Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1848-05-24

and that, therefore, the States had no
authority TO legislate one way or the 9TH
er on the subject-that is, either to pros
vide for the delivery of fugative, or 10
impair The rights oflhe citizens Of slave
holding States in a remedy afforded by
by the laws of the Union. The court
decided that the power of legislation
being exclusive in Congress, could not,
for any purpose, be curren, in the States.
consequences of the decision could not
have been forcseen; and inferrcnccs
have been dawn from it by most ofthe
non-slavcholding State, certainly re-
pugnant to The diff of The decision, and
in violation of the spirit oflhe constilu-
ton, and in opposition 10 ancient usage
and contcmporaneous construction.
The views which were taken by
Chief Justice Taney, evince he cilcH '-
spcclion and wisdom of a grt consli-
,u,ional magistrate. The views Which
the trainers of the construction had ta-
ken, and which seemed to have been
confirmed by mutual unders:a nding Of
the States for many years
The Chief justice concurred with the
court entirely in all that was said in
relation to Illc right of the master, by
virtue of The Sd clause of the Cd section
Of 4 h art. ofthe constitution 10 ARE st
his slave in any State wherein he might
find him; and in pronouncing the law
of Pennsylvania, under which Prigg
was indicated, unconstitutional and
void. His reasons for this opinion are
strikingIy put. He docs not regard lany
other question as necessarily involved
in the case, so far as it regarded the in
nocence or guilt of the party charged -
nor do the committee.
The court did, however, go on 10 say
and perhaps 10 dccicde, that the power
to provide remedy for the master was
exclusively vested in Congress; and
that all laws uyon the subject, passed. by
the States since. the adoption ,fthe con-
slitulion, are null ad void; even although
they were intended, in good faith, to
protect the owner in the exercises of his
rights Of property, and do not in any
way conflict with the act of Congress.
So far from maintaining that the States
are prohibited from interfering by !egis.
lation TO protect aud aid The master, the
leaned chief justice says; ''They are
moi prohibi cd; but, on the contrary, il
is enjoined upon them, as duty, 10
protect and support the owner when he
is endeayoring 10 obtain possession Of
his property found within their rcspec-
tive territories" 1t does seem to the
committee, that this view of the matter
is una nswerable. The Argument so a.
bly, sustained summed up in one SEN
tence: "The States are, in express
terms, forbidden to make any regulation
to impair the masters right; but
there the prohibition stops" Justices
Thompson and Daniel, in well sustained
judgments, eoncurred with the chief
justice. Judge Thompson said he had
filled his opinion principally to quad
against the conclusion ''shat, by my ST.
lence, | assent to the doctrine that all
Legislation on the subject rested exclu-
sivcly in Congress, and that all State
in The absence Of any law
of Congress-, is unconstitutional and
void" Several Of the non -s!avcholdine
States, those TO the east and north cs-
pccially, have, since the above decision
was made, which, was made, in 1912,
shaped their legislation in such a man
uer as to repeal all State laws in
favor of Il master in pursuit Of his fugi>
live slave, holding such laws as uncon.
stitulional, and as dead letter on the
statue book. And these States, or many
Of them, have gone much further, and
nave passed laws making penal for
hc judicial and ministerial officers to
interfere or give aid in the apprehea-
sion and delivery Of IA fugitive slave 10 his
owner. Instead ofbcing fricuds uudcr
he constitution to afford active aid in
he deIiverp, they have dcviscc asys,em
hostile legislation 10 deprive him Of aid.
instead of bciug allies to discharge an
obligation imposed on them, they have
'ccome hostile opponents to defeat it.
Let these laws speak for themselves.
The following ara the la rs OF Massa>
lusells and Rhode Island. Having an
IDENTIFY of design, they use the same
anguagc:
Sec. !. No judge of any court ofrccord
n this State, and no justice Of the peace,
ball hereafter take cognizance or grant
certificate in cases that may arise unpcr
he third section of the acI of Congress,
asscd February II, 1893, and entitled
An act respecting fugilIves from justice,
nd persons escaping from The service Of
heir masters" to any person who claims
ny other person as a lusative Slave within
nc Jurisdiction Of tho Slate.
Sec. 2. No sheriff, deputy sheriff. coro.
CT, constable, jailor or other officer of The
tate, shall hereafter arrest or delain, or
id in The arrest or detection or imprison-
lent, in any Jail or oIher building belong
le 10 The S'ate, or 10 any county, ciiy, or