The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-28

fAs A,tsn ~ !ashics slaea.
In the Senate this morning, Mr.. zine, from the
Commute on the Judiciary to which was refer
reds certain bill providing that no sheriff or con-
stable in this State shall detain or arrest fugi-
tive slave, made the following important report
against the passage of the bill.
The Judiciary COMMITTEES 20 whom was referred bill
entitled an act for the protection of personal liberty
beg leave to report that they have read and
take cornizsnos Of any case under the act Of Con-
gress OF February H. 1898 entitled, IAN act respecting
persons escaping from tho service OF their
gitive slave aud violation of this act shall the
person offending to nns of not less than nve
nor than thousand dollars or to imprisonment
In the county Jail for term of not less tnsn Six nor
more than twelve months
The United States Supreme Court has determined, In
the case Of Prigg W the Commonwealth Of Psnnsyva-
MIA January term, 1892 10 Peters $50 that under the
ry in evsry State of the Union to seizs and recspture
him The clause In the constitution executes ITSELF and
requires no aid from legislation State or nstons Ths
visions the contrary bound through It's own proper
departments Legislative executive rjudicary to carry
into effect all the rights and duties imposed upon It by
the constitution The legislation Of Congress this
subject supersedes all State legs aon and by irpoa
toD prohibits It, The Of legislation in relation
to fusves from labor is exclusive in the national legs
lature.
1t is very clear to the committee from the above dec
sion, which being upon clause Of the constitution, 10
the law Of the land that any and all OF the sta
tutes Of this State upon the subject fugitive slaves
are unconstitutional and void, and are no more than
blank paper.
The question remains to be considered, whether Con-
grees vest in the State magistrates and sheriff. and
consables to execute the act Of l192, as at
tempted to be done that act This question has been
deliberately considered and decided by tho New York
Supreme Court in the Of the United States La
throp. II Johnsons Reports 4. Congress cannot vest
portion Of the judicial power Of the United States
except in courts she'd by itself part Of the cr
mins Jurisdiction Of the United can consistently
with the constitution, be delegated to State tribunals
only in those where previous to the constitution
State tribunals possessed jurisdiction Independent OF
national authority, can they now exercise concur
rent Jurisdiction?
As regards crimes and offences, made by legislative
enactment the of the United States stands
In the relation to the State governments any
foreign the act Of Congress reach the
offender but the State courts cannot touch him The
Jurisdiction Of the State courts Is excluded In Of
crimes and offences equitable under the authority Of
the United States and 10 not competent for Congress
to confer jurisdiction on State officers
The committee unanimously Of opinion that the
State OF New York had jurisdiction the subject Of
fugitive slaves from other States previous to the forma
on Of the United States constitution and the State
Legislature is prohibited from acting this subject,
end judges sheriff. and other State officers cannot
legally act under the act Of Congress- 1t unnecessary
to prohibit them from doing 30 by statute The COM
mon law Is sufficient Ia Its civil aud criminal remedies
to punish all State officers who interfere with fugitive
slaves. The power Of retaking fugitive slaves Is with
the assisted by the United States judges and
shsls.