The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1842-03-15

The Supreme Court of the United States have
just decided question touching fugitive slaves
which must create some excitement in The public
mind. The case, as we understand il, is this a
female slave belonging 10 man in Marylan liv-
ing tho borders OFF ennsy lvana occupied house
Just over the line in The latter State and by he
owner suffered to live Tree woman; she
married free black and had chidren The heir OF
the property of her owner since his decease
ed her and her children, as slaves, and the claim
resisted by the State of Pennsy vania, under
law ofthat State, from which Prigg. the claim
appealed upon the question the constitution
ality Of Tho law, to the Supreme Court. The
points in the case made by the Court are as
follows
LIST. That The provision in the Constitution OF
tho Uuned States relative 10 fugitive slaves exc
cues itself so far as It authorizes the owner his
agent 10 seize the fugitive in any Of the Union
as property; and that State law is constitutional
which nterleres with such rights.
I'd. That this provision also contemplates legis-
lation by Congress TO make the delivery Of fIgi-
tive slave efiectual against all State other
interference.
Sd. That Congress having iegislated such legis-
Iaion is the supreme law o. the land, excluding
all State legislation upon the subject; and
with which legislation by Congress, no State can
pass any law TO qualify impede or control the
edy given by tho act of Congress.
4th. The power Of legislation by Congress is ex.
elusive; and no State pass any law TO carry
into effect the nstitutional provision in regard TO
fugitive slaves, even though Congress had rot leg.
slated upon the subject
9Th That the points thus decided are in no
manner intended 10 interfere with the police p0,ocr
of Tho States 10 take up runaway slaves and guard
against their misconduct or dcpredatioDs.
Thus opinion delivered by MIR Justice Story.
The Chief Justice and Mr.. Justice Daniel con-
CURED in the opinion that the Pennsy ivania law
was unconstitutional and void, and that no State
could pass any law, 10 impair impede the right
of :he owners Of fugitive slaves, conferred by
the Constitution and secured by the act of Con
gress; but they held that the States compe
tent 10 egisale with view to effectuale the rem
edY given by the act of Congress.
MIR. Justice Mclean also concurred as TO the un
constiluiionality Of the act Of the Pennsylvan
Legislature. He was Of opinion that Congress, in
this particular case had right confer the power
with which State officers were clothed by the act
of 1893 and held that the States were competent
to punish iniractons of that act by the owners of
fugitive slaves; as when, for example, the slave
was seized and carried away without procuring
the certificate Of the judges justices of the peace
which it requires.
Mr.. Justice Baldwin was Of opinion that the con
stitutonal provision required legislation but OK
ecu,ed itself; and that therefore the Of Congress
and The Pennsylvania law were both unconstu
tional
Mr.. Justice Wayne concurred with the majority
and recapituatng the points decided, ntmated ar
intention OF filing his opinion at length.
This case brought up to the Supreme Court
of the United States under the 25th Section Of the
Judiciary act of 1859, and the provision of spe
cial act of the Pennsylvania Legislature.
AS matter of course, the law of the State Of
Vermont in reference to fugitives, is by this opin
ion declared null and void.