The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-08


1924 making the taking and carrying away by force and
violence any negro mslslio from any parts OF this
TO any other place OF places out OF this
Common wealth, with the design Of holding disposng
OF such negro mulatio AS = slave, felony
Moreover, the Sd section OF The scl OF 2oih March,
1921 while IL made the duty OF Judge, justice OF the
eace, or alderman issue his under his hand
and SEAL directed 10 the sheriff or any constable oil The
proper city or county on the application Of any person
OF his agent or attorney under OATH claiming any 4x'
live slave, that warrant only empowe the sheriff or
constable 10 take sach fugitive before Judge OF The
proper county, who, TO the exclusion OF justices and
aldermen. empowered 10 grant the certificate OF re-
moval which direct conflict with the Sd section
OF The act OF Congress OF 18th February, l793 which
expressly authorizes any Judge OF The circuit or dis
county city. OF too" corporate upon proof 20 his sats-
faction. 10 give certificate thereof TO nch claimant his
agent attorney, which shall be suthcIest warrant Tor
And the 9th section OF the act OF 25th March, 1926,
enacts that no alderman or justice OF the peace OF the
Commonwealth shall have Jurisdiction or take cognl,
OF the OF any fugitive IRON labor IRON any o.
the United States Territories, under certain act OF
Congress, passed the 18th OF February 1893, entitled
.seaa a r eseI he service Of their nor shall
any alderman or justice OF The peace OF THIS Common
wealth issue or grant any certificate or warrant OF re-
mova OF any such fugitive from labor aforesaid eIcep
the and 10 the effect prouidtd 10 me third sec
Of This act upon the application. affidavit, or esi-
mony OF any person or persons whatsoever UNDER ms
or oct of The Congress IF the U"sd States and then i'm
poses a penalty for the violation OF this section. Of
The justice being deemed ga'y q m h Ss IN
bred dollars and not exceeding one thousand dollars
direct and unequvocsl &C. Of notification be
found the statute books of South Carolina herself
Again. the 4,h section Of the act of 25th March, 1896,
provides that judge justice OF the peace or alderman
shall issue warrant on The application OF any agent or
Attorney provided in the 3D. seciiOn, unless the said
agent attorney shall, in addition To his own oath or
affirmation, produce the affidavit Of the claimant OF the
fugitive. taken before and certified BY justice Of the
peace or other magistrate authorized 10 administer oahs
the State Territory in which such claimant shall re-
side and accompanied by the certificate of the authority
of such justice or other magistrate TO administer oatbs
-igned BY the clerk prothonoary, and authenticated
ty The seal OF court OF record in such Slate or Terrific
~, which affidavit shall state said claimants title 70 the
service of such fugitive. and also the and de-
scption oil the person of such fugtve while the act of
Congress Of l2h February 1898, empowers the CLAIM
his agent or attorney 70 take such fugitive before
any indge the circuit district court OF the United
the State, or before any magistrate OF county,
city, corporate without warrants and upon proof
The satisfaction OF such judge magistrate, either by
oral TESTIMONY affidavit, that such fugitive does
service or labor the certificate Is thareupon granted Civ.
the authority 10 the agent or attorney To the
Claimant himself, and not requiring the agent attorney
make almost his entire before warrant
issued al all AS was provided by the act OF assembly OF
25ln March. 1896.
That act in the sense decided by the Supreme Court
Of the United States in the OF Prgg is of that class
OF Stale laws regulations which interrupt, limit, delay
or postpone The nights OF the owner 10 The immediate
command of the service or labor Of his eave and there
fore operates to that extent as discharge OF the slave
hererom.
The aCt oil assembly oil Zoh N1aCn, 1876, comes
in contci, in several important particulars, with the act
OF Congress of IAN February 1888 Tue act OF Con-
grss authorizes the claimant TO aires, The fugitive with
rant-the act OF assembly referred TO lired
terms The act OF Congress admiIs the
oath oil The owner or his agent In proof OF his cianthe
Psnnsy wanna law excluded both, and required the tesl
mony o Indifferent persons The act Vi Congress pro-
the claimant unnecessary delay and expense
the PeDnsy wanna law authorize delay upon The sugg.s-
uon OF the fugitive, and ourdened tue claimant with adi'-
uonal costs. The ac OF Congress imposes penalty tor
ob-trucng or hndeng the claimant IN The prosecution
and enforcement OF his rghs-our act gave hun no re-
dress
The only point. therefore. decided BY the Supreme
Court in The OF prlgg, from this statement
the facts, was the OF the ac OF the
Pennsy legislature Of 23th March, 1916 and the
balance OF the opinion OF Judge story, whether State
bound to carry into effect The act OF Con-
gres~ OF 18th February, 1885, or whether they may be
prob bed from DONG by the States, 10 clearly extra
judicial, and not the opinion OF majnrty OF the court
The Supreme Court at the time OF the delivery Of that
opinion, consisted OF the following niue judges Chei
Justice fancy, and his Story Ihomps Me
Lean, Baldwin, Wayne C4lron, Mckinley, and Daniel.
Inc opinion OF Judge So,y. that The power o saton
reference to fugves from labor Is exclusively in The
nalionsl government, was expressly dlsssned from in
elaborate arguments by Chief Justice fancy and Justices
Thompson and Daniel. Justice Baldwin stated briefly
that he concurr,d with the court IN reversing the jung
ment OF the supreme court OF Pennsy wanna on the
ground that the scl Of the legislature was unconstu-
lional but he dssen,ed from the principles laid down
| by the the basis OF their opinion. He
Gersood TO entertain The opinion that legislation by Con-
gress unnecessary, the constitutional provision
gave the OF fugitive slaves all the rights OF
se and removal which legislation could give; but
that legislation became necessary BY Congress, was
exclusive and was imperative and binding upon the local
authorities the States aud the States themselves jus
uce Waynes argument would be directed against
the States leg sa,ng upon the subject, unless II 10
aid by ministerial acs The projection OF the owners
right 10 his isgve slave, and such legislation iugi
lives may be strictly OF police character Justice
Mclean, although he denied the right OF the States 10
the subject arrives nj the conclusion that
wnle general principle, Congress cannot impose du
ties Stale ofcers yet In Cases oil fugtves from labor
and from justice they have the power 10 do so. nc
| Peters, Cos
Thus we find tina, six out OF the nine judges OF the
Supreme Court who decided the case of prxg are
unanimously of the opinion thst the States have no
power TO p,ot,ba their officers from aiding in the
execution OF the provision oil the constitution relation
TO ugitves from labor and the OF Congress based
upon that provision, but that such is lmpe and
binding upon them, the paramount law oil The land
and that they in duty bound TO carry that law into
effect in good faith.
The constitution OF the United States ia the paramount
law OF every Slate, and u cannot be- therefore, thai
State s prohibited IRON aiding The master his
slave, when the very oblec, of that law enforce his
right Neither be that any State has the power
alter abrosate that right which thus recognised by
the paramount law. II there be right there must be
remedy and bold that every State bound to protect
right of property Acknowledged by its paramount
law, and that law regulation passed By such State
impeding obsrucng that right, Is absolute nuIy
Chief Justice fancy, in the Case OF Prgg says; No
Stale is authorized 10 pass any law that conflict
any respect with The remedy provided by Congress-
nc Peters 625J Again he says According the op,n
ion lust delivered The State authorities are prohibed
iron interfering Tor the purpose OF protecting the right OF
hs mas nd of