New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-22

scts are records Of other Stats that power Il coss
n the Federal Government TO enforce 4.
Is tbs So The fundamental lay declares that eit;,
Of esch State shsl b. -nsed 10 S the right ssd ,zS
ties Of the eifiseps Of the several Safes UosnA,s
Cora may leg'sls'e upon these provisional
There are various esb-s provisions Of this ds.cvox
No trrnsge cues shall De laid articles irn.,,-ssS
Stste into another. The St>tes cor csS. :, 10
ties coin no money, canno, m&ks anything Ia, ,ois -
silver "l-gsl tender csn pass no expoa facss ia,
in pairing the a BIZ. S'iors Of contracts AZ
These are all prohihtion- Of po~er 10 the s,,,s.
Docs il follow that because thsrs is 10 exnrsss
in The organic lsw for The exercise OF power a,
jscts that exists Ia All these r,nsS; 40
yicec. In of infrsction BY the States vr ~ Wv
nay ~ tale from the state Cour, % tns Suprens 10Y
Of the United States sh-rs laws cont ctng win r. Sas
stnIion Will be declared Noid Il would be sasv.. !.
there sanction The provsan upon hi. -, "
cult Of all qsescps-s question 50 ably and sxts,,n-
discussed ~ the time the Constitution framed e.
very thsn existed 10 about half the Ssafes BG,, -
s6Opisn 90 that instrument slaves had been rec,,,,..
various Way, IN many instances by comfy IN ,h--
uBobsiruct-d force There existed virtual practical
prc mise before the written oompromi.- OF the &C.,
fior. But difficulties hsd srsen, snd therefore th;. ~
vison. ~
Nor can there be 3 doubt thar the term psr.,,, hr
service or labor sPphe- principally 10 persona h-a -
slaves Madison while asserting 20 the prosf.ior 49,.
repugnanf 70 bis senfmtLibe did not wish the ics, ~
could hello property IN another recognized IN ~
organic law If his G. sn'ry
THIS has been termed an er p1rfs proceeding Ites
tsniy il not Had the counsel for Query oeea Ar A.
state that they expected 10 prove his r-edom sho,S
promptly have granted continuance TO afford ample tina
tor TIE collection OF such proof.
occup, ina the oice OF judge, hate no r;sA<
here 70 Indulge my sths II would have been sra
iSing TO hsv- found that the defendant free ma IA
,d slave because such result graft, % h
whose feelings are opposed slavery in the sb,tr,ct m
such it is the stern duty Of the Judge to use mn
III oroiusry canton.
II wss urged against the constuti)nalty Of tho swsS
1898 snd 1850 that the, denied the rht OF trial by jury
II i my opinion, bs-' lpOn my judicial experience th
trial by jury would net decrease the uu nbsr Of renk
tiers Of persons escaped from service or labor In ~
psispce that call to mind decided anti slavery a.,
upon Jury in Involving III. liberty OF esc,pes
slaves. Bu he consdersd the soemnity Of his oath IA
support the law and thu restitution aud he agreed Va
hs brethren 20 give yeroic 81 damages against the Dr.
soDs through whoe instrumentSiy tn slaves had esc.
This is final decision TO tho liberty of the Al
{. ndspt The question IS strictly whether he ga,
service labor Ia the claimant but this decision will h
q bar 20 the question the hhert, OF the man n
ma, be- sold hs condition may be wretched but the faaN
IS not Nth the Judiciary
IL principle universally admitted that law nav b~
in part corstiiuora ana ia other part void and that
,gsof ~ be given to those portions which contu.
opa do not by this wish Ia Intimate that sny part az
the Laws Of 90 snd so in conflict with the org nc law
ltusy oct improper for here suggest tha, thars
part Of the law Of 50 thai does not b. right
u uDc erstood. The clsuss slo~ng $40 O. the Comm,
scner in case The certificate IN. master ana
certificate given ws. ihnk intended mere
" penssts that officer the writing which
be considerable and not covered by the sun Of
ISL H. of the statement Of the and the
cerutcf'e. Sitting Judge If the Supreme Court and
not ~ Con mi-sor.r may properly make this remark
Tbeaws OF 1893 and 1850 ard this case are clearly
viii in the provi-,,n of m. Constitution
| An THIREFORs, BoUsD 10 REMAND THE FuGIrBE 70
ELS NssrER.
Amer this decision MIR Jcis moved for writ Of cerSs
ar 70 the SUPREME curt Ii
The Court ssid there could bs appeal from the Do
rision a Judge o. tho Supreme Court Of the Uni@
States made Chambers. The point had, b. w.s QUIZ
ertAr, been decided bs the Supreme G urt Hs wa VII
rg hosever 10 give any reasonable tune for counsel 10
ale The question
Al The suggestion of m. Court Il fnsy arranged
hat The claim an, Mr. Miller should enter into bond To-
GEO. ctoned upon his returning ucQderry TO thu
Ssis in Il sb ud be- decided that the case oosld ~
TAX 10 the Supreme Court
The conclusion of his Argument Mr. Ware stated thu
Sir Miller would aneipste his slave tor t1s sun q
300 and donate $50 himself 10 a nDd for that purpose
Or he would take the sppoi-em NJ of cisireseste parties
81 LsIr a'or.
Mr. Miller Arb 90 that he wiling 10 give bonds
IN the o. $50 0o0 that he would produce the slave q
ls s's. IN writ Of certiorsr sllosed By the
>u rom. Court.
WSsbr g'on McQueuy then delivered up TO he
'l-,msnt by the Deputy Marshal and, without hind
aIce medication, ia,medirely conveyed The
Df 10 river I'D lodged tho COvDg'on jail whers he vii
until HE owner il resdy 10 proceed to his hone
There COED deal Of rejoicing in Covngtoa ovs
b. I. rGinsiion II the trisl