op
from Nantucket, happened at this very time to be confined for debt
in the same prison with the alleged slave, and the Captain's
testimony, together with that of some other witnesses, who had
known the man previous to his pretended elopement, so fully
established his freedom, that the Court discharged him.
Another mode of legal kidnapping still remains to be described. By
the Federal Constitution, fugitives from _justice_ are to be
delivered up, and under this constitutional provision, a free negro
may be converted into a slave without troubling even a Justice of
the Peace to hear the evidence of the captor's claim. A fugitive
slave is, of course, a felon--he not only steals himself, but also
the rags on his back which belong to his master. It is understood he
has taken refuge in New York, and his master naturally wishes to
recover him with as little noise, trouble, and delay as possible.
The way is simple and easy. Let the Grand Jury indict A.B. for
stealing wearing apparel, and let the indictment, with an affidavit
of the criminal's flight, be forwarded by the Governor of the State,
to his Excellency of New York, with a requisition for the delivery
of A.B., to the agent appointed to receive him. A warrant is, of
course, issued to "any Constable of the State of New York," to
arrest A.B. For what purpose?--to bring him before a magistrate
where his identity may be established?--no, but to deliver him up to
the foreign agent. Hence, the Constable may pick up the first likely
negro he finds in the street, and ship him to the south; and should
it be found, on his arrival on the plantation, that the wrong man
has come, it will also probably be found that the mistake is of no
consequence to the planter. A few years since, the Governor of New
York signed a warrant for the apprehension of 17 Virginia negroes,
as fugitives from justice.[103] Under this warrant, a man who had
lived in the neighborhood for three years, and had a wife and
children, and who claimed to be free, was seized, on a Sunday evening,
in the public highway, in West Chester County, N.Y., and without
being permitted to take leave of his family, was instantly
hand-cuffed, thrown into a carriage, and hurried to New York, and
the next morning was on his voyage to Virginia.
[Footnote 103: There is no evidence that he knew they were negroes;
or that he acted otherwise than in perfect good faith. The alleged
crime was stealing a boat. The _real_ crime, it is
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