The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-01-06
From the New York Times.
FUGITIVE SLAVE CASE,
Important Decision in the U. S. Supreme Cour,

Important Decision IN the U. S. Supreme Court
RICHARD ELLIS, Plaintiff in Error, VS.. THR PEopLl
OF THE STATE OF ILLIsors.--In Supreme Cour
OF the United Statcs.-Writ of Error to the Su
| preme Court of Illinois. Mr. CHAsR and Mr.. DIX
ON for plaintiffs, Mr. McDoUGALL for defendant il
in error Mr.. Justice GREER delivered the opin
| ion of the Court.
| The plaintiff in error was indicted and con
vcted under the criminal code of Illinois for
"harborng and secreting a negro slaven The
record was removed by writ Of error to the Su.
preme Court of that State; and it was there
contended, on behalf Of the plaintiff in error,
that the judgment and conviction should be re-
| versed, because the statute Of Illinois, upon
which the indictment was founded, is void, by
reason of its being in conflict with that article
of the Constitution OF the United States which
declares that no person held 10 labor or ser.
vice in one State, under the laws thereof CO.
Gaping into another, shall, in consequence OF
any law or regulation therein, be discharged
from such service or labor, but shall be deliv.
cred 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
on the same subject.
That this record presents case of which
this Court has jurisdiction under the twenty.
fifth section of the Judiciary act is not disputed
The statute Of Illinois, whose validity 10 call
ed in question, is contained in tho l49th Sec
ton of the criminal code, and 10 as follows
"lf any person shall harbor or secrete any ne
gro, mulatto, or person Of color, the same be-
ing slave or servant owing service or labor to
any other persons, whether they reside in this
State, or in any other State or Territory, or
district within the limits and under the iuris.
diction Of the United State, or shall in any
wise hinder or prevent the lawful owner or
owners Of such slaves or servants from reta-
king them in a lawful manner every such Der.
son 30 offending shall be deemed guilty of n
misdemeanor, and fined not exceeding i've hun
dred dollars, or imprisoned not exceeding six
months"
The bill of indictment framed under this
statute contains four counts. The first charges
that Richard Eells, a certain negro slave.
owing service to one e. D., of the State Of Mis-.
souri,, did unlawfolly ~erete contrary to the
form of the statute" &c.
2. That he harbored the same.
3. For unlawfully secreting o negro owing
labor in the State Of Missouri TO one G. ID.
which said negro had secretly fed from said
State and from said C. ID.
4. For unlawfully preventing C. D., the law
ful owner Of said slave, from retsking him in
lawful manner, by sccreting tho said negro,
contrary to tho form Of the statute, &c.
In view Of this section Of the criminal code
OF Illinois, and this indictment founded on it,
we are unable to discover anything that con.
fiics with the provisions Of the Constitution OF
the United States, or the legislation of Con.
gres on the subject Of fugtives from labor. Il
does not interfere In any manner with the
owner or claimant in the exercise of his right
TO arrest and re-capture his slave. II neither
interrupts, delays, or impedss tho right Of the
master 10 immediate possession. Il gives no
Immunity or protection ~ the fugitive against
the claim Of his master, II acts neither on the
master nor bis slave; on bis right or his RENE
dy. IL prescribes rule Of conduct for the cit
ixsns Of Illinois. II il but the exercise oil the
power which every State 10 admitted To pos.
sess, Of defining offences, and furnishing offences
against It's laws. The power 10 make munich
pal regulations for the restraint and punish