New-York tribune., 1842-03-05

=
is The PoET@ For sketch Of his 'ir8, Lee
turs. see Last Page.
Freedom ard slavery.
The Supreme Cour, Of the United States has
just pronounced the most important decision which
has proceeded from its bench for many years
perhaps ever In arising between Mary
land and Pcnns yvnnia it has declared that the
Right of Stakeholder TO capture secure and
return his fugitive Slave, under the wc-Nno,vn
clause of the Federal Constitution Is absolute and
nlable-that the Free States have no liscn
tion eXcrci>c.no protection against its abuse
IF we do no, misapprchend this decision, even
the taking . claimed fugitive before Justice and
identifying him to the satisfaction oi that functions
ary, is unnecessary and IDLE. The Shareholder
may take his slave wherever he may find II, with
out adjudication or appeal; and the citizens OF tbs.
Free States may or must aid him III doing.
bu, cannot question his assertion of property. AZ
any rate, al! laws securing TO the citizen of Free
State claimed as a slave Trial by jury all Free
Sta*, Legislation designed ioprcvcnt abuses OF the
shareholders Constitutional night of reclamation,
are hereby declared null and void, and the Trial
by Jury Law of this State. we'll as that of Penn
>ylvani;. is llcnccforl, dead letter. This Judge
mcnt wus pronounced by Justice Story of AIasSa-
chusetts, and concurrcd in by all the Judges
ceptJ Ohm NJ Lean of Ohio. Two three of the
Justices read separate opinions, varying somewhat
the grounds Of The decision, bulconcurring as we
understand, in all tllS conclusions above rccilcd.
This tremendous decision brings the great qucs-
ton of Freedom or Slavery home to all our doors.
There is not a man in the Free States who is not
Affected BY it--whose personal libcrty, is not inva
dcd and endangered byi, The Constitution knows
no distinction of white, bacli and intermediate
colorcd persons; says nothing expressly of slaves
it speaks only Of persons held to labor or service
IN one State escaping into another. Now if ne
gro may b. apprchcnded in this City and Carried
by mere force to Virginia, some one who claims
him as an cscape.i slave servant. then any Of
u,-tllcu Gov. Seward, Justice Thompson. or Jus
,cc Story, may be 50 taken. Where is the safe
guard against abuse! Where the protection 10
Frcemcn2 The State law ct 1910, cN,cndngzthe
Right of Trial by Jury to persons claimed as l,,-
sitvcs from labor or service, afforded such pro-
lection By tlat law STAKEHOLDER was required
To prove hls property ina man or woman claimed
by him, much as III horse monkey, Even
before the passage oi that law, Shareholder
always required 10 verify his legal RICH, before u
Justice OF the Pcacc, who approved it or set the
arrested person at liberty But this provso, if we
fully apprchend the decision. is now declared a
nuiity, we'll as the Trial BY Jury aud tile slave
holder is authorized to take his slave any where,
and without any process OF security Whatever
We need not add that this authority % take his
slave is practically authority 10 take whomevcr lie
may think or' claim to be such
This decision is the paramount, law c} the Iand
II must be respected and obcycd as such while
Slavery and the Union exist. unless modified hy
subsequent acts of Congress. Wcrcmark a propc-
sition in certain papers for countervaiiinS Amend
ment OF the Federal CONSTITUTIONS But this IS
manitestly inipraclicablc, 0nc-lalt the States are
Sayeholding. and Mil Of course agree TO nothing
OF the sort while lwo-.hirdS arc required to c,cc,
an amsndmen, II strikes us as the hes, that can
now be done that Congress should at once pass
some law defining and regulating this sweeping
right OF reclamation, and providing adequate penal
ties foi every manifest pcrycrsion OF the right
purposes OF Aidnapping or maleyolccc To such
action, intended merely to secure free citizens from
the grasp of the kidn,p ,sr, the >ou,=ougilt 10
make no objection
Il may be well here 10 add that the fact, involved
in the precise case pissed on BY tho Supreme Court
arc briefly these: Edward prigg, the legal ;,scn,
Of u Shareholder in Maryland Wen, into penn,v
vana and there upprchenied a negro woman Who
had been lyt many years resident. bar was. it's
understood originally and actually the fugitive
slave he was instructed to reclaim lIc took her
away by simple force {havins party TO aid hi,n.l
TO her ow1,ar in MARYLAND. Coming again INTO
Pennsylvania hcwa> arrested and convicted undc,
a law Of that State whicl, secures 10 a person
claimed as Slave the rsh, Of Trial BY Jury, ard
dcnounces the carrying OFT claimed fugitive With
OUT sUch trial asa pcn;cnla.y o.icncc This con
vict'on was airtnc,i=by ,hc Supreme Court OF
tennsy!Salia, but, an appeal being ;,kcn by Mary
land to the supreme Court OF th, United States.
the law OF fennsylVana undcr winch Pr:gg w;,s
convicted is declared rcppgnun, to the Federal
Constitution, therefore nul aud vo;d and Priss
entitled 10 his liberty