Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1861-01-11

1926, was never actually passed upon, either
by the court or jury, in the county Of York,
or by the Supreme Court of the State The
jury merely found the facts, aud the actIoh Of
both courts was but a matter of form
In the argument and determination of the
case, IN the Supreme Court Of the U. States,
IL appears to have been taken for granted, that
our act Of 1926 made il a crimiuai offence for
a master to take bis slave ont Of this State,
without warrant Of removal and, upon this
construction, tie act was declared uncGnstiln-
lional aud void. This, / submit, was a clear
Misrepresentation Of the purpoft and meaning
of our legislation. The first section of the
ac, OF 1926, undsr which the Indictment
against Prigg was framed, vas almost literally
copied FROM the seventh section of the act OF
1888, to which a construction had already been
given BY the highest JUDICIAL tribunal OF the
State Of Pennsylvania, whore II vas betd to
have no application whatever to the removal
of slave by the master Or bis agent, wiLh or
without Berratt. SGch was tue undoubed
law Of the State ulder the statute OF 1883,
aud in re-enactiuz that statute, 10 tue ae' OF
1926, With an increased penalty, il is manifest
that the intention and ohl3et Of the Legislature
was C protect free persons Of color, aud 20
punish those who, by fraud, force OF violence,
were guilty of kidnapping, aud holding or
selling fee men as slaves This the State bad
a clear right 10 DO snd nothing but aliscon.
straction Of her act could have induced the
declaration that il was forbidden ty TIE con-
stitutiou of the United States. IL ID perfectly
clear, that Edward Prigg bad commlttsd no
crime in removing Margaret MorgsD fgoai the
State Of Pennsylvania to the State OF Mary
land, and delivering her up to her ownef and
it Is equally clear. that 40 attempt made,
by the statute Of Pennsylvania to declare his
act crime. He should have been discharged,
not because tae &C. Of tbs Stale was uocoD-
sti ut.onal, but beeause be had net tFansgressed
its commando
TIE Supreme court Of the United States not
only pronounced tue pait tieular section OF tue
act Of 1926, taeu before them, unconstitutional,
bur majority Vi tha court beId that toe whole
agt was void, because tho pager to provide for
The rendition OF fugitges trem Labor, was
yestsd exclusively in Goa gross, aud tas several
States Wsre therefore laaonyeteni 10 pass
statutes either in aid Of, or u nluder, delay or
prevent, the delivery Of snea tugitlyes. That
this was the extent ul the decision, as delivered
by Judge Story, not only appears fiem The
opinions OF the majarity, but also from The
dissenting opinions delivered By tae minority
Of the coait. By this unfortunate decision, ii
wgs au,boritaiively proclaimed hatP PeuDsylva-
ola, ia enactiug her liberal statute ef 1926,
making il the duty of her own officers to AID
~ aErestIng and delivering up fagltIses from
labor, mad uiistakea her constitutional ooIiga-
tion, aud hat her act vas ~ ISOLATION af, rather
than IN obedience to. the Constitution OF the
United States. Uader such ciroums aaces, it
was the 1lauifess duty OF tie State to repeal
hor law thts deelafo3 unconstitutional. Ihls
was doae BY the act Of 1917; and il th4t act
h.d CO. tain d nothing more than repeal of
tA3 law u 1875, and ihs fe-enaetInent Of the
h@ against kl3nep piping, il could rot have been
subject 20 any just 31mp,aint. Bal tae thru
section Of the act Of 1917, prohibits, under
heavy penalties, our julses aud magistrates
from acting unseJ any aos II Congress, or
otbewiss taxing jurisdiction of the case of d
fugitive from Labor; aad the ioatth section
puuisaes With ine, aad imprisonment, the
tamuluong aud ri0tous arrest Of fugitive
slave, 6y any person or persons, uader any
Prcteace oi authority whatever, So as to create
breach OF TIE pukIlc peace. Ihs sixth
section, denying the use OF the county lalls
fer the detention Of fugitive slaves was Ie-
pe,Ied Ia 1852, aud neod oaly be referred to
IS showing the general spirit Of the act The
seventh seetlJu repealed tue provisions cf the
act uf 1850, which authorized persons passing
through oGr State to taxa iheir slaves with
them, aud CASA 10 sujouraers tie Tigat to Dtlng
taeir slaves iatO tue State, aad retlin ideul
nete for any period not exceeding six months.
Ile provisions OF she Ialrd aud fourth Sec
Jlous oi the ao5 OF 1877, seem to have been
predlcated upon lle language Uf the Snpremr
Gdurt n Pirgss case. IL u there admitted
thai the several States aay prohiolt saeIr
magistrates, aud otaee officers, iron exercising
au authorItJ conferred by an acl Of Congress
aud tnsl Willie al owner Of slave, ualer aud
in va tue OF tie Constitution Of the u. 5tates,
IS ciothRi VITA power, III every State OF the
Union, Scze aad recaptare his slave, be
must, negertoeless, DO SO without ustng any
illegal violence, or oJmmattng breach ol the
paape. 1t IS evtIeut taat Tue tr4uisr or lie
act OF 1877, had closely studied the ease OF
Pdgg's Us. Tae commonwealth OF Penasy Iva
nil an. bad kept his law strictly within It's
letter. la mAay respects, tae act Is ln,d,h-
eAt.on OF the principles euGucialel oy toe
court aud more taulJ may justly be found
with It's temper ihau It's want OF constitutional
ity.
Ii fugitive slaves we're Still claimed under
the act Of Coagress ot 1893, the deuiai 20 tae
master OF tue aId OF Stafe judes aud nagis-
trates, might oe source OF great iaceuyeuIence
TO him out the complete and perteos remedy
bow provided BY the att OF Congress Of 1880,
renders ham entirely independent Of State
Officers. Aud toe punishment pf arrest without
warrant, By master ia tue exercise Of bis
constitutional right OF reeaptlou, but made ia
a violent, tumu,oas anl unreasonable mannel ,
amounting TO treeeh Of the peace, is bot
Recognizing by statuEa, what was before the
common las.
These sections were re enacted Ia the revised
ar,. La Of HaaLl:.lI he Iast