Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1842-03-23
Important Decision OF the Supreme Court
In relation to Fugitive Slaves.

Important Decision OF the Supreme Court
In relation to Fugitive Slaves.
The Supreme Court of the United
States has just made decision, which, con-
sidered In all its bearings, is Of more i'm
portance than any other which it has ever
made touching the subject of slavery. 1t
was on the great case between the states
of Maryland and Pennsylvania, as TO the
right of the latter state to punish any per-
soa who should carry away by violence,
any inhabitant of Pennsy lvania, on the
pretense OF being a slave. The law in
question was passed by the Legislature Of
Pennsylvania about the year 1888 on an
occasion Of an outrageous kidnapping of a
peaceable, free, colored man in The south
ern part Of the Stale, by persons from
Maryland, who falsely claimed him as
slave. The law Furnishes the crime of
kidnapping the free Inhabitants OF Penn
sylVanln, by fine and improvement.
The National Inteligeneer, enumerates
the points made by the Court as follows {:
-M0rnimg Star.
lst. That the provision in the Constitu-
ton of the q. States relative TO fugitive
slaves, executes itself so far as it authorizes
the owner or bis agent to seize the fugi-
tive in any Stale Of the Union as properly;
and that no State law is constitutional
which interleres with such rights.
I'd. That this provision also contem-
| plates Legislation by Congress to make the
! delivery Of fugitive slave more efectual
against ali State or other interference.
3d. That Congress having legislated,
such Legislation is the supreme law Of the
! land, excluding all State Legislation upon
the same subject and with which legis-
lation oy Congress, no State can pass any
law TO qualify, impede, or control, the
remedy given by the act of Congress-
4th. The power of legislation by Con
gress is exclusive; and no State can pass
any law to carry into effect the constiu-
tionaI provision in regard to fugitive
slaves, even though Congress had not
IegisIated upon the subject.
5th. Tha: the points thus decided ale in
10 manner intended to interfere with the
police pOe0er OF the States to take up run
away slaves, and guard against their mis-
conduct or depredations.
This opinion was delivered by Mr.. Just
ice Story.
The Chief Justice and MIR. Justice
Daniel concurred in the opinion that the
| Pennsylvania law was unconstitutional
and void, and that no Stale could pass any
law to impair or impede the right of the
owners Of fugitive slaves, as conferred by
the Constitution and secured by the act OF
Congress; but they held that the States
were competent to legislate with a view tc
effectuate the remedy given by the &C: o
Congress.
Mr.. Justice Mclean also concurred a:
to the unconstionality of the act of the
Pennsylvania legislature. He was O.
opinion that Congress, in this particular
case, had right to confer the power with
which State officers were clothed by the
act of 1898, and held that the States were
competent 20 punish infractions of that act
by the owners offugitive slaves as when
for example, the slave was seized and car
ried away without procuring the certif-
cate of the judges or justices of the peace
which it requires.
Mr.. Justice Baldwin was ofopinion thai
the constitutional provision required nc
legislation, but executed itself; and thai
therefore the act of Congress and the
Pennsylvania law were both unconstilu
tIonal
Mr.. Justice Wayne concurred with the
majority, and reca pitualing the points de-
cided, minated an intention OF filing his
opinion at length.
This case was brought up 10 the Sup
RENE Court Of the United States under the
25th section Of the judiciary act of 1889
and the provision of a special act of the
Pennsylvania Legislature, being the resul
Of a negotiation between Maryland anc
that State, conducted by J. Meredith, Esq
commissioner of Maryland.
The case was argued by Messrs. Mere
dith and Nelson for the State of Mary
land, and by MIR. Hambly and the Al
torney General Of Pennsylvania for lha
State.
In relation to this decision the Rosto
Courier says:
1.-The decision is one Of great import
ance TO the South, lnasmuch as it will en-
able every Shareholder to claim hi
slave wherever he may be found 1t i
: not without importance TO the North; 70
if STAKEHOLDER may claim aud hold hi
! slave property in any Of the States, we Sc
no reason why any man living in wha
are now called the free States may nc
. purchase and hold slaves in defiance of tn
. State constitution and laws. Does rot tn
decision, in fact, establish the constitution
= ! aIity of slavery in every State in III
Union? What prevents the preaer
) majority in Congress from making Mass
s. achusetts as much a slave State as S0nt
{ Carolina p
n HIGHLY IMPORTANT FROM TEXAs-lT
+. TRUE.