Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-03-14
WATCHMAN g. STATE JOURNAL
MONDAY, MARCH Ia, Is42.
IMPORTANT DECISION BY THE U. S.
SUPREME COURT.

SUIhEME COURT.
In April 1885, Edward Prigg and Others was
indicted in York county Pennsylvania, under
law Of that state of 1926, for experimenting and
carrying TO The state Of Maryand negro woman,
claimed as a slave, with The intention to hold or
TO sell said person rs slave for life which, Gas
well as other like ofirnces by that statute, is made
felony, punishable by fine and imprsonmeni.-
Tie jury returned special verdict, fu,Ing tliut
the person unprecedented IA womaul had come in.
to Pennsylvania in ls32-lhat she was and had
long been, according TO the laws Of Maryland, II
slave in that siate-lIlat Frigg had been fully au-
ihorized by her master to apprehend the abscond-
ing slave, und did apprehcnd and carry her back
to Muryland-nnd praying the direction OF the
court us to the law of the ease. Upon this verdict
pro lorna Judgment was given against Prigg
which, being carried up, was sustained by The SUI
preme Cour of Pennsylvania From this court
an appeal was taken to the IT, S. Supreme Court
by commissioners Oft the state ofMuryland. The
judgment of the Supreme Court of the United
! States is that the net of The commonwealth of
Pennsylvania, upon which his cause is founded
is repugnant 10 The Constitution ohe United Siaies
and Therefore roE" OF course the decision OF
Pennsy lyaniu is reversed aud Prgg discharged.
For this statement of the case, and its decision,
we hive the authority Of the National Intelligent
Ger If this is MI, the decision amounts simply to
thls,-tlla state laws, making il felony to seize alb
scondlhg slaves for the purpose OF returning them
to their masters, are unconstitutional But we
have different statements of this decision or ra .
Their of the points raised aud decided in the case
among which is tho following in The Boston At
las, which is so hetlodcaIly and distinctly drawn
up rs TO give ii the appearance Of bring more au-
thenlic than any of ths other accounts:
| In the nmicahe suit between the Stues of Penn
| syvanla aud Maryland, relating TO the right of in.
dividual States to pass laws respecting fugitive
slaves, the Court yesterday decided the following
| points:
LIST. That the Constitution guarantees to the le-
| gal propIletOrs OF slaves The right of holding their
properly, secure from the Interference, either of
individuals or of external Safe governments.
ID. That the owner of slave has IA right TO
seize him wherever he can find him, within any
| State or territory OF the Union.
3D.. That his cnim, If resisted must be cstal-
lished in some one Of the Federal Courts; because
4th Neither Congress nor any State Legislature
| can give jurisdiction to State Court, or magis.
trale, in relation to fugitive slaves.
9th. That the power 10 legislnie in regard to f-
! gitiye slaves such is in Congress alone-thouyh
State may make Jaws for The regulation Of her
! own internal police which, if not conflicting
with law OF Congress, may affect incidentally
the rights Sc such figilives.
9Th. That the U. 5, law Of '93 is void so far
(only) it gives jurisdiction in such cases To the
| judicial authority of the several States.
The Chief Justices, ard Justices Daniels, and
! Il believe) CalroD, dissented from the opinion of
! the Court-believng that the Stales had iursdc-
al.
! & Judg Baldwin dissented on another ground,
more favorable to the rights OF the owner-in re-
| gard 10 the seizure and detention Of his slave
| If This he the decision, then the laws of Yer =
mont and every other state, giving to fugitive
slaves the right of trial by jury are nnnulled and
indeed we know not that amy state can protect
(esnien, If so he such shall he seized and lnlseiy
claimed as fugitive slaves As from this decision
there is no appeal, and as it sets forth that Con-
gress alone has power 10 legsIae upon this sub
ject, there is no course left but TO petition Con.
gress nj once 10 regulate proceedings in these cas
cs-securing in accordance with The spirit of The
CONSTITUTIONAL right OF trial by jnry,-and prorec-
ting ireemen Of color from being Kidnapped. Here
IS II fresh opportunity to bring the right of peii
ton INFO energetic service aud we doubt nos that
the people will Al onre avail themselves of il.
The decision of the court is basel upon that
cause in the Constitution which declares that
=" No person held 20 service or labor in one
state, under tile laws thereof escaping into anolh-
err shall in consequence Of any law or regulation
therein, be discharged from such service or labor
hut shall he delivered up Oh claim Of The party 10
whom such service or labor may be due"
From this it seems HAT only one question can
he presented in these cases, aud llint is n simple
gu, siion Of fact viZ.-Was or was not the person
claimed slave Ivy the laws Of The state from which
ho las escaped? It yea he must be given up ; if
nay, he is tree. simple question Of fact, invol-
wing nothing less thah The Liberty Of man, is OF all
others question for Jury. The federal cOnsti-
tuon guarantees n jury trial TO The vilest elon
that poutes the laui, and who will have the hardl-
hood to say, that this privilege shall he denied TO
him whose only fault, even in the eyes OF his
tasknInster il, that he wished to be flee?