receive the fugitive into his custody shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And if any person or persons shall, by force, set at liberty, or rescue the fugitive from such agent while transporting, as aforesaid, the person or persons so offending shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year."

And by the 3d sec. "When a person held to labour in any of the United States, or in either of the territories, on the northwest or south of the river Ohio, under the laws thereof, shall escape into any other of the said states or territory, the person to whom such labour or service may be due, his agent or attorney, is hereby empowered to seize or arrest-such fugitive from labour, and to take him or her before any judge of the circuit or district court of the United States, residing or being within- the state, or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be made, and upon proof, to the satisfaction of such judge or magistrate, either by oral testimony, or affidavit taken before, and certified by a magistrate of any such state or territory, that the person so seized or arrested doth under the laws of the state or territory from which he or she fled, owe their service or labour to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labour to the state or territory from which he or she fled."

And by the 4th sec. "Any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney, in seizing or arresting such fugitive from labour, or shall rescue such fugitive from such claimant, his agent or attorney, when so arrested, pursuant to the authority herein given or declared; or shall harbour or conceal such person after notice that he or she was a fugitive from labour, as aforesaid, shall, for either of the offences, forfeit and pay the sum of five hundred dollars. Which penalty ⚫ may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; securing, moreover, to the person claiming such labour or service, his right of action for or on account of the said injuries, or either of them."

A person committed as a fugitive from justice, will be retained a From justice. reasonable time, that he may be demanded by the executive of the state of which he is a fugitive, and if no demand is made within a reasonable time, he will be discharged. Goodhue's Case, before Radcliff, mayor, 1817. City Hall Rec. Vol. I. 153. A person who stole a gun in New Jersey, and was apprehended in the city of N. York with the gun, was ordered to be detained as a fugitive from justice, until notice should be given to the executive of New Jersey, that he might be demanded and delivered up, as he could not be tried in the state of New York for the offence. 2 Johns. Rep. 479.

In Gardner's case (2 Johns. Rep. 477.) who was convicted in Washington county, of stealing a horse in Vermont, it was decided by the court, Kent C. J. that when the original taking is out of the jurisdiction of the state, the offence does not continue and accompany the possession of the thing stolen, as it does in the case where

From labour.

a thing is stolen in one county, and the thief is found with the property in another county. The prisoner can only be considered as a fugitive from justice from the state of Vermont. A contrary decision was made in the supreme court of Massachusetts. (2 Mass. Rep. p. 14. See page 1. and Washburn's case. 4 Johns. C. Rep. 106.)

Under the foregoing provisions of the constitution, an act of congress, it has been decided in Pennsylvania, by the supreme court of that state, that if a female slave escape from Maryland into Pennsylvania, and, afterwards, become pregnant in the latter state, and be there delivered of a bastard child, such child is born free; the court declaring, that the constitution and act of congress embrace, in such case only the person escaping, and not the issue. Sergt. Const. Law. 387. 2 Sergt. and Rawle, 306.

The object of the act was to prevent fugitives from labour from sheltering themselves from service, by flying from the state into which they belonged, into an adjoining one. In such case, the claimant may seize such fugitive, and bring him or her before any magistrate of a county, city or town corporate, and make the requisite proof before the magistrate, whose duty it shall be to give a certificate. The act applies as well to whites as blacks, and the certificate may be obtained as well from a justice of the peace, in any town of the state, as from the highest judicial magistrate. The certificate is prima facie evidence of the facts it contains, but not conclusive. Per Colden, mayor, General Sessions, New York, 1819. An act of New Jersey of 1812 provided, that before any negro should be removed into any other state, a judge should, after examining him or her, give a certificate that such removal was with the free will and consent of such negro. On the 8th day of November, 1818, R. having purchased a black woman in the state of New Jersey, and having duly obtained such certificate, removed her out of the state. But on the 5th of November, 1818, the legislature of New Jersey passed an act, providing that no negro should be removed out of the state, except under certain circumstances, which did not apply to the removal of R.; and that if such negro should be removed, contrary to the act, he or she should be free. It was held, that by such removal, the person became free.

The certificate of a magistrate, under a statute of the United States, before whom a person has been brought, who has been arrested as a fugitive from labour, from a state or territory, under the laws of which such person is alleged to owe service or labour to the person claiming him or her, is not conclusive, and notwithstanding the certificate, another magistrate before whom such person is brought on a habeas corpus, in pursuance of the statute, (N. Y. R. Laws, vol. 2. p. 93.) may inquire into the facts of such confinement and restraint, and discharge, bail, or remand the party. (Ibid.)

The provision to the constitution is not to be so construed as to exempt fugitives from labour, by escaping into another state, from its penal laws.

If such have been guilty of felony, or of riots, violent assaults and batteries, or other offences which, though not felonies, are dangerous so the peace of the commonwealth, they are subject to prosecution and punishment. Where a slave absconded from Maryland,

and was committed to a gaol in Pennsylvania on a charge of forni- From labour. cation and bastardy, committed in the latter state, and an agent of the master came on to receive him, inasmuch as fornication is treated as a crime by the law of Pennsylvania, and where it is accompanied with bastardy, security is required for the maintenance of the child, the court remanded the slave to prison to answer the charges of fornication and bastardy. (3 Sergt. and Rawle, 4. But a fugitive cannot contract a debt in another state, so as to impair the right of the master to reclaim him. If therefore, a person contract such debt with the fugitive slave in the state to which he fled, and, on the master's coming to reclaim him, sue out an attachment against such slave for the debt, on which the slave is arrested by an officer, and forcibly detained and imprisoned, although the laws of such state prohibit slavery, trespass lies in a court of the state where the master resides, to recover damage for the injury.' Serigt. Const. Law, p. 387, 388. A., the owner of a slave in New York, went into the state of Vermont to reclaim his slave, who had run away from the service of his master, and resided there as a freeman. A. having taken the slave; while in his possession B.. took an attachment against the slave for debt, on which the slave was arrested by an officer, and forcibly taken out of the possesson of his master and imprisoned. A. brought an action of trespass against B. in New York, for taking away his slave, and it was held that, under the law of the United States, A. had a right to reclaim the slave, a fugitive from labour; and that as the slave was incapable of contracting a debt. the attachment was illegal and void, and no justification to B. 9 John's Rep. 67.

If a certificate be given by a state judge in pursuance to the act of Congress, which certificate is a valid warrant to remove the slave out of the state, and no writ of homine replegiando lies after such certificate is given, to try the right of freedom in that state. Such a writ is a violation of the constitution, and will be quashed on the return. The slave's right to freedom may be tried in the state to which he is removed. 5 Sergt. and Rawle, p. 62. Contra, per Colden, mayor, who said he would not have it doubted for a moment whether a proceeding, under au act of the congress of the United States, before a single magistrate, was conclusive on the personal liberty of an individual; that it could not have been the intention of our national legislature. The certificate was, no doubt, prima facie evidence of the facts it contained, but not conclusive. 4 City Hall Rec. p. 48.

He so decided in the case of Jane Wilson, a black woman, who was brought before him on a habeas corpus. She was charged with being the slave of William Raburgh, of the state of New Jersey, and owed him labour and services there, and was a fugitive from that place. She was arrested in New York, and on a hearing before Judge Livingston, a certificate was given to remove her in pursuance of the laws of the United States; his honor the mayor decided, he was not concluded by the certificate of the circuit judge of the United States; and, for reasons detailed in the case, set her free. (Ibid.)

Acknowl

By an act of Congress, April 30, 1790, sec. 14. "If any person shall feloniously steal, take away, alter, falsify, or otherwise avoid edging bail in

the name of any record, writ, process, or other proceedings, in any of the courts any other per- of the United States, by means whereof any judgment shall be re&c.

son,

Extortion.

versed, made void, or not take effect; or if any person shall acknowledge, or procure to be acknowledged, in any of the courts aforesaid, any recognizance, bail, or judgment, in the name or names of any person or persons not privy or consenting to the same, every such person or persons on conviction thereof, shall be fined not exceeding five thousand dollars, and be imprisoned not exceeding seven years."

By an act of congress, 1st March, 1793. "If any officer herein before mentioned, or his deputy, shall, by reason or colour of his office, wilfully and corruptly, demand and receive, any greater fees than those allowed by this act, he shall on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court before whom the conviction shall be.

No prosecutions have ever occurred under the above section.

By an act of congress, April 30th, 1790, sec. 26., "If any person shall sue forth, or prosecute any writ or process (against any ambasAmbassadors sador or other public minister,) such person or persons, and all or other pub- attorneys or solicitors prosecuting or soliciting in such case, and lic ministers. all officers executing any such writ or process, being thereof convicted, shall be deemed violators of the law of nations, and disturbers of the public repose, and be imprisoned not exceeding three years, and fined at the discretion of the court."

By the 27th sec., If any person shall violate any safe conduct or passport duly obtained and issued under the authority of the United States, or shall assault, strike, wound, or imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister; such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court."

A servant of Mr. Daschkoff, the Russian minister, was arrested in Philadelphia for a small debt. The minister's carriage (in which were himself and family,) was stopped in the public street. No measures, however, were taken against the attorney who issued, or those who executed the process. It was understood to be the wish of the minister, that no prosecution should take place for the insult offered him. And those who were concerned in this illegal arrest are indebted to the humanity of that gentleman for not being made an example for an infraction, and a violation of the law of nations. A secretary is entitled to all the immunities of a minister. Exparte Cabrera, Philadelphia, 1805. MS.

In an indictment for an assault upon a public minister, the first count charged the offence under the act of congress; the second count for an infraction of the law of nations, by offering violence to the person of the minister. It appeared upon the trial that the violence alleged was firing a pistol at the minister's house. It was held the first count was not sustained, but that the second was: and that it must appear the defendant knew it to be the minister's house. United States v. Hand, Philadelphia, 1818. MS.

A prior assault by a foreign minister, deprives him of his privilege, and will excuse a battery committed upon him. United States v. Little, Oct. 1805, Philadelphia, MS.

Counterfeit

or

By an act of congress, 1st April, 1806, sec. 1., "If any person shall falsely make, forge, or counterfeit, or cause or procure to be ing coin, &c. falsely made, forged, or counterfeited, or willingly aid or assist in Falsely mafalsely making, forging, or counterfeiting any gold or silver coins, king, forging, which have been, or which hereafter shall be coined at the mint of &c. gold the United States, or who shall falsely make, forge, or counterfeit, silver coins of or cause or procure to be falsely made, forged, or counterfeited, or the mint, or willingly aid or assist in falsely making, forging, or counterfeiting foreign gold, any foreign gold, or silver coins, which, by law, now are or hereaf- or silver coins ter shall be made current, or be in actual use and circulation as made current, money within the United States; or who shall utter, as true, any &c. false, forged, or counterfeited coins of gold or silver, as aforesaid, for the payment of money, with intention to defraud any person or persons, knowing the same to be falsely made, forged, or counterfeited; any such person, so offending, shall be deemed and adjudged guilty of felony, and being thereof convicted according to the due course of law, shall be sentenced to imprisonment, and kept at hard labour for a period not less than three years, nor more than ten years; or shall be imprisoned not exceeding five years; or fined not exceeding five thousand dollars."

And by the 2d sec., "If any person shall import, or bring from Importing any foreign place into the United States, any false, forged, or coun- any false, forterfeit gold or silver coins, which are by law made current, or are in ged, &c. gold actual use and circulation as money, within the United States, with or silver coins the intent to utter, or make payment with, the same, knowing the with intent to same to be falsely made, forged, or counterfeited; or who shall utter them. utter, as true, any such false, forged, or counterfeited coins of gold or silver as aforesaid, for the payment of money with intention to defraud any person or persons, knowing the same to be falsely made, forged, or counterfeited, the person so offending shall be deemed guilty of felony, and, being thereof convicted, according to the due course of law, shall be sentenced to imprisonment, and kept at hard labour, for a period not less than two years, nor more than eight years; or shall be imprisoned not exceeding two years, and fined not exceeding four thousand dollars."

And by the 3d sec., "If any person shall, fraudulently, and for Impairing gain sake, by any act, way or means, whatever, impair, diminish, scaling, lightfalsify, scale, or lighten, the gold or silver coins which have been, ening,&c.gold or which shall hereafter be, coined at the mint of the United States, or silver coins or any foreign gold or silver coins, which are by law made current, of the mint, or or are in actual use and circulation, as money, within the United forging gold States, every person so offending shall be deemed guilty of a high and misdemeanor, and shall be imprisoned not exceeding two years, coins current, and fined not exceeding two thousand dollars."

The courts of the several states have cognizance of offences against the act relating to the coin, by express provision of the 4th sec. of the act.

&c.

silver