The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-04
Important Deei.ion on the Fugitive Slave
Law.


We stated, tie other day, and expressed our
Qualification for the fact, tha; the Fugitive slave act
Of 1880 had been faithfully enforced by the judicial
ssh0Ti;ies Of tie ree States, and tina. its enforce
men: had teen generally acquiesccd in, except in
the case Of sbadraeh, IN Boston. We had not then
directed attention to the decision Of Judge Con-
lin. United States Judge Of the Western district Of
tbs state, in the case Of the fugitive slave Davis, on
writ of habcos c0rPus, which wa made on Saturday
last. discharging the fugitive, rho nmcda.sly fed
to Canada. In this case, II. X Smith, Esq United
States Conn issioner ct Buffalo had, after an i'm.
partial hearing, given certificate re handing The
fugitive slave 70 his master. There is no. shadow
OF doubt o. bis being fugitive slave, as claimed
This Point Is beyond dispute. Hence Davis lied %
Canada as soon a. Judge Conklin discharged him.
The ground o. ths discharge it, hat he escapod In
August 1850, and that the las. Fuzitive Slave las
was passed by Congress in September, 1850. The
argrmenl is, thai he Law Of Scpten5 Der does not ap
ply, and the rule to post .fcf0 enactnents IRE.
ftrring entirely 70 lawsrespecting cries is invoked
in the construction Of the act, though it appears
somsshs, novel recourse. Bu, the act Of i7l d not
repealed by the act q $50 The Supreme Court
Of the United state decided, in the case Of rrer,
tia, the cx,rsdli on clause Of the con IL 1ton re-
tia: Congress might enact laws giving federal
Judicial ether ohccrs, power 20 enforce the con
sti,Gtonsl obi CATIONS, and prescribing mole and
forms o'proceedins. Sc, ba. that Congress could
rot Gevolvo the duty On state, Judicial. o. other
occrt ard that state sgslation could not provide
Or restrict, or contrt ne remedy. The a.. 3f17p,
eScsf'ug he ciaasti authorizing state horitiss
& enforce 81. g. .i. if fab force The act Of sep
- 49, q
latter Cxrrcfl'y state. g to BE amerdatory ofthe
act Of l5b3 Toe constitution impcr4.istiy re-
quirct tbe fugitive claw. 30 be delivered 8p. The
woris arc
80 person Ls,s O. service ~ .b-r in one state uair
the isws tLsrsof escaping into snotner shall io cous
auenc. q aty w % o aiion therein be dt.chir-ei
claim Il the parry io she each service nbr NAY Re
due.
1t would seem to Be Ialpsble evasion Of The
constitution aEd indeed violation q IT, II the fat
of owing service or abor il proved anl the FAC, o.
the slave hasirg escaped II proved, Tor q judicial
cficcr 10 discharge hin. The Legislation q Con-
grsss csnnet fetto- Or restrict the constitutional
right Of the master No legislation Of Congress
should De 70 construed - 90 restrain embarrsgs
sosh night. The prOsision Of the constitution is
imperative and "a ID In cunt. The act Of 1913 aai
INC act % 100 both intended TO facilitate the
.h1ic. Hent Of that right not to cmbarrass or re-
~ " iNAiiy Toe confflf3fiOn9i pr0Flt n.
". we're ln AID q L.. The decision, as reported.
se.ise - ss 70 BE- an evasion Ct The act of I1g Of
Is,heI that pottion q Il stll unrcpealci aad le-
" sne sSircme Court n tue United -t8tss 4
~ " si,s'n tie Sgnslituti9n; and like rs3 an eva
slon oi ne "a Of $50. notoryusiy intcpied 4, he
cumulative TO the act Of l79 The eriiisisrs sb1yf
.ecnnles' lvfms snd paperf, and tue diseharro Of
the slave IN the face Of full proof Of IN. heinz = ~ ~
and fugitive, looks 20 quibbng away ths rs,a..
~ intended to be given in good faith bv ~, .,-1
promise acts. The south viii not D.. ltse.d v,ilh
A rraa n
laF. u the decision Of Judge Conkiin il adhered
20, fugitive slaves in this state who escaped prior "a
September, $50, have in effect fall immunity fer
they cannot be delivered up under the law Of that
month II arrested under il, Juigo Conklin viii \
not deliver them up under the act Of lig3 nor IN.
der The ccnstitufisnal obligation and pledge but
they vii be discharged, 80 as 10 enable them 70 run
~ suads. This dc.ision will. predict, arouse
and excite he south more than anything tina. has
eccprred We regret that !, bas occurred, ard 4
ssreeiaiIy that u was Dsde in New icrk