New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-02-10
For The Tribune
nr. Fine's Report respecting Pugifire Slaves.

The Report made by the Chairman Of the Jqdj.
cisry Committee Of the Ner-York Senate. sgsin,,
the bill prohibiting State officers from siding In the
capture Of fugitive Slaves is very extraordinary
one. The premises are sound the conclusion f-,,,
them . most lame and impotent"
Mr. Fine correctly maintains that the State has
no power to pass laws facilitating the capture Of
such ugitives and that the act Of Congress- reoQir
ing State officers 70 aid in their capture i. mil
and void Hence be draws the sage conclusion
that If any officer in New-York does asss, in the
capture he acts illegally. and may be punished At
common law and therefore a statute forbidding of
GERS 10 aid the STAKEHOLDER is unuecessorv : Mr.
Fine offers no authority 10 show the present de
gdny OF such conduct on the part Of State officer
and refers 10 no instance in which an officer has
ever been punished at common law for such an
offence IL s matter Of notoriety that throu ghout
the Union, from the organization OF the Federal
Government down 70 the present dav. State oficers
except where prohibited by statute have with per
iect imPunity, acted as the agents OF Shareholders
IN arresting and imprsOnng alleged fugitive Slaves
1t Is scarcely year since the Mayor Of this City.
win his Police was engaged in a Slave hunt in our
streets. II the Shareholder as Mr. Fine admits
has authority 20 seize his Slave in New-York il
follows as a matter Of course that he NAV delegate
that authority 10 others employ agents 10 assist
him IN its exercise. Any State officer NAV lawfully
DO any act not incompatible with his Office which q
privatectlzen may do. unless prohibited BY statute
Mr.. Fine assigns no reason why constable A
sheriff. or mayor, may not act az the agent Of a
Shareholder, In doing what his principal has legal
rght 70 DO. NO less than six OF our State Leesla-
lures have passed laws forbidding their State off.
GERS from acting as agents for Shareholders in catch
ing their Slaves. Such laws are unquestionaby
Constitutional since every State has perfect rigbt
TO control its own officers. Mr.. Fine admits the
power OF the Legislature to pass such laws, and
admit their proprety, but contends that they are
unnecessary because the common law has already
provided for the punishment Of officers who act rs
agents Tor the Shareholders, a discovery which no
lawyer, which no court had ever made The bust
ness Of Slave-catching is Justly odous in our com
munity, and by very many, regarded as highly i'm.
moral Such business is degrading to official
dignity. and when exercised BIZ men connected with
our tribunals tends 10 excite disgust and contempt
Tor the administration OF justice. Hence it is that
our Legislatures are, one after another making it
high misdemeanor for State officers to participate
10 the capture Of Slaves, and the Convention Of
Wisconsin are now considering the expediency Of
Incorporating such prohibition in the Constitution
Of the State.
The decision Of the Supreme Court giving the
Slaver older right to seize and carry away ms
Slave without legal process renders farther legisa
ton necessary for the protection of personal ber.
ty. The right 70 seize rests upon the validity Of
the title OF the claimant. l. no inquiry may be
made into this tit ., then any stranger may come
INTO our streets ana seize and carry sway 10 the
slave market, any man, woman child he may
think proper. Hence, liberty. humanity. Justice
and religion all unite IN invoking the immediate
interposition Of the Legislature, 10 compel Slave
holder to establish his ownership to the prey he
has seized, before he shall be permitted to appro-
pirate II 20 his own use. Mos. earnestly is it to be
hoped that the Legislature will not only pass the
bill objected TO by Mr.. FINE, bat another also to
prevent the decision Of the Supreme Court from
ahording protection to kidnappers A. b.
JdnuarB % ls5g