Press enter after choosing selection

Arrest Of Fugitives From Service

Arrest Of Fugitives From Service image
Parent Issue
Public Domain
OCR Text

JpThe Indiana Tocsin, in commenting on he case of Bowl es, who was kidnapped i-om Niles, in this state, cites ihe decisión if the Supreme Court in the case of 'rigg vs. Pennsylvania, thus: ;:lst. That the provisión in the conslijtion of the LI. States relntive to lugiivo slaves, executes itsfilf so far as it auhorizes tlie owner or his agent to seizc lic fugiiivc in any State of the Union as n-operty; and that no State lnv is constiutional which interferes wilhsuch righls. 2d. That this provisión nlso contemilatcs legislntion by Congress to make he delivery of a lugitive Slave more efecltml ngainst all State or other interfernee. 3d. That Congress having legislated, uch legi-slation is tho Supreme law óf the nnd, excluding all Stale legislation upon he same subject, and with which legislaion by Congress, no State can pass anv aw, to qualily, impede, or control the emedy given by the Act of Congress. 4ih. The power of legisla! ion by Con;ress is exclusive; nnd tío State can pass ny law to carry into eifect the conslituional provisión in regard to fugitive laves, even though Coiigress had not Iejislated on the suhject." The Editor quütesthe following, as the piniÖn of -:a liighly intelligent legnl genleman," to whom he appliej for infortiation: "The Act of Congress gives the maser an absolute right to take his slave vherever he finds him, nor is any warant necessary for his justificaron. It is tntirely a matier of physical force beween the inaster and the slave. The erson allodged to be n slave has ahvays ïowever his rigiu to the writ oí babeas :orpus, whetlier in custody with or witlil uta warrant. Any cilizen has the right .viihout subjecting lumselfto penalty, to ud the colorcd man in obtaining and prosïculirig this writ." "The master can arrest his slave and :nke him out of the State without process, nut the person arrested must be his slave. To test this fact, n habeas corpus may be issued at nny time. The conrt vvül preiutne the fugitive to be a free man, until it bc clearly proved, that he is a slave. - Unless such proof be made, ho must be discharged."