Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1842-03-12
The slavery Decision,

BY the following summary of The points decided
Ivy the majority of the L. $. Supreme Court, in
the case of rrigg rs. Pennsylvania it appears that
the Court have not ruled the law Of Congress re.
gulstng the nigh, of reclamation unconstitutional,
hut only all the State Laws. The points made by
the Court follows:
LIST. That the provision in the Constitution of
the United States relative to fugitive slaves exc.
cues itself so far as it authorizes the owner or his
aeen,to sc'ze the fugitive in any state OF the uuion
property and that State law is constitution
al which ncrfcres with such rights.
2i. That this provision also contempatcs lrgs
lation by Congress to make the delivery of fug-
tive slave more etctua against oil State or other
intsrie cncc.
81 That Congress kavirg lcgislatcd, such lcsis.
laon i. the supreme law of the land excluding all
State legislation upon the same subject I; and with
which legislation by Congress, no State can pass
any law to qualify, nnpede OF contro the remedy
given by the act of Congress.
4th. The power of legislation by Congress is
exclusive aud no State can pass any law 10 carry
into effect the constitutional provision in regard to
fugitive slaves, even though Congress had not legs.
lated upon the subject.
9th. That The points thus decided a,e in no
manner intended to interfere with the police potctr
of the Safes to take up runaway slaves, and guard
against their misconduct depredations.
This opinion was delivered by Mr. Justice Story
The Chief Justice and Mr.. Justice Daniel con-
,ba ,ha
unconstitutional aud void and ths, no State
could pass any law to impair mprJe the right
of the owners Of fugitive slaves, conferred by the
Const tnion and secured by The act of Congress-
but they held that the States were competent TO
lesisate with view to eifec,ua,e the remedy Civ
en- by the act of Congress.
Mr.. Justice Mclean also concuned as TO the
unconstitutional of the act of the Pennsy lvana
Legislature. lie was of opinion that Congress, in
this particular rsc, had right to confer the power
with which State officers clothed by the act of
1898, and held that the States competent to
punish nfrac,ions of that act by the owners of fu.
citiye slaves when, for example, the slave was
seized and carried away without procuring the Ger.
Ifcae of the judges or justices OF the peace, which
it requires.
Mr.. Justice Baldwin was Of the opinion tina, the
constitutional provision required no legislation, but
executed ts'f; ard that therefore the ac, of Con-
gress aud The Pennsylvania law were both uncun-
siitutional.
Mr. Justice Wayne concuued with the majority,
and, rccapiulating the points decided initiated an
intention Of filing his opinion at length.
This brough, up to the Supreme Court
of the United States under the 25lh Section of the
judiciary of 1889 and the provision of special
act of the Pennsylvania Legislature, being he result
OF Regoiiition between Maryland and that State,
conducted hy ], Meredith, E'q, a commissioner of
Maryland.
| The case argued by Messrs. Meredith and Mel.
son for the State OF Maryland, aud by Mr. Hsmbly
and the Attorney General of Pennsylvania for that
! State.
POVERTY IN LIVERPOOL AND MANCHESTER.
/ The Journal of the Statistical Soc;ot, for