Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-08

s"%' La ,ba, our mulual rights and safety depend on
our mutual iorbrarance. cl. c,,,
on Inc 1a,h February, 1898, "t,c Father o!his eoui-
try" approved the following act OF Congress, who -,
which established our independence, anu iorh'eu !"
Union. II is entitled san act respecting iugItires from
;,s,;cc. and persons escaping from the service Of theif
masters. ,Lo Exocr.
100 authority Of any State in the Union, or OF cttheF
If The Territories North West or South OF the RIVER
Ohio. shall demand any person as a tisit'c V" -
re ,be Executive authority Of any such ota'e or l,''r,
tory TO which such person shall nave ie"' "nu .'"i
narrower produce the copy Of an indictment ioiinu' OF
an aGdayi, made before n magistrate oil any "'ae "
Territory us aforesaid, charging The person SO ceH'anu-
ed with having committed treason, iei'ny OF or"e :
crime. certified as authentic by the Governor II n''
N,n;s,r,,c Of the State or Territory from whence the
n.rsop q CHARGED fled, it shall be the duty OF the Ike
cuiive authority Of the Stale or Territory to winch sncn
person shall have fled, TO cause HIM or hr 10 ne aiiesteo
and secured, and notice of thc arrest 10 be gwen 10 inc
erecu,,yc authority making snch demand, or TO the agent
&c s,.b authority appointed TO receive the fugitive, ana
70 Cause The fugitive 10 be delivered to such agent when
he shall appear. But If no such agent snail appear
within six months from the time OF the arrest, inc pr''
soner may be discharged and all costs or expenses, m
on,.oJ in the apprchcnding, securing and transmitting
snch r,ri,iye to the State or Territory making such &C.
mana, shall be paid By such State or Territory.
$50. That any agent, appointed as aforesaid, who
shall receive the fugitive INTO his custody, shal DC en-
4 pD,yCr pu 10 lTIUSpOIl IIIuI w ~ ~ 49, N'
~ from which he or she shall have fled. And II any
n9nrson or persons shall, by force, set at liberty, or res
cue lie fugitive from such agent while transporting, rs
Aforesaid, the person or persons so offending snail, on
co~nyi,tion, be fined not exceeding five hundred dollars,
and h. ;mprisoncd not exceeding one year.
asa. That when u person held 10 labor IN any OF the
L. 8, or in either Of the Territories on the Northwest
or South of the river Ohio, under The laws thereof, snail
escape into any other Of the said States or Territory,
the person 10 whom such labor or service may he due,
hc n gpnt Gr attorney. IA hereby eInuOSercu To seize or
arrest such fugitive from labor, and 10 take hun or her
before any Judge of the circuit or district courts OF the
&. S, residing or being within the State, or before any
magistrate Ola county, city or town corporate, wherein
such seizure or arrest shall be made, and upon proof, 10
| the satisfaction of such Judge or magistrate, ether by
oral testimony or affidavit, taken before and certified ~
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 ser
vice or labor TO the person claiming him or her, il shall
be the duty Of such Judge or magistrate 10 give a certi-
fcaie thereof 10 such claimant, his agent Or attorney,
which shall be Sufficient warrant for removing the SAID
fugitive from labor, to the State or Territory from which
he or she fled.
IS ]. That any person, who shall knowingly and
willingly obsiruct or hinder such claimant, his agent or
attorney, in so seizing or arrcst,ng such fugitive from
!abour, or shall rescue such fugitive from such claim.
ant, hs agent or attorney, when 50 arrested, pursuant
10 the authority herein gwen or declared or shall tar
bour or conceal such prrs"n, after notice, that he ar
she was n fugitive from labour, as aforesaid, shall, for
either of li. SAID offences, forfeit and pay the sum Of
FIVE hundred dollars. Which penalty may be recovered
hv and for the benefit Of such claimant, by action IL
debt, in any court, proper Ia try the same saving,
moreover, to the person claiming such labour or ser
vice, his right Of action FOR, or on account Of, the said
injuries, or either Of thein.-lApproved, February II,
1893.
1t wi!l he perceived, tina, Congress have provided in
the case of the fugitive slave, that the demand of the
owner may be made either before . any Judge Of the
circuit or district courts OF the l.. $, or before any
magistrate" Of the State where The arrest takes place;
and that in the case Of The fugitive from Justice, the de-
mand is 10 be made only on the executive authority of
The State 10 which he has fled. This act was passed
under the expectation that the State authorities would
no; hesitate 10 carry lis provisions into effect where Il
fugitive was properly demanded for any g felony or
other crime, within the purvIew Of the Constitution. IL
has been considered, however, that Il State officer is not
bound to execute 4 law Of Congress, though he NAV d.
so IL he thinks proper. While the Governor of New
York, therefore, was not bound 10 perform The duties n
Joined by this act, he has admitted lis obligation, and
only denied its application 10 this case. By ins!s.in z,
however, that he is not bound to surrender the fugitive,
unless The crime charged is known to the laws Of New
York, he has as effcctually defeated the operation oi
the act, as if he had denied lis obligation. The principle
that State officers are not bound TO execute any spcc'al
duty imposed Sc BY ,he 'a y =, o. G Sn,ag, IA r IS a, 'ta ii.c ~"
iudiciai and ministerial, III each oi the States, who as'
competent TO execute MI Laws made III pursuance q: The
Constitution. The Constitution requires, that the dc.
mand Of fugitive frcm lnst,cc, shall be made bY the
Executive authority Of the State whose laws have been
violate 4, but does not require that il shall he made on
any oiiccr Of the Stale TO which he has fled. The Ian.
ruagc Of the clauses of the Constitution, in reference
TO fugitiycs from justice and fugitive slaves, isesscntial-
ly the same. Tie only difference Is, that in the cn ST 81
the slave. il is provided that Gc shall not abe Gischa rged
from service or labor"-"m consequence o.! any law ~
regulation in the State 10 which he escapes. The
Governor of New York %imagincs that as these words
arc omitted in the provision concerning fugiiiscs from
Justice, their use IN the case ot the slave implies IN TIN:
case, Il power in the State Governments to defeat the
object of the Constitution By their own LAWS or Tesrla.
tiions. II such had been the object Of those who framed
the Constitution, il would not have been expressed with
out publishing a paradox. Ii the Governors idea IS
correct, the clause under consideration should have
been thus: "a person charged in any State With trea-
son, felony or other crime, who shall flee from justice
and he found in another State, shall, on demand Of the
executive authority Of the State from which he fled, hc
delivered up 10 be removed 10 the State having jurIsd.c-
ton Of the crime: "Prortdea the lars q ne STATE "htfe
he is Gonad, or tho Unirersai lars Of a. ririH>ed countries
do not forbid a.
The Constitution and the act Of 1898, both require
that the fugitive shall be delivered mp, and rs the Co
vernon Of New York has admitted that his duties are
prescribed by these, and not by the laws of his own
State, | am al a loss TO perceive where he derives tho
RICH, 10 decide that the fact charged is no crime within
the meaning of the Constitution, because It is not
known as snch 10 the laws Of his Stale. While il is
conceded that Congress could not compel the Govern
w ~ q toAdit, VI Ubl DtltI uliNtI, tAt1utt ls
Laws, suppose The act Of 1888 had given the alternative
Ola demand on a Federal Judge or on a Stale officer, in
this case Us well as in the other, docs the Governor Ct
New York contend that he would have been au,ho-
rized 10 prevent the surrender Of the fugitive BY the
ludgr- Ii has been decided by many of the State
courts, that claws or REGULATE ms" Of the States designed
to defeat or ohs,ruct the recovery ofu fugitive slave,
were unconstitutional The act Of the Me-: York
Legislature AT lis last session, TO which have advert
ed, entitled ian act 10 extend the righ, d trial hy
Jury, Is Of this character; and though 1t at,emp,s to
render the recovery Of i slave, except by lis singular
provisions, kidnapping, and punishable ay imprisnn-
mcnt in the Penllen,iary for ten years, ii is presumed
that the remedy "f the master is still complete before a
Judge Of the federal court. |. is worthy Of remark that
the words 's!all he delivered up are used in both
clauses Of the Constitution i'll ref renee 10 iugitiycs
from justice and runaway slaves. AS the Constitution
thus clearly provides for the surrender in both cases,
and does not point ont The mode in which it shall be
made IN either, IT cannot be doubted that Congress may
adopt such means as will be efieciual to carry their
na,,ar mt ,t.,,t