Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-01-15

| remedies, is necessarily void. This question !
has not been before the court, and cannot be
decided in anticipation of future cases.
II has been urged that this act is void, as
| u subjects the delinquent to double pun
ishinent for single offence. But we thiuk
that neither the fact assumed in this propo.
sition, nor the inference from il, will be
| found to he correct. The ofenses for which
lhe fourth section of the act of the 18th of
| February, 1893, suiccts 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
contenlplates recapture and reclamation and
furnishes those who interfere with the mas-
ter in the exercise of his rights, first, by OBJ
strucling or hindering the claimant in his
endeavors to seize and arrest the iugilives
secondly, 10y rescuing the fugitive when ar
rested; and, thirdly, by harboring or conceal
| ing him after notice.
| Aud the act of Illinois, having for its OBJ
| ject the prevention Of the immigration of
such persons, Furnishes the harboring or Sc
| crciing negro slaves, whether domestic or
! foreign, and without regard TO the masters
desire either to reclaim or abandon theIn.-
| The fine imposed is not given TO the master,
as the party injured, but to the State, as a
| penalty for disobcdienco of its laws. And
! ii the fines inflicted by the act of Congress
| had been made recoverable by Indictment,
the offences, as stated in any one of the
counts of the bill before us, would not have
been supported by such an indictment.--
! Even the last count,whch charges the plain
tiff in error with unlawlhlly preventing
! G, d., the lawful owner from reiaking the
negro slave" as it docs not allege notice,
does not describe an offence punishable by
the oct of Congress.
But admitting that the plaintiff in error may
be liable to an action under the act of Cong
ress, for the same acts oi'harboring and prevet'
ing the owner from retaking lis slave, il does
not follow tia, he would be twice punished
for the same offence. An offence, IN its le-
! gal signilicalion, means the transgression of
a law. A man uuy bc compelled 10 make
reparalion in damages TO the injured party,
aud be liable also 10 punishment Tor II breach
OF the public peace, III consequence OF the
sane acl and may be said, in common par
| lance, 10 he twice punished for. the same
ofi1nce. Every citizen of the United States
/ Is also citizen of State or Territory. lie
may he said to owe allegiance to two sover-
eigns, and may be liable TO punishment for
an infiaction of the laws OF either The
same net may be an offence or iransgression
of the laws OF both. Thus rs assault upon
| the marshal of the United States and him
! derng him in the execution of legal process
| is big offence against tho United Stntes,
for which the perpetrator is liable TO punish
ment; aud the same act may also lie gross
! breach of the peace of the State, riot, as
saut, or u murder, and subject the same
| person to punishment under the State laws
| for msdomeanor or felony. That either
or both may III they see fit) punish such an
offender, cannot he doubted. Yet it cannot
DO truly averred that the offender has been
twice punished for the same offence, but
only by one uct he has committed two often
ces, for ench Of which he is justly punishable.
Tic could not plead the punishment in bar to
conviction by the other; consequently this
! Court has decided, in the case Fox rs. the
| S,nte Of Ohio, % Howard, 432,l that n State
may punish the offence of uttering or pass
! ing false coin us a cheat or fraud praciised
on It's ciIzens; aud in the case Of the United
States rs. Marigold, %. How, 500,) that Con-
| gress, in the proper exercise of its authority,
may punish the same act as an offence
! against the United States.
| II has been urged, in the argument in he
halt of the plaintiff in error, that an uilir-
nance Of the judgement in this case will
conflict with the decision Of this Court in
the case of Prigg rs. the Commonwealth of
Pennsylvania, (l6 Peters, 5l0) This we
think is n mistake.
The questions presented and decided in
that case differed entirely from those which
affect the present. Prigg, with full power
and authority from the owner had arrested
fugitive slave in Pennsylvania, and taken
her to her master in Maryland. For this lie
was indicted and convicted under n statute
of Pennsylvania making it u felony to take
or carry away any negro or mulatto for the
purpose of OBTAINING them az slaves.
The following questions were presented
by the case and decided by the Court:
| 1. That under and in virtue of the Con-
/ stiiuliOn of the United States the owner of
slave is clothed with entire authority, in
every State in the Union, to seize aud recap.
lure his slave wherever he can do it without
| illega! violence or breach of the peace.
2. That the Government is clothed with
appropriate authority and functions to ell
force the delivery on claim of the owner,
aud has properly exercised il in the act of
Congress Of the 18th February, 1893.
3. That any State law or regulation which
interrupts, impedes, limits, cmbarrnsscs, de-
lays, or postpones the rights of the owner
TO the immediate possession ofthe slave and
the immediate command of his service, is
void.
We have in this case assumed the correct
ness of these doctrines aud it will be found
that the ground on which this case is deci-
ded were fully recognized in that. awe
entertain," say the Court, (page 625,) "no
doubt whatsoever, thnt the States, in virtue
OF their general police power, possess full
jurisdiction to arrest and restrain runaway
slaves, and remove them from their borders,
and otherwise TO secure themselves against
the depredations aud evil example, as they
certainly may do in cases of idlers, vaga-
bonds, and paupers. The rights of the own
ers of fugitive slaves are in no Just sense in
teriered with or regulated by such course;
and in many cases the operations Of the po-
lice power, although destined essentially for
other purposes--ior the protection, safety,