Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-03-07
Imp Orfant decision In m, Sup,,n, c.,

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particular account OF this important decision. Tie
most Important, practical effect of il is, ,ha, tho Jn,v
Law OF New York is pronounced unconstitutional.
As Tho decision was written by JUDGE Story. md
on this point, tho Court was unanimous We pre-
sumo the New York Legislature will forthwith re-.
peal that Law.
tiih MARYLAND AND PENNSYLVANIA
CASE.
We made, in our last, brief s,atomen, of the
mann points oil this important case, recently decided
Ivy the Supreme Cont of tho United Stnt,s No
gre indebted Ia leaned Member of the Bar for the
following more Particular statement Of the indie
ment OF the Count, mud also OF the Separate Op,n
IONS OF the Judges, than we from our own KNOWLEDGE
were able to furnish - NAT. Int.
Clee Irfss rs me Cpgoa,r sahh If Pe1.nsyirl,,in.
The points decided Ivy a majority Of the Count
'''
lst That the provision in the Constitution Of IA,
United States relative to fugitive slaves execute,
II ell - 1T as TO author p the owner or his ngent To
s'i@e the iusuVe IN any State Of the Union rs pso-
porty; and lhatno Stale Law Is constitutional which
intcrieTos nth such RIGHT.
~. That THIS provision also contemplaes leeisla
ton 10y Cooefess, TO make the delivery OF fugitive
Save more elcctuai against all State or other in,er.
ference. r
81 That Congress having losislated such leeieS
lton IS the supreme law ui the lard. cNomiino all
state legislation upon the same subject and NH,
winch legislation 10y Congress, TO State en- pass
gwen by the act Of Congress.
4'h' The power oi legislation 10y Congress is OK o.
elusive, ana 40 State can pass any law TO cary
INTO effect the constitutional provision IN regard 10
"n'e slaves even though Congress had not lesis-
lated upon the subject.
9Th. That tie points thus decided nre in no man.
ner intended 20 interfere with the police poicer ot
thG Siatc' To take up runaway slaves, nnl guard
| against their misconduct and depTcdationr.
IhiJ opinion was delivered by MIR Justice Story.
Ihc Chief Justice and Mr. Justice Daniel concur.
red IN the opinion that the Pennsylvania law was
unconstitutional and void, and that Stae could
pass any law To impair or impede the right oi tho
owners OF tdSihve slaves as conferred by the Con
sutution and secured by the act of Congress: but
they he!u thHt the States competent To SLATE
with a view to eh ecuale tho remedy given hy the
| act oI Congress-
Mr Justice Mclean also conourred rs TO the un
consututlonnlty Of the OF the Pennsylvania e
gisnture- lie was OF opinion that Congress- ia this
particular case, had right 10 confer the powe.
win winch State officers were clothed by the act
o! IDS, and held that the States were comue;cn tn
ouni,h nlrlclios OF that act by the owners of ru-
sitIve slave; as when, for example, the slave was
seized and CARED away withOut procuring the GER
Ihcac @! The Justices OF lie peace, which it requires
Mr. Justice Baldwin was Of opinion that tho con
suuiional provision required no legislation but OK.
ecuied iseii and that therefore the act OF Congress
and The Pennsylvania law were both unconstitu-
tiona.
MIR Justice Wayne concurrod with the majority.
and, recaptuaing tie points decided intmaIed an
| Intention Of filing his opinion at length.
rms case was brought up To the Supreme Court
OF ihe oricd States under the 25th section of the
Judiciary Of 1889 and the proy!sion of sprcia
act Of tho Pennsylvania Legislature, being the re-
suit ct negotiation between Maryland aud that
State, conducted by J. Meredith, Esq. rs Commits
sioner Of Maryland.
The cause was argued by Mcssrs. Meredith, and
Nelson for the State of Maryland, and hy MIR,
lIlmbly and the Attorney General Of PennsvivA-
MIA Tor that State.