The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1861-01-24

Or Otherwise taking jurisdiction of the
ease Of u fugitive from labor; and the
lourth section Furnishes, with fine and
imprisonment the tumultuous and riot0us
arrest Of a fugitive slave, by any person
or persons, under any pretence Of author
i.y whatever, so as to create a breach OF
the public peace. The sixth section, de
nyiug the use of the county jails Tor the
detention of fugitive slaves, was repeated
in 1852, and need only be referred to As
showing the general spirit Of the act
TIE sevaath section repealed the provis-
visions Of the act Of 1880, which author
ICED persons passing through our State
40 take their slaves With them, and gave
10 sojourners the light to bring their
slaves into the State, aud retain them
here for any period not exceeding six
months.
The provisions Of the third and fourth
f~eetions Of the act Of l847 seem to have
been prtdlcated upon the language Of
the Supreme Court in Prigg's case. 1t
Is there admitted that the several States
may prohibit their own magistrates, aud
other of: GERS, from exercising an author
ity conf, rred by au act Of Congress and
shat while an owner of a slave, under aud
IN virtue of the Constitution of the Unit
ed States, is clothed with power, in every
State of the Union, to seize and recap
ture his slave, he must, nevertheless, do
30 without using any illegal violence, Or
committing a breach Of the peace 1t Is
wider that the Trainer of the act Of
le47 had closely studied the case Of
Prlgg VS.. The Commonwealth of Penn
sylvania, and had kept his law strictly
within its letter. In many respects the
act is a codiicatiou of the principles
cnunc;ated By the court, and more fault
may justly be found with lis temper than
its want Of constltutionality.
II fugitive slaves were still claimed
under the act of Congress Of 1893, the
denial TO the master of the aid Of State
Judges and magistrates might be source
of great Inconvenience to him bat the
complete and perfect remedy now pro-
vided BY the act of Congress Of 1850
renders him entirely independent Of State
officers And the punishment of arrests
without warrant, by a master in the ex-
ercise of lis constitutional right of re-
caption, but made in a violent, tumult-
nous and unreasonable manner, amount.
5ag to a breach of the peace, is but rec
egnizing, by statute, what was before the
common law. These sections were re-
enacted in the revised penal code Of
Penn. ~vivania at the last session Of the
Legislature. and are still the law Of the
State; but they are not now Of any
practical importance, and as their retcn-
tion on our statute books is calculated to
create the impression that the people Of
this State are unfavorable to the cxecu-
tion Of the fugitive slave law, aud the
discharge of their confederate duties, and
with the view Of removing this subject
of rcproach, [ earnestly recommend their
unconditional repeal.
While a majority of the judges of the
Supreme Court Of the United States in
the Prigg case, held that a State had no
constitutional right to provide, by legjs-
htion, for delivering up fugi;iges from
labor, a minority were then of the oPin-
ion that State laws consistent with, and
in aid Of the constitutional injunction,
we're valid and proper, And this minor.
ity opinion is now the judgement Of the
present court, as recently indicated IN q
case winch arose in the State Of Illinois
There is, therefore, nothing to prevent
the revival of the act of 1925, and it,
restoration TO the place in our code t.
which, by its merits, it is so justly en-
aitled. This would leave to the option
Of the claimant whether he would seek
his remedy under State or National laws
H. had this right before the repeal Of
on. act of 1926, and, in my opinion, nc
g)ol reason can be assigned FIR refusing
- place him again in the same position
! would also recommend that the con.
sent Of the State be given that the mas.
ter, while ~sojourniDg in our State, for ;
limited period, or passing through it, may
b. accompanied by his slave, without
losing his right to his service, While
slch legislation is due to the comity
which should ever exist between the diff
ferent States Of this Union, it would IN
doubtedly tend greatly to restore tha'
peace and harmony which are now 81
unwisely imperiled. By it Pennsylvani;
would concede no principle. We woulG
simply be falling back upon our %ancien.
policy, adopted at a time when our pco
pie were themselves struggling for thei,
rights, and never departed from, until
by a misconception of its meaning, one
of our most important statutes was de
cared unconstitutional.
From 1870 to 1917, a period of sixty
seven years, Pennsylvania, herself 4 free
State, permitted the citizens of othet