The Iowa patriot. [volume] (Burlington [Iowa]) 1839-1839, 1839-07-18
NEGRO CASE,

NEGRO CASE.
In our last number we gave brief re-
port of the case of Ralph, colored man
Us. Montgomery. Below will be found
the Opinion of the Supreme Court, as de-
livered by the Hon. Chief Justice Ma
SON. This decision will doubtless secure
the appreciation of all who profess to be
the friends of humanity and law through
out the Country, and obtain for the Judi
ciary of the infant Territory of Iowa a
name abroad, which could not, under 9TH
er circumstances, have been gained.
This case comes before us in rather
singular attitude SO that perhaps it is not
strictly regular for us to entertain jurisdic-
ton of it at all. AS, however, it is an i'm
portant question, and may ere long be an
exciting one, and as it is by the mutual
assent and request of all the parties inter.
ested, we concluded to listen to the argu-
ment, and make decision in this case,
without considering it precedent as to
the future practice of this court.
The colored man who was claimed as
slave before the justice OF the peace, as
serts that he is free. If this be actually
the case, the writ of habeas corpus was
properly brought, rs being the only means
by which the Judge Of the district court,
in cases like this, could exercise rene
dial control over the illegal acts Of JUST.
.ces of the peace. The proceedings hav-
ing been transferred to this court, it will
perhaps be proper for US to make such a
disposition of the matter as might have
been made by the district Judge, Or
such as we have might make were the pc
titioner present in court
The claimant asks that the petitioner
be restored to him as slave, and princi-
pally for the following reasons: in the
first place, that by the act of Congress of
1920, which authorized the people of Mis-
souri, Territory to form constitution and
state government, and which prohibited
slavery in all that portion of the old Lou
isiana Territory lying north of thirty.
six degrees and thirty minutes of north lat
itude, not included within the then con-
templated state, i; is provided that any
person escaping into the territory thus set
apart, from whom labor or service islaw-
fully claimed in any state Or Territory of
the United States. such person may law
fully be reclaimed and conveyed to the
person claiming his said labor Or services.
| Under this provision we are asked to de-
eide that the petitioner is fugitive slave,
because, although the master consented
that he should come to this Territory. ard
(for aught that appears remain here fol
four or five years, still it vas upon the ex-
press condition that he should at some flu.
ture time pay to his former master the
sum Of five hundred dollars, with interest,"
that not having complied with this agree,
ment, he is to be regarded as being here
without permission, and consequently as
having escaped into the Territory Such
construction would introduce almost I'm.
qualified slavery into all the free states
The constitution of the United States con.
tains a provision in relation to fugitive
slaves substantially the same as that con
! tanned in the act Of Congress above refer
red to, SO that in this respect all the free
states in the Union are i'll the same pre-
dicament with this Territory. Suppose
then, the master should make an agree.
ment with the slave to proceed to free
state and remain forever the slave Tor il
you please. the obedient servanD of some
particular individual, his heirs or assigns
While he fulils~'his agreement he is {
slave to his new master, and as soon as he
violates 1T he becomes again slave tt
his old one, who may forthwith reclaim
him. We cannot countenance such doc
trine.
1 From the facts agreed upon in this case
tit seems that the claimant consented tina
his slave should come to this Territory
The permission seems to be absolute, bu
there was an understanding that the latte
was to pay a certain amount to the forme
as the price of his liberty. How the fail
u1e to comply with this understandin!
could render a journey undertaken witt
his masters consent an escape, we are un
able to comprehend. The petitioner i
under the same obligation to fulfil his en-
gagement as though, instead of purchas
inc his own freedom he had become in
debted to his former master for the pur
chase Of any other species of property.
| is at most only a debt, for the non-pay
ment Of which no man in this Territor.
can be reduced to slavery.
| We are far from declaring there can b
no escape in cases where slave goes t
Ia free state with the consent Of his mas
ter. He may be sent upon an erran
with directions to return Immediately. -
4 He may travel in company with his mas
ter. or with others. Under such circnm
stances, his refusal to return ightproba
bly, be regarded as an escape. But TIN
j certainly cannot be the case where tn
Journey was undertaken with the under
standing by all parties, that the slave wa
going to become a permanent resident {
I the free state or territory. Il.
RI But it is contended on the part of th
o1o,p,.,,,f khot 8c1ovorxr ic not y,ralihifoI ,