Note 224 — Chapter V

This decision of the Supreme Court, which authorizes the master to seize his fugitive slave without process, (see his speech, Appendix to Congressional Globe, vol. xxii., part 2, p. 1587,) is exceedingly offensive to Mr. Chase of Ohio; and no wonder, since the Legislature of his own State has passed a law, making it a penitentiary offense in the master who should thus prosecute his constitutional right as declared by this decision. But, in regard to this point, the Supreme Court of the United States does not stand alone. The Supreme Court of New York, in the case of Jack v. Martin, had previously said: "Whether the owner or agent might have made the arrest in the first instance without any process, we will not stop to examine; authorities of deserved respectability and weight have held the affirmative. 2 Pick. 11, 5 Serg. & Rawle, 62, and the case of Glen v. Hodges, in this court, before referred to, (in 9 Johnson,) seem to countenance the same conclusion. It would indeed appear to follow as a necessary consequence, from the undoubted position, that under this clause of the Constitution the right and title of the owner to the service of the slave is as entire and perfect within the jurisdiction of the State to which he has fled as it was in the one from which he escaped. Such seizure would be at the peril of the party; and if a freeman was taken, he would be answerable like any other trespasser or kidnapper."