Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-01
DECISION ORA FUGITIVE SLAVE CASE IN THE
UNITED STATES SUPREME COURT

Richard Ee plaintiff in error vs. The People of The State
q lHmos. In Supreme Court Of the United States
Writ OF error TO the supreme court of Illinois Mr.
CHASE and Mr.. Dixon, for plaintiffs; Mr. McDouoALL.
for defendant in
Mr.. Justice GRIER delivered the opinion of the
Court as follows:
The plaintiff in error was indicted and convicted under
the criminal code Of Illinois for harborng and secrenr
negro slave" The record was removed by writ of err
ror TO the Supreme Court Of that State and 1t was there
commended on behalf Of the plaintiff in error that the
Judgment and conviction should be reversed because the
statute Of Illinois upon which the indictment was found
ed is void by Of its being in conflict with that
ce OF the Constitution Of the United States which de-
cares that no person held to labor or service In one
state, under the laws thereof escaping into another
in consequence Of any law or regulation therein be
discharged from such service labor but shall be de-
vered up on claim of the party to whom such labor may
be DUE And also because said statute is in conflict With
the act Of Congress the same subject.
That this record presents of which this court has
jurisdiction under the twenty section Of the Judiciary
act is not disputed
The statute Of Illinois, whose validity is called in ques
on is contained in the l49h section Of the criminal code
and is as follows:
any person shall harbor or secrce any negro muato
or person Of color the being slave owing
service or labor TO any other persons whether they reside
this State or in other State Territory district with
in the limits and under the jurisdiction Of the United States
or shall In anywise hinder prevent the lawful owner or
owners Of such slaves or servants from retakng them in
guilty Of misdemeanor, and fined exceeding Ave hun
dred dollars, or imprisoned not exceeding SIX months"
The bill Of indictment framed under this statute con.
tains four counts The first charges that Richard Eels
certain negro slave owing service TO c. D. Of the
State OF Missouri did unlawfuy seee contrary to the
form of the statute" &C.
2. That he horbored the same
D. For unlawfuy secreting negro owing labor in the
State Of Missouri to O. d. which said negro had Sc
crety fed from said State and from said G. d.
A. For unlawfuly preventing c. D., the lawful owner
Of said slave from reaking him in lawful manner by
secreng the said negro contrary to the form of the
statute, &c.
In view Of this section Of the criminal code OF Illinois
and this indictment founded on IT, are unable to dis
cover any thing that conflicts with the provisions Of the
Constitution Of the United States the legislation Of
Congress on the subject Of fugves from labor II does
not interfere in any manner with the claimant
in the exercise Of his right to arrest and recapture his
slave Hnether interrupts delays mpedes the right
OF the master TO immediate possession 1t gives no immu
nifty or protection to the fugitive against the claim OF his
master IL acts neither the master his slave an
his right or his remedy II sscribes rule Of conduct
Tor the citizens Of nnos IL bat the exercise of be
power which avery State Is admitted TO possess Of dem
ing oences and punshfhg offences sgsinstits laws The
power 70 make municipal regnla for The 6S
punishment Of crime Or the preservation Of hehsaM and