The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1851-03-05

- Gllll4 ucluf- AllE - ~ AlAE - tAEl-AAAN
az lhsi Slais, oflhs Io.nh II slaiFh is43.
The rammnn iails ia he respective eoun-
ties were 40 be used Tor The detention az
any persons deszined or eommiisd by The
suihorily OF The courts OF the United
States. - well a. BY the courts snd mag
isusies Of The, Stair. Bui these provisions
sere abrogsled and repealed By The act Of
The Legislature of Massachusetts Of Ihs
24ih Of March. l643.
That sel declares hat "a no Judge Of any
eouri ofrecord Of this Commonwealth. and
no justice Of The prser. shall hereafter
take eagn'sAnee az grsnt rerii6eaies in
eases lh4i nav arise under The third sec
lion Of an .rl of Congress passed February
liz. 1893. and rniisied !. An act rsspecling
fngiiives frnm jusiire. and persons esrzp-
ing frsun the sersire Of ilrir Masters" o.
any person who rlsims any other person
AZ fugitive slave within the jarisdieiion
OF the Cammanweal h." And 10 further
declares hat -no sheriff. drpniy sheriff.
rorousr. e,ns abb. jzilor. ar niher officer
ofthis Commensurate. shall hereafter ar
rest or drlzin. or aid 10 The arrest or de,rn,.
lion. or imprisonment in any Jail nr afher.
building brlonging 70 lhis Commonwealth.
or 10 any county. city. or town thereof. of
any person far the rra.on that lie 10 claim
ed as fugitive slave" And il further de-
clares thai "any jnslire nj the peace.
sheriff. deputy sherif. coroner. constable.
or jailor. who shall offend sgaInsi the pro-
visions Of this law. by IN any way acting
directly or indirectly under the power con-
fered by the third section Of The act OF
Congress aforementioned. shall forlrii
sum not exceeding one thousand dollars
Tor every such offence. Tor The uss Of the
county where said offence is rommii,ed.
or shall be suhjecs TO imprisomen, rot
exceeding one year in The county Jail.
This Law. il 10 obvious. had Two OBJ
jecis :',l,e frs, was 10 make j, penal Of
fence in I'LL differs an magistrates of The
Commqnwralihio exercise thu pnwerscon
ferred on sm by The sci OF Congress Of
the l2,h Of February. l793. entitled An
act respecting fugi,ives from justice. and
persons escsping from the seivire Of their
masters" and whirh powers. they were
fully competent 10 perfnrm up 10 the time
of this inhibition and penal enactment;
second. IN refuse The use Of The js.ls of
the State fr the detention or any person
claimed rs fugitive slave.
], is deeply 10 be lsmented that the pur.
pose Of these enacimenis is quite apparent.
Il was To prevent, as Ear ss the Legislature
ofthe Stale could prevent. the laws Of Con-
gress passed for The purpose Of carrying
INTO effect that article Of The Consii u,ion
Of the Uni'ed States which declares that
/. no person held 10 service or labor in one
State, under The laws thereof, escaping
into another. shall. in consequence Of any
Law or regulation therein, be discharged
from such service or labor. bui shall be
delivered up on claim Of the party To whom
such service OF labor may be due" from
being carried into effect. Bur these ACT.
Of State legislation. although they may
cause embarrassment and create expense
cannot derogaie either from the duty ol
the authority Of Congress TO carry out ful,
iy aud fairly The plain and imperative con,
siiiuiional provision, for the delivery ol
persons. bound 10 Labor in one State and
escaping into another. 10 the parry "a
whom such labor my be due.
| IL is quite clear thai. hy the resolution
of Congress Of third af March, 1921. III,
marshal Of The United States. in any Stat
in whi.h the use Of The jails Of the Stat
has been Withdrawn in whole or in par
I for the purpose Of the detention of persons
committed under the auihnrily Of th,
! United States. is MI only empowered
hui expressly required. under The direc
linn az the Judge Of The district. 10 hire
convenient place for the safe.keeping q
. prisoners commute d under authority Of III
United States. Il will be seen. from p:
4 pers accompanying this communication
o that the attention Of the marshal of Ma.
i sachusetis WAS distinctly called TO ih
= provision Of the law By letter from Oh
\ Secretary Of State Of the date of tlctobs
! 2Sih last. There IS no official infnrms
!. iion that The marshal has provided an
such place for the confinement of II
vi prisoners. II he has not. il il 10 be .,
III GREETED that this power was moi exercise
i hy the marshal, under The direction OF III
d district judge, Immediately ON the passas
!. Of the &C, Of the Legislature Of Massach,
II sei,s, Of The 9th March. 1913; and esp
o eially lha, j, was moi exercised ON the pa
sage Of The fugitive slave law Of the Ia
& session, or when the atlen,ion Of the ma
s shall was afterwards particularly drawn
e il.
% Il is true that the escape from the d,
J; putty marshals in this case was not own
q 10 the want Of a prison. or place Of col
q finempni. but still il is mol easy 10 s,
/ how the prisoner eoald have been safrl
and conveniently detained. during an a
b journment Of the hearing. for some dsy
e without, such place Of confinement. lf
). shall appear that N" such place has bee
! Obtained. directions TO The marshal will |
!. given 10 loso-no time in the discharge
N this tlutv.