The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-12-28
- M ~
FtoA tke Ns,o Kerk Times.
Fu1tttve glave Case.

htch0y0 E<Hs, ST0snstD 80 Error, vs. Ihe People IF
( Me Sfate-9f IUinOis.-In Supreme Court ofthe
! United Siates.-Writ of Error 10 the supreme
court of Illnois. Mr. chase and Mr., DIxoE,
I for plaintiffs; Mr.. MoDouoALL, for defendant in
error Mr.. Justice GaIER delivered the opinion
Of the Court. 'st, $500; -. ~.
The plaintiff in error was indicted and convicted
under the criminal code Of Illinois for ''hnrboring
and score ing negro siave.' The record WINS re-
moved by writ Of TO the supreme court Of that
STATE; aud II was there commended, on behalf Of the
plaintiff in error, that the judgment and convic-
ton should be reversed, because the statute Of II
lnois, upon which the indictment was founded 10
void, by reason OF its being in coOfict with that
article Of the Constitution Of the United States
service in one State, under the laws thereof,
gaping into another. shall, in consequence OF any
law or regulation therein, be discharged from such
service or labor, but shall be delivered up claim
Of the party to whom such labor may be due"
And. also, because said statute 10 in conflict with
the act Of Congress ON the same su bject. aEea
That this record presents q case Of which this
court has jorisdicion under the twenty fifth sec
ton of the Judiciary act, Is not disputed. ~
The statute OF Illinois, whose validity is called
in question: ia contained in the l49th section of the
criminal code, and il as follows: eff any person
shall harbor or secrete any negro, muiatto or per-
owing service or labor TO any other persons, whe
Their they reside in this State or in any other State
or Territory, or district, within the limits and un
der the jurisdiction of the United States, or shall
owners Of such slaves OF servants from retakng
them, in lawful manner, every such person so
offending shall be deemed guilty Of a misdemean-
or, and fined not exceeding five hundred dollars.
or Imprisoned not exceeding six months"
The bill of indictment framed under this statute
contains four counts The first charges that
Richard Eells, q certain negro slave owing ser.
vice to one G. D., Of the State Of Missouri, did
lawfully sscrete contrary to the form OF the sta.
tute," SC.
2. That he harborsd the same. ........ 81
3. For unlawfully secreting negro owing labor
In the State Of Missouri to ono C. D., which said
negro bad secretly fled from said State and from
4. For unlawfully preventing G. D., the lawful
owner Of said slave, from retaking him in u lawful
manner, by secreting the said negro, contrary to
the form OF the statute, sc. a. ,.. -.
In view of this section of the criminal code {
Illinois, and this indictment founded on It, we
unable to discover any thing that conflicts with
the provisions OF the Constitution Of the United
States the legislation of Congress on the sub
ject of iugtives from labor. 1t does not interfere
in any manner with the owner or claimant in the
exercise Of his right to arrest and recapture his
slave. 1t neither interrupts, delays, or impedcs
the right of the master to immediate possession 1t
gives no immunity or protection to the fugitive
agRinst tho claim Of his master. Ii acts neither
on the master nor his slave; on his right or his
remedy. It Presc RIDES a rule of conduct for tho
citizens Of Illinois 1t is but the exercise Of the
power which every State is admitted to possess, OF
defining offences and Furnishing offences against
its lave. The power to make municipal regula-
tions for the restraint and punishment Of crime,
for the preservation of the health and morals of her
citizens and Of the public peace, has never been
surrendered by the States. or restrained by the
Constitution Of the United States In tn exercise
Of this power, which has been denominated the
police power, State has right to make it penal
offence to introduce paupers, criminals, or fugi-
tive slaves within their borders, and punish those
who thwart this policy by harboring, concealing,
or secreting such persons. Some of the States
rrnin wi tole bave
found it necessary to protect themselves against
the influx either Of liberated fugitive slaves and
TO repel from their soil population likely to be-
come burdensome and injurious, either as pauperS
or criminals. 90. " '... 49,
Experience has shown, also, that the results of
such conduct that prohibited by the statute in
question not only to demoralize their citizens
who live in daily and open disregard OF the duties
imposed upon them by the Constitution and laws,
but 10 destroy the harmony and kind feelings
which should exist between citizens of this Union.
to create border feuds and bitter anmosities, and
to cause breaches Of the peace, violent assaults,
riots, and murder. No one can deny or doubt the
right of State to- defend itself against evils of
such magnitude, and punish those who perversely
persist in conduct which promotes them
AZ this statute does not impede the master in the
exercise OF bis rights, so neither does 1t interfere
TO aid assist him. II . State, id the exercise Of
its legitimate powers inpromoton OF its policy Of
indirectly benefit the master of fugitive, no one
has a right 10 complain that II has. thus far at
least, fulfilled duty assumed or imposed by it's
compact as a member Of the Union. -,
But though we are OF opinion that such ia the
character, policy and intention of the statute in
question, and that for this reason alone the power
Of the State to make and enforce such law can
not be doubted, yet we would not wish it to be in
ferred, by any implication from what we have said,
that any legislation Of State 10 aid and assist the
claimant, and which does not directly or indirectly
delay, impede or Illustrate the reclamation of
fugitive, or interfere with the claimant in the pro-
SNf o0fhn n anrrlx
This question has not been before the court, and
cannot be decided in anticipation of future
1t has been urged that this act ia void, il sub
jects the delinquent to d double punishment for q
single offence: But we think that neither the TACT
assumed in this proposition, nor the influence from
it, will be found to be correct The offences for
which the fourth section of the act of 18th Fcbrua
~, 1898, subjects the delinquent TO fine Of five
hundred dollars, are different in many respects
from those defined by the statute Of Illinois. The
act Of Congress contemplntes recapturc and recla-
nation, and furnishes those Who interfere with the
master in the exercise Of this rght--frst, by OBJ
structing or hindering the claimant in bis endea-
vors to seize and arrest the ugtves; secondly, by
r. scuing the fugitive when arrested; and, thirdly
by harboring or concealing him after notice.
But the act of Illinois, having for its object the
prevention OF the immigration Of such persons,
Furnishes the harboring or secreting negro slaves,
whether domestic or foreign, and without regard
to the masters desire either to reclaim aba ndun
them. The fne imposed is not given TO the mas
Ter, as Inc party injured, Dut 10 the state, D
penalty for disobedience of its laws. And if the
line inflicted by the act of Congress had been made
recoverable by indictment, tbo> offence, as stated
in any one Of the counts Of Inc bill before us,
would not have supported such an indictment.
Even the last count, which charges the plaintiff
in error with ~"uniawfully preventing C. d., tho
lawful owner, from retaking the negro slave,' as
it does not alege notice, does no, describe an Of
fence punishable by the act Of Congress.
But admitting thatthe plaintiff in error may DO
liabeto an action under the act of Congress- for
the same acts of harborng and preventing the
owner from retaking his slave, it does not follow
that he would be twice punished for the same
offence. An offence, in It's legal Specification,
means the transg ression OF a law. a man may be
compelled to make PREPARATION in damages to the
injured party, and be liable also to punishrnent for
a breach OF the public peace, in consequence OF
the same act; and may be said, in common par
lance, to be twice punished for the same offence.
Every citizen Of the United States ID also q CHI.
zen OF State or Territory lie may b. said 10
owe allegiance to two sover, igns, and may he liza.
BILE 10 punishment for infraclion OF the laws Of
either. The same act may be an offence or trans.
erosion oil the laws of both. Thus an assault
upon the marshal Of the United States and hin
derng him in the execution, of legal proccs.
in n hph offence against the United Stain, "a.