The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-12-20


by your State Legislature, and which was
passed tvty four gears after the law OF
1913 was passed By Congress, was ipten
ded, beyond all question, to defeat the
operation of the Congressional act. This
is too palpable to admit of doubt. as it
refers, in express terms, to that act.
In the Pennsylvania law, to which you
refer me, your Legislature declared, in
the Sd, 4th and 5th sections thereof,
"That no Judge of any of the Courts of
this Commonwealth. nor any alderman
or Justice Of the Peace of said Common
wealth, shall have jurisdiction, or take
cognizance of the case of any fugitive
from labor. from any of the United States
or Territories, under a cerain act Of Con.
gress, passed ON the twelfth day of Feb
ruary, one thousand seven hundred and
ninety three, entitled AN Act respect.
ing fugitises from justice, and persons es-
Gaping from the service of their masters;
nor shall any such Judge, alderman or
Justice Of the Peace, ofthis Commonwealth,
issue or grant any certificate or warrant
of removal of any such fugitive from la
Dor, under the said act Of Congress, or IN.
der any other lar. authority or act Of the
Congress Of the United States; and if any
alderman on Justice Of the Peace ofthiS
Commonwealth. shall take cognizapce or
jurisdiction of the case of any such fugi-
tive, or shall grant or issue any certificate
or s0arraaat Of renovaJ, as aforesaid, then,
and in either case. he shall be deemed
guilty of misdemeanor in Office, and
shall, on conviction thereof, be sentenced
to pay, at the discretion of the Court, any
sum not less than Eve hundred dollars,
nor exceeding one thousand dollars; the
one half to the party prosecuting for the
same, and the other half to the use of
this Commonwealth.
Sec. 4. That if any person or persons
claiming any negro or mulatto, as fugi-
tive from servitude or labor, shall un0er
any pretemce Of authority schatsoever, vio-
lently and unanimously seize upon and
carry away to any place or attempt to
seize and carry away, in riotuous, vio-
lent, tum ultuous and unreasonable man.
ner, and so as to disturb or endanger the
public peace, any negro or mulatto with
in this Commonwealth. either aoitb or a0ath
ont the intention Of taking such negro or
before any district or csrcatat Judge,
the person or persons so offending against
peace of this Commonwealth, shall be
deemed guilty of a misdemeanor, and on
conviction thereof, before any court of
quarter sessions of this Commonwealth,
shall be sentenced by such court to pay
6ne of not less than one hundred dollars,
nor more than one thousand dollars, with
costs of prosecution; and further, to be
confined in the county Jail for any period,
at the discretion of the court, not exceed
ing three months.
"5th. That nothing in this act shall be
construed to take away what is hereby
declared to be invested in the 1udgeS Of
,his Commonwealth, the right, power and
authority, at ell times, on application
made, TO issue the aOrI of habeaS corpus,
aud to enquire into the causes and legali-
ty of the arrest or imprisonment of any
human being, within this Commonwealth
Can there be a doubt. that this law
was intended to obstruct the execution of
The law of Congress, providing for the re-
,overy of fugitive slaves l have itali-
,ised certain parts of it. that regard im-
portant in this view, and it really seems
TO me, that no nan read these three sec,
lions, without being fully convinced, that
such was the object Of its trainers. If
not Why the specific mention OF the act of
''the taoetth day Of February, one thousand
seven hundred aud aa'aety three ?"
When my letter to MIR. Brisbin was
prepared, was aware of the fact. that
the sixth section of your act of ls47 bad
been repealed in 1852. and | was greatly
surprised to find that the three sections
have quoted. had not been repealed also.
So long as the sections remain unrepealed
every citizen of Virginia and other slave
holding States. whose slaves escape and
are found in Pennsylvania, must be most
seriously embarrassed, in recovering the
of bis property. Suoh embar-
rassment has been suffered already, by
citizens of this State and of Maryland
Fl ave you forgotten the case of Parsons,
and the action of our Legislature in regard
to It'll Have you forgotten the fact that
the Attorney General of Virginia. was
sent by our constituted authorities. to
Fl Ho1lydaysburg, in the month Of Februa.
ry 1856, to defend MIR. Parsons, who had
been indicted, under this Identical law of
1s47. Mr.. Parsons had committed no
crime--be had only seized the slave, and
was carrying bin home. as ne had the
right to do, "aoitbout other aoGrrGnt than
the constitution" respectfully, ask your
attention to this case, as one illustration
OF the obnoxious" character of this law.
I now invite your attention to the case
of Emanuel Myers, indicted under the
same law, as it is presented by the Gov
ernor of Maryland in bis message of jan
uary, 1860:
"In June last, Emanuel Myers, cltl-
zen of thi. State, residing in Carroll coun-
ty, duly appointed agent and attorney for
the owners of certain runaway negroes,
wbo bod Aaa into Cumberland county. in