The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1851-03-12

provision Tor the safe keeping of prtaner,
committed under the authority Of The ltri,ed
o'aies. until permaneat provision shall be
hade ny law for that purpose and ihe so "a
marshal shall bP allowed his reasonabe.ex.
] penses, incurred for the above purposes Ia
oe PAID out OF the treasury Of The Uni,ed
States"
Aud resolution OF Congress, Of Mi%ln 3
I 1881, provides that where any State or
States, having complied with the recommeo.
oaiion oi Congress 10 the resolution Of The
twen'y.thlid day Of September, 1859 sha,
nave withdraw or shall hereafter Withdraw
either IN whole or in part, the use of their
lai's Tor prisoners committed under the a,l
iher'iy OF the Uoted States, the mafshal in
such State OF States, under the direction oC
The Judge OF the disiiici, shall be, and tere.
by Is, authorized and required to hire con.
Sehieh' pace TO serve as n Temporary ilil.
and TO make the necessary provision for HE
sale Keeping Of prisoners Committed usder
the authority ofthe United States until oer.
nanept provision shall be made BY law for
that purpose; and the said marshal shal. be
allowed his reasonable expenses incurred tor
tne above purposes, 10 be paid out Of the rea
sury Of this United States" These va0ous
provisions Of the law remain unrepeaIed.
By the law Of Massachusetts,, as thai law
stood before the act OF the Legrla'ufe Of
that State Of the fourth Of March, Is43 the
common'jails ia The respective counties sefe
10 be used tor the detention of any persons
detained or committed by the authority OF
The courts oG the Uniec Safes, as well a. by !
The courts and magistrates Of the State. But |
Ihesc provisions were abrogated and repeal.
ID By the act Of The Legislature Of Mass,chu
ietts, Of the 24lh Of March, le43.
That act declares that no Judge Of sn,
court o! record Of tins commonwealth, and
10 justice Of The peace, shall hereafter take
or grant certificate, Ia cases thai
nay H'iae urdef the third section or 40 ACT
i torgftss passed February -, 1893. and
nlnIed An act respecting fugiliyes from
1suce ard persons escaping from the ser .
ice OF theH masters TO any person who claims
ny oiher person ss fugitive slave wuhin t
he Jnflsdlcllon OF the Comiuonwealih." And
iutthet declares thar mo sheriff, deputy .
hefifi, cofoner, constable, j4ilor or other of Il
rres' or detaln or AID IN he arrest, or De b
'n'ion, or imprisonment IN any jail or other c
Dildiog belonging 10 this Commonwealth OF u
any county, CITY, or tu2n the roof of any 81
'rsou fot the rsbson that he is claimed as 81
g,tive slave" Z
And II further declares hat "sny Justice Il
the peace, sheriff, deputy sheriff, coroner, [
Unstable, or jator, Who shall offend sgninst s.
e prov I.iuns Of this law, BY in any way act. n
g directly or indirectly under the power u
inferred BY the third section Of the &c, of b.
ongtess aforementioned, shall forfeit sum ol
1 exceeding one thousand dollars for every CT
ch offence, for the use Of the county where e
ID offence Is committed, or shall be subject tn
imprisonment not exceeding one year 10 IN
e county jail. ire
TINS law, /, is obvious, had two objects: OF
3 frs, was to make it penal offence in all "
lcets end magistrates OF the commonwealth m
exercise he powers conferred on them by ,i'
? act ol Congress Of the l2lh of February dc
93, entitled, An ac. respecting fugi,ives hS
I'm justice, aud persons escaping from the N
rslce Of heir masters" ard " hich powers pc
ey were fully competent 20 perform up to az
Q time Of this Inhibition and penal enact. CO
'at; second, 10 refuse the use OF the ais 81
the Siate for he detention Of any person &c
lmed as a fugitive slave. vi
II IS deeply to be lsmented ,ha, The pnr M
sc Of these enactmeuts is quite apparent iot
was 10 prevent, as Ear as the Legislature Pr
the STATE could ptevent, the laws Of Con CO
sss, passed for the purpose of carrying in tr
effect that article OF The Constitution OF the w
lted States, which declares that +" no per. br'
, held to service or labor in ole State un. ca'
the laws thereof, escaping into auo.her, acl
III, 10 Consequence Of any law or regula. ms
n therein. be discharged from such service "
labor, but shall be delivered up on claim dot
The parry to whom such service or labor to
y be due" from being carried into effect. sIo
these acts Of State legislation, although tio
y may cause embarrassment and create 'ns
'ense, cannot derrogale either from the the
y or the authority of Congress TO carry hu,
fully and fairly the plain and imperative Tor
stilulionaI provision for the delivery Of u a
cons hound IN la hor in ma Stata and lee