The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-05
LAW Inlrlllxenca.

IsroRrASr SLAvE DEcIsIoN-sUPssns CoURr or H.
LIsen-Er PsRrr THonSroS = The process, BY virtue
Of which the prisoner arrested asd is nov de-
tanned Issued under III. provision OF the th
ton Of the seventy fourth chapter o. Revised Statutes
The manifest object OF that section IL t. facilitate the
rscapture Of fugitive slaves, found sfhin the limits
OF this State. All Of its provisions point TO such
State, without csrtiicats OF freedom, is pre-
sumsd 70 be runaway slave and may be
srrsst.a and put into jail 80 such The She
rn IL then to advertise him six weeks ia Newspaper,
giving particular description OF his person. At
ter the expiration of that term he Is t. b. hired
from month to month Tor one year unless tn-
shail appear and reclaim him. reward Is given to
the person arrestibg him, which, tog-thsr with all
costs and charges Tire owner n. required 20
pay The owner s permitted 10 receive tbs hre Of the
negro after pay ment Of ell expenses The person
iestipg him declared TO be entitled to suy reSsrt
that the may have offered tor his apprehension
IL if evident from hare Inspection Of ire sectioD
that It's role dssign 10 10 aid the la reclaim ns
visions this feeton statas,
a. early - 1919 and TEEN 10 be dictated by propsy
regard to the rights Of citizens Of other states SIN
are ccustrsDed to them ~hoy in0pef alive
The constitution Of the United States decl.r.s that
mo person held 60 service labor IN stats. under
the laws thereof escaping into snoth-s, shall In
qusnce OF lav reputation therein be di~chsrs-d
from such labor services; but SHALL be delivered up
on claim Of the party to whom snch service labor
congress egslstng 10 pursuance II the provision Of
the constitut,n by thesc, OF the 12h February I7e3
prsfcribsd the mode by which the master mar rstaks
and remove bs ssye found la another stats aud i'm
posed penalties against those obstrucng him In pur-
The supreme Court II the United states In the case
Of frifgs vs. the Common wealth q rsansy iysnis,
10 Peters tps decided that all state legislation intend
ed either Ca impede asstst the Into
81 his fugitive slave, null and yod the grouni
that the legislation 81 Congress the subject vas
exclusive story Justice In delivering the op nioo of
the Court fAdIf this b. 40 thepst would cen upon,
just principles q consrusiou, that thu sgisi1o Of
tonRrsrs constitutional must sup~rssds all 3tsts
leeflstitn upon the subject; aud b. nscsssary
Implication prohibit ~. Fer. n Congress nave q
siiiuiopk power % Tegulste partieusr sabject and
they do actually regulate n In given msanss aud in
certain form cannot be that the state i-xsst ures
have q right 70 fntsgfsrr, aad u ny vay q
couplm.nt 20 the Legislation 81 Congress prescribe
aiditiorai regulation. ard shat they may DEEM svxi-
nary pro,fiCrt ftr the saee purpp-s sucn ease,
the l.siatiop % Ccugress In what ~ does prescribe
nsrsy poicsie. tlat II d1es not 10 eud .nere ,h al
be airy further Lgislsncn - act upon the subject
mstt.r" Tarey Chief Iu-tice sho did 20; sgr-s
Nth the majority ~ The Cour. on thu question
married." But a. ! Understand the opiotou % tho
Court goes further. and decides thst the l~.r 20
provide rsms dy for 40. right vested sreit.frvty
In Congress: ard that al aT UPON M suhj.ct passed
BY State, zines the al fton q the cpu-t,t1sa q
TIE United states ate null and vuid .lfh uish
they uers INTENDED IN good sh q protect ne arrtr
IN TIE sxsrcie 81 has right 81 aud % cda
hict W any aeErte oi'h th~ ace q congress
Wayne. Justice. La separate optnioa sail = II vas
decided ny the Court, that the gossr 81 lefiststn
by congress upon the provision g. exclusive ana that
no STATE can ass sry Law n remedy upoa ,as
Jet, vf.thsr Congrsss had OF had Eot legiaia,si
upsnun
That decision Ia conclusive 81 the invsidtg of this
oton q cur statute 10 is vi bscau- u a.s1mss 20
lssisste upon q suhi-1' matter rhich Sonsress
has exclusive jurisa, tin 10 folovs thst the arrert
a. the prisoner wthoGt satbogiy u Las, aad ne
must be discharged from custody.