Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1860-12-07

HA03 IA hAAol AZ ~A@t esSS euA uHS fAS-ASnhS
Of Pennsylvania have passed laws IN conflict
with the fugitive slavs law. The laws passed
in Pennsylvania are principally designed to
prevent kidnapping and riotous proceedings iE
case Of an arrest of fugitive. Ii these con-
fict with the fugitive slave law, the singular
feature will be presented this winter Of set
Of self-styIed democratic papers aud politi-
clans appealing to the Peoples aad Republic
can party --or as they like to style them, the
Black Republican party-tO do justice TO the
South By repeating acts every one Of which 1cas
passed By legislatures either in Pa,t Or rOholIy
democratic, and sanctioned bg democratic goO-
eraors Egcu the new Penal Code adopted
last winter, aud copied by the Gazette, con-
tsining some of these provisions, was the labor
of three democratic tawyers, and signed by a
democratic governor The Peoples and Re-
publican party having both branches OF the
Legislature and the Governor, we hope they
will appoint committees of able men TO exam~
ine these laws dispassionately, and if they are
in violation of the Constitution of the United
States or laws made IN pursuance thereof, re-
peal these democratic violations--frst, be-
cause it would be right, and secondly, because
the Peoples and Republican party, with more
| majority than many slayehoiding States have
votes, can not only afford to be just, but mag
nanlmons.
Several Of the Locofoco papers, and the Ga
zetts is among the number, are now busy in
defending the treason of South Carolina, and
oDe or two of the other cotton States. This
is not strange, as there were tories in the Rev
olntion, aud there are tories in the North now
If some States have enactments obstructing
the enforcement Of the fugitive slave law, they
we're passed generally before the Republican
party arose, and many Of them by the Locofo-
COS. All such laws ought to be repealed
We do not uphold wrong laws in either section
of our Republic, but those who throw all the
aggression on the North ought to carry back
! their memories few years and recall the ex-
pulsiOn of Mr.. Hoar from South Carolina,
having been sent there by the State of Massa-
chusetts as al ageut to see that no injustice
was done to the free negroes on board the Mas
sachuseIt5 vessels, to tho brutal aud coWardly
| assault on Sumner, to numerous case of kid
mapping, and the maltreatmeut Of Northern
men in the South, too often without cause.
As the public see N to have but little kDo~-
ledge of facts relating to this subject, we quote
portion of an article from the Philadelp phia
Inquiries, which will perhaps euligbten some
folks who seem te have more faith in ''demo-
cratic" newspaper statements than they have
in aught else that is in prins--the Scriptures
cot excepted:
In 1926, the Legislature Of Penusy lvana
passed the act "to give effect TO the provisions
of the Constitutions Of TIE United States, rela-
/ tive to fugitives from labor, for the protection
of people of color, and to prevent kidnapping"
/ Under this act person named Edward Prigg,
was indicted by the Grand Jury of York Co.,
/ for having carried off negro woman from the
State, With intent 10 sell and dispose of her as
slave. The negro was shown and admitted
| to have been slave who had escaped from
! Maryland. The defendant, Prgg, was the
| agent Of her owner, who had20btain4d a war
| rant from magistrate, IN accordance with the
| act of 1926, on which the negro was arrested
and brought before the magistrate, who then
refused to have anything to do with the case.
/ Prigg then took the slave back to MARYLAND
without complying with the provisions Of that
/ act, requiring him TO estabIisl his claim before
magistrate. For this he was indicted under
/ the act. The defendant was found guilty, and
tue case was carried up on appeal 10 the Su-
| preme Court of the United States, which gave
pro lorna judgment against the defendant,
and thence to the Supreme Court of the United
/ States. Do the argument before the latter
| tribunal the cause was conducted on the foot
| ing OF al amlcable suit between PENNSYLVANIA
aud Maryland, which had become a party in
interest; and the good faith of Pennsylvania 10
/ passing the act of 1926 was admitted by the
| counsel for the defendant. The Supreme Court
! decided that that part of the act If 1926, un-
! der which the defendant has Teen indicted and
| convicted Tor kidnapping. vas uuconstituton-
| al, because under the clause of the Constitu-
tion, the owner OF fugitive slave had the
/ right of reception, provided he can d. it With
! out any breach of the peace or illegal violence.
And tue court went further aud decided, tho
With some dissenting voices, that the whole of
tie portion of the act which provided the mode
in which the reclamation of fugitves from la
Dor should be conducted was unconstitutional,
because Congress has exclusive jurisdiction
over the subject. The court further decided
that the constitutionality of the power confer
red upon State magistrates by the act of Con-
gress Of 1898 was doubtful, although such
magistrates might, ii they choose, exercise that
authority, unless forbidden by the State Leg
islature.
The case was decided 10 1912, aud the act
against kidnapping being held to be unoonsti-
tutional, large class of persons were left
without any protection from abduction, since,
if the negro stealer could only escana with his