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Lynchburg, Virginia
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New Jersey Supreme Court rules federal fugitive slave law unconstitutional, granting jury trials to all and ending color as slavery evidence, protecting escaped slaves. Editorial decries it as abolitionist fanaticism subverting law after 40 years.
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Important Decision.—In the case of a negro man and his family, arrested as fugitive slaves, the Supreme Court of New Jersey has decided 1st, that the law of Congress regulating the arrest of fugitive slaves, is unconstitutional, because no power is given by the constitution to Congress, for legislating on the subject. 2d, that every person white, or black, free or slave, was entitled to trial by jury in New Jersey. 3d, that the color of a person should be no longer considered as presumptive evidence of slavery in that State."
This decision is virtually that every slave making his escape into New Jersey shall not be returned to his owner. We regard this decision, however, as of most importance in showing the effect of the fanatical spirit on the mind. This law of Congress now declared to be unconstitutional has been the law of the land for more than forty years. The whole judiciary of New Jersey have acted under the law for that length of time, and yet here all at once the constitutionality of the act is called into question, and the Supreme Court decides it to be unconstitutional. Are we surprised at this? Not at all.
We know that this religious fanaticism perverts both the mind and the morals; and under the same feeling that this decision is made, any other could be obtained equally violatory of the law and of the constitution. Oaths, honor, conscience, law, constitution, are all nothing, a mere nothing, when they come into opposition with this fanaticism. The same functionaries would no doubt declare, if it were deemed politic to do so, that the constitution gives to Congress the power to abolish Slavery in the States,
[U.S. Telegraph.
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The Supreme Court of New Jersey decides that the federal fugitive slave law is unconstitutional, entitling all persons to jury trials and removing color as presumptive evidence of slavery, effectively preventing return of escaped slaves. The decision is criticized as resulting from abolitionist fanaticism overriding law and constitution.