The Yazoo City Whig and political register. (Yazoo City, Miss.) 1842-1844, 1843-11-10

Such postponements are allowed as the case
may require. In case of postponement, on
The part of the claimant, for any length of 4
time, security is demanded from him. All
the costs Of The case, which are heavy, and
which are specially prescribed by the law,
fall on the claimant. He pays the per diem
Of The Judges, jury, and constable, who are |
thus authorized 10 interfere with his con-
stitutional rights. He is liable TO indict- /
meDt, if he proceeds contrary TO the law,
and in order to prevent any judge or jus |
tiee from obcying the constitution, by any |
possible chance, the penalties of fine Of |
two thousand dollars and imprisonment in
the peniientiary are imposed upon any off
Ger, who shall grant certificate, except in
pursuance of the State law.
In the winter of l64l and lS42, the Su-
preme Court Of the United States had be-
fore them the whole question Of the consti-
Itutonality of State laws, relating to the re-
covery of fugiliyes from labor. The case
was that Of Prigg Us. the State Of Pennsyl-
vania, reported in the 18th volume of Peters
Reports, p. $50. 1t arose upon the provi-
sions Of Pennsylvania statute, almost ex-
acily similar TO that of New Jersey, and
nearly contsmporaneous, in its enactment
The exalted tribunal, after most able and
elaborats argument, decided, unanimously,
that the Pennsylvania statute was unconsti-
tutional; and that any other statute, which
should conflict, in any way, with the consti-
tutional provision and the actof Congress,
would be null and void. Phe majority of
the court moreover, by the mouth of Judge
Story, delivering the Courts opinion, went
further, and decided, that all legislation on
the subject is exclusively in Congress-that
any and all State laws, affecting the recove-
Try of fugitives, in any shape, which have
been passed since the organization of ths
Movement, have been, and are null and
Veid--and that any State officer, interfering
7by or through any State law, or by color
thereof, is and will be wrong door, and Ii
able 10 the penalties imposed by the act Of
f Congress. They further decided that the
slave owner has right to arrest and take
t away his slave wherever he may find him,
without recourse to any tribunal whatever.
, but that if he should Fecur to any tribunal
/ the act of Congress of 1893 furnishes the
f only authority and guidance by which such
tribunal shall be governed, ali State laws tc
] the contrary notwithstanding. Judge Bald
win, Of the Supreme Court had previously
decided, upon his circuit, 10 case reportes
in the first volume Of Baldwin's Reports, D
i57l, that the STAKEHOLDER had right to ar.
rest his slave, wherever he might find him
) that he and bis agents had right to use al
| necessary force to remove the slave; tina
! he and his agents had right to beer arms
/ and 'tO use them" in defence of their pei
Y sons, or TO protect the slave property fror
9 aggression. This case is referred to, wit
e appreciation, in the case Of Prigg before
n mentioned.
IS Such being the law, as laid down by il
most elevated exponents, the New Jerse
o statute Is and was obviously null and voiC
If land my rights weres of course, grossly viz
is lated, blythe delay and expense incurred
the postponement of the case. and the issl
q ing of the Uenire for jury. In the mea
TO time, the following paragraph, obvious
IS tending to excitement, if not designed
4. | produce 1t. appeared in the Trenton Gazette
= ".4rrest of CoEored Man on Charge
being SLaUe.--A negro named Jem, wi
has been in Princeton several wears, and
y quite a faUorite Of he people, was arrested q
- Friday by the high sheriff of Baltimore, as
e fugitive slave. He was committed to Il
% county jail, to wait his examination fer VIII,
~ subpoenas have been issued"
9, On the lst Of August, tho court met a
e cording TO adjournment and ms counsel {
~ =. Hagerlnan, Esq, Of Princeton, and
3 Teackle aElis, Esq, Of Baltimore, NOV,
le to quash the eenire, in order that The ca
us might be decided BY the justice himss
u, without the rick ard expense Of q jury, 4
rs cording to1he act Of Congress. The poi
=, was fully argued b my caunsel-the de,
~ sion Of the Supreme Court Of the u Stat
m produced and referred TO, bearing upon
ne face, demonsirationso Of the utter unconstil
TOT tioualitY of the proceeding then on foot; b
theNeW Jersey statute was commended
ne by the counsel 81 he slave, l1Nm. c. Ale
10 ander, Esq, Of Prinreton,) and The just,
~ without assigning reasons, decided
gainst me, thus VirtuallEs placing the "a
US ofnleW Jersey above Cd Constitutional
lro- Union, and bis own judicial capacity d
t q higher elevation than that of the Suprel
by Tribunal Of the land Tbs case was q
lch Submitted 70 ! jurg Tho Identity Of !
ad, slave was proven 81 NJ. Wickes, Of II
ioT county, Maryland, and BIZ my son, who
u known ] im since his infancy. The case ]
'th- $50 clearly proven. that Col. Alexander,
oes counsel If the negro, did not pretend IS 5
aail up IN his behalf, no evidence OF aus
re having been adduced by the defence, 10
- lbat the overwhelming testimony, which