Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1846-12-04
judge EdmOndS'S Decision.

In the recent case in New York the fugi-
tive after being once discharged from the
custody of the captain, on the ground that he
had no authority 10 act as the agent of the
master, was seized again by virtue Of a sta.
tute of the State which enacts-
THAT whenever any person of color. ow-
ing labor or service in any other part Of the
United States, shall sccrete himself on board
Of a vessel lying in any port or ha5bor Of
such State, and shall be brought into this
Stnte in such vessel, the captain or comman-
der thereof shall seize such person of color
and tako him before the MAYOR or Recorder
Of the city Of New York. The officer before
whom such person shall he brought. shall in
quire into the circumstances, and if it appear,
upon proper testimony, that such person Of
color yves service or labor in any other State,
and that he did secrcte himself on board Of
such vessel without the knowledge or con-
sent Of the captain or commander thereof,
and that by so doing he subjected such cap
tain to any penalty, such officer shall furnish
a certificate thereof to such captain or com
mander, which shall he a sufficient warrant
to him TO carry or send such person Of color
to the port or place from which he was so
brought as aforesaid
Judge Edmonds decided this law 10 be
contrary to tho Constitution of the United
a. / DNtktos Ol VIC HlOulu Oi tue 1 IlHI CASE, W llltl
= decides that as by the Constitution Congress
. is vested with exclusive power over tn,
whole subject Of the reclamation of fugitive.
y from slavery, any similar power in the State
is prohibited by 4 necessary Implications
This decision makes an exception TO the gen
orality of its exclusion Of all State power, i
! favor of mere police regulations. The coui
= sci for the captain labored hard to make
Z appear that this New York statute fell with
= in the meaning of that phrase; but judy
Edmonds' reasoning on that point is perfect
ly satisfactory. He showed beyond an
> doubt that the object of the law was to pro
vide for the return of the slave to his master
and in that way, 10 save the master harmless
! from the penalties in the States from whicI
he might have escaped.
; The Constitution of the u. States secures {
: every person to whom another may owe labo
or service according to the laws of his State
, the right OF having that person, if he shoul,
' escape from the State in which ! it is owing
u delivered to him, Notwithstanding any law
! in the State TO which he may have fed
We claim that the only right Of Legislation
. on this subject, is in tho States by their origi
: nal sovereignty. The Constitution conferj
7 no exclusive right Of legislation any where
. upon Congress none at all. ltonly operates a
u a restriction upon the acknowledged sOve
ltlEl llZtk VI ~ EAG4'A.tA lco9N - 'A
II States and restricts it only SO far, as its eX
= ercise may tend to defeat the constitutions
=, right of the master TO secure the services 0
u a fugitive from labor or service due. Within
that limit the States have the exclusive RICH
DIT Of legislation and the question whether tn
'c statute of New York of 1917 is contrary t
the Constitution Of the United States, depend
v upon whether it transgresses this limit.
10 certainly was not intended 10. 1t is calcu
III laicd rather to strengthen the right of III
IL master, than 10 throw obstacles in his way
IS It was passed for his benefit, not for his del
- rimont.
Is But another question arises. Isl not COZ
g trary 10 the Constitution of The State Of Ne
DC York That instrument contains broa
s. guarantees Of persona! rights to every ind
he vidual. New York is a free State. Libert
n is the law OF the land. No slave can ext
40 upon her soil. Its touch dissolyes his chain
OF And its legislature have no power to chang
nc this. 1t is a part of the supreme and fond
t' mental law. 1T derives its existence and a
81 thoriiy from 4 power superior to the legisli
d turc; a power which created the legislator
and rave it all the authority il has. I'll
ne legislature has no power to limIt the right
ny liberty. Every attempt on ITS part to do
~ must be unayailing. Every law aiming
do il, is unconstitutional, contrary 10 the iuI
III daInental law Of the land. IL is on tn
he GROUND, that the law, under which the cal
nd lain Of the vessel undertook to secure Geor!
the Kirk, is null and void. Judge Edmon'
en- did not, as we have seen, put II upon tn
est ground. The position was not taken, hut
occurred to him, and he intimates his opin''
10 Of its sounducss. lie says
W." 1T may well be questioned whether,
~ this slave was brought into Tins state Ia
ICt1 manner not authorized by the Revised 81