The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1836-09-16
IMPORTANT JUDICIAL DECISION.

case of the young female which We have
heretofore noticed. Every Soutbener Will
hear OF this decision with feelings OF unmln'
gled Indignation and surprise. No gentle
man can hereafter travel into Massachusetts,
accompanied by his negro servant, without
running the risk of having his property Ia
ken out OF his possession, without The posi-
blh,y Of redress, unless this decision be re.
yersed BY higher tribunal. The Constr.
tuition of the United States has provided Tor
the restoration OF slaves fleeing from one
State into another but the decision oil Chiei
Justice Shaw virtually annus this security,
IT, forsooih, the slave accompanying his mas
ter only begins 10 fee after he has crossed
the llne of Massac Bait. Fat.
The Slave CaSe.--The slave case, some
account OF which We gave last week, was
continued yesterday before the Supreme
Court, all the Judges beng present. The
case was argued by the Counsel Tor the re-
specuye parties with great eloluence and
skill, By c. 7. d b. K. Gurus, tor Mr..
AYES, the gentleman ~ whose possession
I the little girl nov Is, and against whom The
writ OF kabcds corpus was issued; aud 10y
RUFUS Choate and Ellis Gray Loring Tor The
applicants tar the discharge OF the slave.
I Chief Justice Shaw delivered this morn.
lng the oplnion OF the full court, on the nights
OF slave owners bringing slves Ydo Aassa
cbusctts, which will be. considered ~ ex
traordlnary Importance. ffasthsei Justice
remarked that more elabbfxte eplnIou OF
The court would hereafter be drawn up, but
that at present he would state the result
which had been we'd at, aud the general
reasoning Which had led 10 1t. he case
was one Vi hugh interest aud has been tut
" aud most ably argued by counsel. he
impression Of the court aud bar had long
been that slave coming here by the CON
sent OF the master IS thereby virtually eman.
clpated, because there - no law by which
he eau he compelled To leave tins State, and
While here, as he owes allegiance, he musi
receive protection. The question was not
before The court, and need not here be set
lied, whrth slave coming here by has
masters consent, aud afterwards returning
to a slave country, would fall back into
slavery. The court we're clearly d oplulon
that the long settled impression referred 10
was sound.
The law &C England and the law Of Mas.
sachuse,ts we're analogous. by both, slave.
~ has been recognized as the local Law Of
countries winch have chosen TO tolerate Il.
Slavery Is against justice aud natural right,
- A k.x. loo
rlLLi 10 fix The condition oi their osu sub.
Iec,s, and must reconcile their acts with
their own consclences, ~ their oan way.
Slavery cannot, therefore, be nov consider.
ed against the law Of nations tut beng q.
galusl the policy aud settled law OF MassG.
chusots, We here regard II not as a matter
Of general Law, - as 10 let IN the principles
Of comfy IN the case Of Foreigners coming
here with slaves, but only as local ia@
which Nc respect with certain htniss aud
10 a CERTAIN extent. 1 he Judge vent mic
4 very able, though brief, anaIy SIS q The ao.
; Judging eases on the subject OF slave pro.
perry, aud showed that the doctuues nov
held were substantially al accordance OIth
those cases.
The Judge then stated that, pror 10 the
adoption oi the Federal Constitution, II he.
came the universal and settled ~ hcS u thus
State that slavery NBs contrary 70 natural
right aud vas unlawful. The adoption oi
the Constitution only varied this principle,
50 far as It made expression Tor the case OF
runaway slaves, &c. Where there Is a
} general prohibition aud particular eSemp.
ison the latter Is against natural night. The
article IL the Constitution relaling TO iugl.
, liycs might have been useful, ard We can.
not now object to 1t; but that article must
natural import Of ITS terms. II must receive
n strict construction, aud does not apply 10
cases where slaves are voluntarily brought
here By their masters.
The Judge stated that the child must he
discharged from the custody Of the present
claimant and consigned for safe heepiag,
at present, to the petitioners counsel. Ii
was nllmated that this case was not TO be-
understood TO decide the case OF master
Who is bring ny his slave through this State
by virtue OF u warrant ISSUING under the Act
OF Congress respecting runaway slaves, nor
10 4 necessary transltus from one slave State
To another, througha free State, where there
was 10 unnecessary delay. The latter case
could hardly happen IN this State, and
neither were before the court so as to make
necessary any expression Of opinion on
them.
Upon the above decision the Boston Dai
ly Advertiser makes the following remarks ::