Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-05-22

10 Tue point We are az hlutotEh bt tooh hiBhti
ground in other respects than the majority of tn,
Judges:
81 do not speak of slaves whom their masters
voluntarily take into a non slaveholding state
That case is not before as. speak of The case
proridcd for in The Constitution that is to say,
The case q n fugitire sdue, who has escaped from
The syuicc Of his master, and who has taken ref
nge aud IS found in another State. lie Peters,
62S.
The case" provided for in the Constitution,
therefore, is that of a .fgtire siauc.
Again, says the Chief Justice
"The prohibition lof the Constitution upon
the States extends 10 os, lars only irhch violate
the right intended 10 be scared" l6 Peters go.
What was that "right;" We answer in the
words Of the Chief Justice again:
ale the MASTER has a right poaceably, to
take possession Of him his Stare and carry him
away, without any warrant, &c and whoever
obstructs hun is a wrong doer.--l6 Peitrs 626.
Every state law which requires the master,
against his consent, to go before state tribunal
or officer, before he can take possession Of his
property; or which authorizes a state officer to
interfere with him, tcten he IS peoccqbty remou-
ing Il lhis property from He stale, is unconsttu-
tional and void."-- rs Peters 627.
II is not to be doubted that Chief Justice Ia
ney is here speaking simply Of the ascertained,
settled, and therefore absolute legal right Of
the master over his property. He certainly does
not mean to say that master can rotake his own
slave who is not fugitive for that, he has alrea-
dy sad was mot the case before" him. nor "the
case provided for in the Constitution" Neither
can I've be speaking Of mere pretended claim
Of slavery against freeman; nor of claim
even against a fugitive slave, which is not made
by his master or agent None of these are seas
es provided for in the Constitution" none Of
them come within the constitutional conditions
specified by Judge Wayne; none of these come
within the intent and meaning Of the Constitu-
ton as settled by 1le Court Let 1t be remem-
bered, then, as the settled law Of the land, that
The States are mol restrained by the Constitution
from protecting, by any lawful means,
|. Freemen, falsely claimed as slavcs
?. Slaves, brought into the free States by their
masters.
3. Fugitive slaves, who are claimed by any
body except their masters, or the masters agents.
4. Slaves, who have come into the free states
by any means, other than as .hgitycs-for in
stance, slaves brought by national vessel -
Such cases do not come within the conditions
named by Judge Wayne. In Massachusetts it
has been decided that such are free.-C Com. VS..
.quiS. Is Pickering Com. vs.. Fitzgerald, Lac
Rep. $40.
We claim it as settled law, therefore, estab-
lished hy the highest judicial authority, that all
these cases were not contemplated IN the Consti-
tuition. The language in that instrument is spe-
cdc, plain, unmstakable, susceptible of no pos
sible misconsiidction and the jurisdiction Of
Congress Is limited to tins specific purpose; it is
eroiusirc and binding upon the States only for
tiis specific purpose. To this point we again
quote article 10 of the Amendments to the Con-
s,ituton;
"'rhe powers no, delegated to the United
States by the Constitution, nor prohibited by 1t
to the States, are reSerued to the States, respec-
lively, OF TO the people"
Now, we think it cannot be snid that Con-
gress derives exclusive power to legslate, and
the federal courts have exclusive jurisdiction
over all persons charged or claimed as fugitive
slaves, from Sec of Article 3 which declares
that 'tllo Judicial power Cof the us shall extend
to oil cases in law and equity ari, under this
Constitution" Manfestly this clause is Itself
limited, by its very terms, to the sole purpose of
carrying out judlcially, powers granted elso,chere
in the Constitution. If in the specific grant las
for instance in the case before Us, clause 3 OF
sec. A. a certain "case" Is clearly defined the
judicial power is limited to that. Congress has
exclusive jurisdiction, when that case is made out,
0nd 80 have the federal courts; bit not until
then. The second section Of article is declar-
atory indeed, Of the Jurisdiction of the federal
courts; but II u also a restriction of that jurs-
diction TO cases arising under the constitution
and laws of the United States. When 6tgitire
slave is arrested, the case provided for has ars-
en-, and the Constitution and the laws of Con
gress must be obeyed. If it be shown that the
case provided for has not arisen,--in other words
that the person arrested is not a fugitive slave
lthe very question to be ascertained on habeas
corpus then there is end ofthe matter, unless
prosecuted farther by writ of error to the U. S.
Supreme Court. We doubt whether that tribu-
nal would or could try any questions other than
that Of the right of the state 10 nterpose in this
mode for the protection Of its citizens, and the
decisions Of the state court on points of law to
which the appellant may take exceptions.
To return to the Supreme Court in the case Of
Prgg. Persons who are in the habit Of arguing
that the mere claim of slave-hunter against a
freeman strips the state of all It's power and alb
solves it from all obligations to protect the
liberty Of its citizens, will perhaps be surprised
To learn that even MASTER claiming his own
fugitive slave, has but limited right after all as
against the States.
The Court held in the case of Prigg that the
rendition even of fugitive slave-the very case
provided for in the Constitution-cou not be
permitted, if the case involved any collision with
the peiioe yssrer Of the states:
ave entertain no doubt whatsoever, that the
states, in virtue of their general police power.
possess full jurisdiction To arrest aud restrain
runaway slaves, and remove them from their Dor
ders, sc. The rights of The owners of fugitive
slaves are IN no Just sense inierfered with, OF
regulated by such course."-lG Peters ti25.
Neither are the rights of the owners Of fugi-
tive slaves " in any just sense nterfered with" by
preventing them from taking off persons who do
L..l.. ~.