New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-03
GOV. PACKERS FAREWELL OFFERINGS TO
THE SLAVE POWER.
TIE HuAilIIATIONS RECOMMENDED TO PENN

SYIyANIA.


Conclusion Of Gov Packer. Message.
The first act Of Congress providing Tor the rendition
Of iueitives from Justice labor, was passed IA I'D
and oil mated from the refusal Of the Governor %
Virginia to surrender aud deliver up on the requisiton
of the Governor Of Pennsylvania, three persons who
had been indicted in Pennhy lSanil ior Ai1uappng a
negro and carrying him into Virginia. And when II
Was found tia: this Congressional sia.utcdd not AFFORD
simple speedy and efficient remedy for the recovery
of fugitiyes from labor, the Legislature OF Pelnsyi
vania at the request OF the adjoining STATE Of Mar,
land i'm 1876 passed her act " to give eject 10 The
proyons OF the Constitution of the United States,
iaiye to fugiiives from labor, for the protection O
free people of color, and 10 prevent kidnapping lm'
excellent and well considered law met all the existing
emergencies Ii required the Judges, Justices OF the
Peace and Aldermen Of the State upon the oath OF the
claimant to sue their warrant for the arrest OF any
fugitive from labor escaping nto this State diieclin-
however, that such warrants shonld be MADE rntuiioc
by whOInsoever Issued before Judge OF the proper
county 1t required sheis and constabes to exec e
such warrants. 1t authorized The commitment Of the
fugitive to the county Jail and otherwise made proyl-
siOns to iis elective execution ana AZ the same
time to prevent its abuse.
This law continued quietly in operation until the de-
ciion of the Supreme Court OF the United States made
in 1912, in the of Piigg agt. The Commonwealth
Of Pennsylvania The history OF thls case may 10
briefly stated: Edward pfigg was indicted IN the
Court Of over and Iemner Of York County, Tor kid
mapping colored person, named Margaret Morgan
iron the Trial appeared that she was held IA slave
in the State Of Mary land and that she escaped INTO me
Edward Pyigg was appointed, by the owner OF the
slave TO seize and arrest her fugitive from LABOR
In pursuance Of this authority, aud under warrant
irsli,d by Justice Of the peace, Prog caused the
negro woman 10 be arrested and without having
Obtained any warrant of removal, he delivered her 10
her owner IN the State Of Maryland. These facts wcrc
found by special verdict, and by the agreement of
counsel judgement was entered against Prigg. From
this Judgment wit Of error was taken to the Supreme
Court OF the State, where pre- jorma judgment OF
aiiirmance again, by agreemeAt entered, ANA the
case removed to the Supreme Court OF the United
States. -
Ii will be observed that the question, whether I'd
ward Prigg was really guilty Of the crime OF kdnap-
Ping under the Pcnnsy yania statute Of S26 WAS never
actually passed upon, either By the court or pry IN
the County Of York, b. the Supreme Court OF the
State The jury merely found the facts and the action
Of both courts was but matter OF form.
In the argument and determination of the case, IN The
Supreme Cont of the United States il appears to have
been taken for granted that orr act Of 1895 made 1t
criminal ofense for master TO take his slave ont Of
this State without a warrant OF removal; and upon
this constructions the act declared uncOns,i, nionai
and void. This submit, a clear misapprehcnson
OF the purport and meaning of legislation. The
first section of the of 1896 under which the indic-
ment against PIigg was framed almost literally
copied from the seventh section OF the act OF 1855 to
which construction had already been given by the
highest judicial tribunal Of tie state Of Pennsylvania
where il was held to have application whatever TO
the removal OF slave by the master or hs agent with
or without a warrant. Such was the u1dOubted law
OF the State under the satn;e Of l7SS and in reenao
ing that statute, in the act OF 1926 with increased
tenay it IN manifest that the intention and object Of
the Legislature 70 protect free persons of color
and TO pErish th0se who, by raut force or violence