New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-11-24

: The Vermont Legislature, now in session, has
before it two bills Of no small Importance in their
bearing upon the question of the extension Of
Slavery into the Free States.
The Supreme Court of the United States, in the
famous case OF Prigg VS.. Pennsylvania, admitted
that Congress in the original Fugitive Law of
1898. had fallen into grave mistake rs to the
extent Of its authority in attempting to impose
judicial or other duties on State officers IL has been
and still is the opinion of many eminent jurists
that the undertaking by Congress to eglssie at all
upon the subject Of the surrender Of fugitiSes
whether from justice or from labo', was mistake
altogether being without any warrant or authority
from the Constitution, and decided infringement
upon the rights of the States. II Is held by those
who take this view, that the return Of fugiti'es
from labor is matter which belongs, st least in
its initiation, wholly and exclusively 10 the auhori-
ties and tribunals Of the States, and with which
Congress has no right, nor have the courts or
officers of the United States any right, 10 inter-
fere at least not until the proceeding shall have
resulted in suit recognizable in the way of appeal
or otherwise by the Federal tribunals. The in-
teution and the effect Of the clause in tie Federal
Constitution touching fusitives rom service is
held 10 be this: That right 10 service under tie
LAWS and within the jurisdiction of any State shall be
defeated notwithstanding any differences OF local
law by any fight into smother Ststa, but that such
right shall be recognized and sustained By the tribu
mails Of the State in which such fugitive is found, 20
the extent Of recapture, 10 be followed, where the
services 10 which the fugitive is bound OF char
acter notrecosnized or allowable BY tie laws OF the
State where he is found by his removal bsek 10 the
Sts,ewhence be fed-tee proceedings in such cases.
.hould they take the form of ; judicial contest,
being liable 20 be transferred 70 the Federal tn.
bunals under tbs. elsuse of the Constitution which
gives them appells.e jurisdiction in all cases
srisips under the Federal Constitution. The
operation Of he fugitive clause thus inter-
prcted would be. to give 10 South Caro-
lnisu, for instance, precisely tae ssIne
right ard the same means, neither more
nor less. to reclaim his fugitive slsye in
New.York, which citizen Of New-York
has in New -York 10 rac.a;m bis runaway child or
apprentice. Could sny reasonable stakeholder ssk
for anything morel IL it no! $ mos, arrogant pre-
facilities afforded them il New-York which citizens
Of New-York holding similss situations, AZ no:
permitted to enjoy
According to this view Of the matter, no specisl
legislation, whether S.ste or Federal. respecting
fsitives from one State into another is necessary
nor even allowable. The Constitution Of the
United Sts.es being the supreme law Of the land,
and recognized ~ such BY Ill the State Courts
and authorities, its provision respecting fusi:;ves
from labor sutces 10 give 10 al claiuaats. to What:
ever State they may belong, or upon tie laws OF
whatsoever Stste their claim may be based, pre-
c:sely the sane protection and The same remedies
which the citizens Of the State, where the fugitive
i, feund, themselves have to recover possession Of
,beirowu ruasw.ys-remedies 10 be saperin.ended
and administered, in the fret place. by the
State authorities and State Courts subject, how
ever 70 surcryiscn in the wsy Of aprcsl BY the
Supreme Court of tie United States Nor
j. THE yicw Of the case new .dei,