, 1859-12-27

We Publish elsewhere letter from Nc
Donou h county Democrat, relative to the
recent. kidnapping case in that county. We
are personally acquainted with the writer md
believe him to he sincere in tic desire. which
he expresses to ASCERTAIN what is his duty tn
der tue Law; aud as his letter Is couched III
respectful terms, We give it the attention to
which that circumstance eulitles it. We're our
correspondent regular, instead Of an occa~
siona1, reader Of the PnEss AND TR1nrxE, he
would not now bc under tie necessity of ask
ing us for tho law aud the decisions Of the
courts bearing upon tho subject We have
heretofore had occasion to make repeated ref
erence 10 these, as our readers can testify nnd
our apology to them for again occupying our
columns with this subject. is that VIC writa Tor
Democrat desirous OF information which he
has nsrer yet obtainod and never will obtain
from the papers Of his own party: =
The sole authority for the capture and re.
turn Of fugitive slaves is found in the following
provision Of the Federal Constitution: aNo
"person held to service or lubor in one State
under the lava thereof escaping into ano-
"iher, shall, in consequence Of any law or
"regulation therein, be discharged from such
"sersice Or labor, but shall be delivered up
"on claim Of the party to whom such service
tor labor may be due" In 1893, and again
in 1850, Congress prescribed tho mode by
which the master may retake and remove his
slave found in another State. Subsequent to
the enactment Of 1893, lho Supreme Court Of
tho United States, in The case. of Prigg rs the
Commonwealth Of Pennsylvania, (l6 Petazs,
539) decided that 4 the power to pnoride
remedy for this right a. rested exclusively i"
Congress" and tkat the Legislation Of Congress
must not only superscde all State Legislation on
the subject, but ".by, necessary implication
prohibits IT, and that "ou lars nron
"Me suLiect passed BY State since
"fthe adoption # The Constitution Of tie United
States, are null and pcid. THUS By decision
Of the Supreme Court Of the United States
the highest tribunal Of the land, fugitive
slavo can be arrested and returned to the state
from whence he escaped, only by virtue Of and
in accordance with the provisions Of the fugi.
tive slave law. There arc certain classes named
in this lnw who are authorized to make arrests
under it, viz, United States mnrshals and their
deputies, or such persons as may be dnly CON-
missioned for that purpose by tic United States
Commissioners, or the person Ginning the slave.
or his agent or attorney duly authorized by
power Of attorney. The first class are only
authorized to make arrests when warrants for
that purpose shall have been placed in their
hands; the latter may do so With or without
process. Outside Of these two classes no per.
son is bound, or even authorized, to mako MI
arrest unless duly and legally summoned rs a
part Of the passe commitas.v for that purpose
The Legislature Of Illinois, some years ago,
enacted Law tor TIC arrest confinement rc-
turn or sale Of fugitive slayeA Tho law, IN
embraced in the 9Th section Of chapter "a
Revised Statutes, approved March Sd, 1876
This law provided that ''crcry black or mulat-
'to person who shall be found in this State,
and not having a certificate Of his or her
freedom, shall be deemed a runaway slave or
"serrant," and it authorized any inhabitant Of
the State to arrest euch person and take him
before magistrate whose duty il was made to
commit him to The custody Of the Sheriff. The
supposed slave was 10 be advertised certain
length Of time, md Il no owner appeared, was
to be hired out from month to month for ono