Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-11-30

citizens OF other non.savchol,ling States, to Il
source OF irritation that was doing as much to
weaken the bonds Of the Union, as any other
one thing having legal existence.
With these introductory remarks, proceed
to the discussion OF the questions in issue. The
portion Of my letter Of which you complain as
uniuS, 10 your STATE, is embodied in this sem
tcnce:
"lf ain not greatly mistaken, Pennsylvania
is one of Inc eleven non.slaveholdng States
which have passed statutes, now in full force
and effect, designed to ob>truct the execution
Of the Fugitive Slave Law.
| This charge was not made without reflection
and examination and | feel persuaded that
can sustain it fully, and TO the letter, by such
authority as canno, be successfully assaied or
controversial
The first Fugitive Slave Law was passed by
the Congress of the United States, and approved
By President Washington, on the 18th day Of
February, lT93. The Act is entitled IAN Act
respecting lugitiycS from Justice, "!.I persons
rstdyil.g ii'om tie >eJtirc 9f' Meir masters.
i'hc.:hird section oi that act provides:
That rfi.en person held to labor in any o..
the u!trd States. ur i'll either Of the lerr!to'
rcs on the Northwest or South Of the river
Ohio under the laws thereof, shall! escape into
any other Of the said States or territory. the
,!er,nn TO whn,n such labor or service may be
Tue, III agent or attorney, is hereby empower
cd gss;:e or uyre.: s"ci yugititty yr0m !ijor, and
10 take him or her beo:e a:iy jud se of Tic cir
cnit or district courts Of the United States, re-
siding or being within the State, or before any
m"yis:rat' 9r' Il county, city or !dicn corporate
wherein such seizure Or arrest shall be made,
and upon proof to the satisfaction Of Such
iadys or magistrate. either by oral testimony
or affidavit taken before and certified 10y 4 ma
giStratc Of any such State or Territory, that
the person ST. seized or arrested DOTH under
the laws nf the Slate or Territory from which
he -: Size feel. owe service or labor TO the per-
son claiming him Or her, it shall be the duty OF
surd jaiyC ~ HiagiSir'tie 10 give Il cGFt.Rc"tt
HCrtnf tu suci. claimant, his agent or attorney,
which shall hc >yiic'e',! mnIr'i"! for removing
the said fugitive from labor to The State or Ter
ritory from which lic o. Size tied.
Tie fourth section o! the act further provides,
That any person who shall knowingly and
willingly oh>,ruct vr hinder such claimant,
his agent Or attorney III 30 Seizing or arreStlnG
sucil fugitive from labor oy' stall rescue sGch
fuJiiire iicm sri c!aimani, has age"t or
otioynsy, ,,a,. 81 urrcSttd. pursuant to the
authority herein given or declared; or shall
hal5or or conceal such person, after notice that
he or she WAS Il fugitive from labor, As aiorc-
said, shall, !Dr either Of the SAID ctitnces ior
felt and pay tie >t;m ol live hundred dollars
which penalty unv hc recovered by and Tor
the benefit o, such claimant, by action OF debt,
in amy Court I.:opcr 10 try the same, saving
moreover 10 the person claiming such labor or
srr"i.c, his ri.li Of action for or on account oil
the SAID injuries OF either OF them.
The provisions ot these sections Of the law
ui ~. are too plain 10 lac misunderstood
They refer To .Ii".cS OF the Circuit and Dis
trict Courts 81 tic Gntcf States, and also 10
atyi>irot,Sni c0aHties. cities nat t0ThS corp0.
n,'. a! =, these officials, under the terms OF
! the las, have duties TO yclioilm IL giving iu!
| force :iuH effect 10 ;I.:; important iaw FOR the
! Protection oil tic rights vi citizens m slave
i:olin. States.
Tie law ul March sd, istI, enacted by your
| State Legislature, and which was passed Efty-
! fo4r gtarx oJi,r the !aw uf T!i WAS passed by
( Comst,,S, mas intended, beyond all question,
10 defeat the operation Of the Congressional
act. This is tao ialPablc TO admit Of doubt,
as it refers, in express terms, to that act.
Ia iF.: Pennsylvania law, to which you refer
mr. v"ur Legislature declared. i'll the "d. 18th
tr ;,til >ccliul.S thereof, That no Judge oi any
I ii the Courts Of this Commonwealth, nor any
| .lii.rN,a,, o.. Justice ~ tie Pedce o! said Com.
uionwraiih. shall have jurisdiction, or take
co.r,.2anvr oi the case of any fugitive from
tabor. from lnv Of the United States or Terri
torres. rn,2 certain act Of Congress, passed
On ;hr lwc!itl! day .! February, one Thousand
seven hundred anh niucty-thrcc, entitled M
ict respecting lu.ilivcs from justice, ana per
sN.s escaping from the service OF their masters;
uor shall any SncA J"dge, alderman or "ns
tire rt M1 Peace, of Mis Commonwealth, issue
or grant ans certificate or warrant Of reIDova
of any such fugitive from labor, under the sllt
act "i tonGrt%S, "r mater aHy dMeF Hr, n"
thori;q ar uct ri tie Congress 9f tie Cnitto
,:intcs; and If ""y alderman or JHSitre G3 Mt
Peacf, of hi. Lonmomrca!th. shall take cog
nizance or jurisdiction OF the case OF any such
fugitive, or shall grant or issue Hdy ccrtihcat'
or ruryaat or' J,iaycai, as usGfore>aid, then, ant
in either case Inc shall be deemed guilty OF :
IniS,l.mcanrr in Office, and shall, OIL c0nrIctloI
thereof, be scHtcacrd TO pay, at the discretion
os the Court. any sum not less than i've nun
drr,l dollars, nor cXce"'iing oEe thousand dol
lars; the onr-haif To the party prosecuting l0
the same. and the other half 10 thc use oil th
Commonwealth.
sec. /. That ilany person or persons claim
ng ANY negro or m;Ilalto, rs fugitive from ser
vitu,ic or .;lbor, SHALL Hnier arg pretsnee Q
au'horiiy rhnisotc|r. violently and tumuItu
ously seize upon ard carry away to any place
or attempt to seize and carry away, in rlotous
violent, lumultuous and unreasonable manner
and 50 as to disturb or cndanscr the pubic
rearc. arv negro or mulatto wlthln tins Com
uonwcallh, either ,ciM or rith0nt tie thteh
tioa or ta!iHgsuch negro or mntdtto dcfore an!
dis!yict or circutgudge, the person or persons
so Offending against the peace oi tins Common
wealth. shall be deemed guilty Of nisde
mcauor. and OF conviction thereof, before any
court 81 quarter sessions OF tins Common
wealth. small be sentenced by such court t
pay a tine of not less tl@n one hundred uollars
nor more than one thousand dollars, with cost
n prosecution; and further, to be confined II
the county Jail Tor any period, at the discretion
o! the court. rot exceeding three months
"j.H. That nothing in this act shall be con
s,r.eG to take away what is hereby declared Il
lc invested in the j"Jgss of' Mis Comm".
,cgu!M, The right power and authority. ut nj
times, on application made, 10 issue the ere
ah,.btus rorpns, and to enquire into the cause
and legality Of the arrest or imprisonment o
oy,y Iumuu bsirs. within this Common
wealth.
Can there be doubt, that this law was IN
tended to obs,rrct the execution OF the law o
Congress, providing for the recovery OF iugI
tive slaves: | have itaiiciscd certain parts o
ii. tia, i regard important in this view, ana
rraIlv seems 10 lEc, that no man can read these
three sections, without being fully convinced
tha; s.lch WAS the object Of It's trainers II no
shy the specific mention Of the act OF "tA'
iireitM dag Of ELrHary, me th"H%H" 'tte'
h,mdrcd and Et"ety-ihrte:
When ny letter to Mr. Brisb;n vas prepared
was aware Of the fact, that the sixth section
,r yollr act of 1871, had bten repealed in 1852
and was greatly surprised to find that li!'
three sections have quoted, had not been re
pea!el also. So long as these sections remain
uarepealed, every cilizen Of Virginia ami othe,
s!aycholding States, whose slaves escape and
! ,.NsfS Ir