New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-02-27
IHE LEW OUTRAGE.


Of personal freedom. The bill in aid Of this
law, which pssssd the Senate on Friday last,
ana to bich we alluded yesterday, is insended to
cripple ct further toe State Judiciary by com
pul.ory transfer Of their Jurisdiction in an i'm
portrait ca,s Of civil suite, to toe Judicial branch
Of the Federal Government. The title of the
bill, as we estber from The Congregational Globe,
is h pIote., officers and other persons acting
under the authority Of the United States, but
it's provisions, as stated in the same paper, ex-
tend far be, ond its title. 1t provides
IF a civil suit be commenced pending in any
State Court against any officer Of the United States
Or other pteon for or on account OF ahy act zone m
Der civ lav Of the United Sts,es, or uader cofor
fStrfof or for or on dcc0Vr OF any rigM, 0nfhorrE
cq,m or tile SCI mp By such officer or othr person ec
mr. IN AID n such L6c,r aRdeT any lar o. me CHHed
States EMO the defendant shsl al the nst Term OF
such State Cot after the passage Of this at, or a.
the frat TEN oftuch State COurl after such sut shs
be comm enCed file petition for the remos AZ OF ths
cduse for tial into the next Circuit Court to be held
in the district whore the sult IL peodng or II there DC
CfCu: Court in such district, thea to Tue Distcl
Count inv es'ed with the powers OF Circuit COut next
10 be held in that district aud offer good and su ent
surety for lis entering in suoh Court, on the hrst day
of il etssicr copies Of the process against bm, ana
also FOR his there appearing and entering special bail
in the Cause il special bail was originally requieite
therein II shall be he duty NJ TIE Stae Coi % dccfP
he sigcfy and proceed no frtr an the cause aud any
bail that may have been taken ia to be discharged,
and the cause to proceed 10 the United States Court
as if il had been brought thes by or inal process
The object OF this bill was openly syowed ia
the Senate to be for the protection of persons
executing the Fugitive Slave Law; SID Mr. But
Ter said it was supported by petitions from the
District Attorneys, Judges and Msrshals Of the
Federal Coutts. We presume the parties who in
Pbilsdel pbia Kidnapped free MAD, aud consigasd
Linn 10 Slavery, and removed bin from the State
under color Of law were among the petitioners;
and doubtless, also, the cowardly Marsbsls who
wartoply fred upon an alleged fugitive in
smother part of Pennsylvania, and were indicted
By Grsio jury for tie crime. 1t ia not duficult
to understand ttst this class Of persous earnestly
desire 10 be protected from the civil damages
tat State Judges and Juries, looking only at the
law snd the facts Independent OF dlctsson from
Washington, regardless Of political consideration,
End aiming .o,ly at simple justice between man
ard mau would be likely TO award. Perhaps II
is expecting too much that the House OF Repre-
sertatiyes, which passed the Nebraska Act should
/ reject this pill. They dcuete" uuderstAHd that
! it will sid sud is inter ded 10 aid in protecting
from the justice they so reasonably fear the slave
catching officials of this great Republic who, uu-
Ger color of law. are accustomed 20 trsmpls upon
all law.
But the Act in question extends-aud we ask
our rtprese natives to heed this pont-as the PEG
pie whore rights are intrusted to them, will heed
1.-THE Act extends beyond slave catching. Ii ex-
;r;g ;,e Gtot Enu unit
of shy act done under any law OF the United
States CT under color thereof, or for or on account
of any right, authority, claim or title set uf by
the officer or person under any las of the United
Staies
Mr.. Rusk saie, in the debate "If the United
States Officers ore not to be protected repeal
your law" To which Mr.. Sumner promptly
replied: I" so.iay 1; repeal your law" But the
Fugitive Law may be repealed and forgotten, and
this act, if it be low passed. stall stand ousting
the State judiciary Of their rebtfal jurisdiction
in suits whose number and importance no msu
can conceive. In every case where the defend
ont is an officer of the United Ssates-militiry,
naval or cyil-for there is no limitation in the
bill; whether be be marshal tpstaff. COM
missioner atide.water, or one of the ten thousand
pcstnssters scattered throughout the land-if he
shall aver that the act for which be is inpleaded
was done OF that the right authority claim or title
involved in the sui! was set up under color OF
any one of the iDIunerabe acts OF Congress
passed from the adoption Of tire Federal Consti-
tuition 10 the commission Of tie act, then "h
"shail be the duty Of the Stais Ccut 10 proceed no
"furih.r in the caass' Their jurisdiction 10
transferred. The judges appointed by the pep
pie Of the State are 70 give place to those ap
pointed by the Precedent.
Touching tie pretended necessity for this trans
fer Of jurisdctcn-spart from the grave question
Of its c0nstitu !orsliiv-it WILDE remembereds that
whenever proceeding in State Court involves
tie validity Of statute or Of authority exercised
under the United States, or the construction OF
the Constitution, or Of any statute Of the United
Statss or Of the validity Of any State Statute, or
authority on the ground of rePugnsncy to the
Constitution, the Federal Judiciary has alresdy
an appellate power, and can correct any error
made BY the State Tribunals; 80 that there 10 no
danger Of wropg being dote to the United States
or Ito officers To assume, therefore, a. this bill
assumes by its title and its provisions that the
transfer Of jurisdiction 10 necessary to protect
officers and other persons acting under the au-
tbority of the United States 10 to assume that the
State Courts are inferior. either 10 integrity ot
in judicial intelligence. 10 those OF the Fedora