New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-28
Fugjtiyes from slavery.


The following important report was made to the
Senate Of this State on Tuesday, by Mr. Fine;
The judiciary Committee TO whom referred the
bill for the farther protection Of personal liberty beg
leave 10 report
That they have read ard considered the bill. 1t enscs
that Judge Magistrate hall take cognzsnce OF any
under the act Of Congress Of February H. 1s3 en
tied an act respecting persons escaping from the service
Of their masters That sheriff constable shall arrest
or detslR fugitive slave. And violation OF this act
shall subject the person offending 70 ne Of not less than
$500, than 81 ,o00 10 Imprisonment In the
county JAIL for term Of less than nor more than u
months.
The United Stats Supreme Court has determined, In
the case Of Riggs re- the Comm wealth 81 Pennsylvania
January Term 1892 (ls Peters 53e that under the Con
sttution Of slave is clothed with authority In
every State Of the Union. TO seize and recapture him.
The clause in the Constitution executes ITSELF and re-
quires no aid from legislation, State or National The
National Government, IA the absence Of all positive pro-
visions to the conuryis bound. through It's own proper
MISUNDERSTANDING executive or judicary-to carry
into effect all the rights aud duties posed upon by the
Constitution. The legislation Of Congress on this subject
supersedes all State legislation. and by implication pro
hbts IT, The power Of legislation in relation 10 fngye
from labor is exclusive In the National Legislature.
1t very clear 20 the Committee. from the above dec
sion which, being upon clause Of the Constitution Is Inc
supreme law Of the land that any and all Of the statutes
Of this state upon the subject Of fugitive slaves are unco
siuiional and void, and than blank paper
The question remains be considered, whether Con-
gress vest in the State magistrates sherhs and con-
stables power 20 execute the act Of 1893, as Is attempted
10 be by that act. This question has been deliberate
iy considered aud decided by the NewYork Supreme
Court in the Of the United States Lothrop. az
Johnsons Peports. Congress cannot vest any portion
Of judicial power Of the United States, except In
courts established by itself No part Of the criminal urs
dction OF tbs United States consistently with the
Constitution, be delegated 10 State tribunals.
Only in those where previous 10 the Constitution
state tribunals possessed jurisdiction independent Of ma
tional authority, they exercise concurrent Ju
rsdlcton As regards crimes and offences made so by
legislative enactment, The Government Of the United
States stands In the relation 10 the State Govern
ment as any foreign Government The act OF Congress
may reach offender but the State Courts cannot touch
hin. The Jurisdiction Of the State Courts Is excluded In
cases Of crimes and offences cognzabe under the auIhor
~ Of the United States and Il is not competent for Con-
gress 20 confer jurisdiction on State officers.
The Committee unanimously of opinion that as the
State Of New-York had jurisdiction the SUBJECT OF
fugitive slaves from other States previous to the formation
Of tho United States Constitution as the State Legss
ture prohibited from acting this subject and as Jus
tees. Shers and other State officers cannot legally ac
under the law Of Congress- II Is unnecessary 70 prohibit
them from doing so by statute
TIE common law is sufficient in Its civil and criminal
remedies 10 punish all State officers who interfere with
fugitive slaves The power Of reakng fugitive slaves IS
with the assisted by the United States judges and
NarshGls.