The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1844-10-31
From the Emancipator.
H0beas Corpus

Hloh tho G'AuhoiPatOi'
Habeas Corpus
COMMONWEALTH Us. EDWARD FITz-
GERALD, in the matter of Robert Lucas,
Robert Lucas was brought before Chief
Justice Shaw on Friday, the llth inst,
on habeas corpus. He was claimed by
Edward Fitzgerald, purser ofthe U. S frig-
ate United States, as his slave, and on be-
halt of the United States government, by
Capt, Stribling commandant OF the frIgate
as being in the naval service of the United
States, under his command.
1t was proved, on the hearing, that Filz-
gerald, in the year 1871, when hat vesse
was about sailing from Norfolk, Va, on
cruise to the Pacific, addressed letter to
the secretary Of the navy, asking permiss'
ion TO take his slave with him. which ap~
picaton was understood to be necessary,
because the employment of slaves in the
service is not permitted by law. To this
the secretary returned the following:-
Navy DEPARTMENT.,
26Ih October, 1871.
Sir,--Your letter of the 18th inst. has
been received. The department grants
your request to be permitted to AXE your
own servant with you on board the frigate
United States.
am very respectfully your obtserv't,
A. P. UpsHER.
Purser Edward Fitzgerald, United
States ship U. S. Norfolk.
Fitzgerald accordingl y took Lucas on
board the United States, and the frigate'
in January 1872 sailed for the Pacific. and
was attached TO the squadron there, where
she remained until ordered by the commo,
dore to return to Boston, at which port she
arrived on the Sd inst, it being the first
port 10 the United States she had entered
since her departure.
Lucas was never regularly enlisted, but
was rated and received, and entered on the
muster roll as andsman, drawing wages
as such, at the rate of 50 month, which
was claimed and received by Fitzgerald
as his owner. On the muster roll. opposite
his name, his term of service was marked
"unknown.' 1t was proved that Lucas
did the duty ola landsman, and was un-
der command of Capt. Striblng as much
as any one on board His business was
to act as servant to the purser and one 9TH
er officer. Such servant would have
been allowed andpaid by the government
if Lucas had not been so employed.
The case was argued a. length by Hal
let, for Capt. Striking, representing the
U. S. government and for Fitzgerald; and
by Sewall and Merrill for Lucas.
Shaw. Ch. Jus. gave an elaborate opin'
ion, which we are sorry we have not the
means of reporting a, length, 10 which he
fully sustained the position taken by the
counsel for Lucas. The points which he
decided we're
/. That by the law ofthe U. S. Of 1887
slaves could not be enlisted in the naval
serv ice; that as slaves, they could not, for
want of capacity, enter into the contract oil
enlistment and that the word persons in the
law referred to, did not embrace slaves.
g That the agreement made by the U
S. with Fitzgerald TO employ his slave
could give them no more power agalns
Lucas than Fitzgerald had himself, supo'
sing the contract to have been good.
8. That when the frigate went cut o.
the territory of Virginia, Fizgerald's au
thority over his slave ceased, and that al
right of the U. States over him, under the
contract with Fitzgerald, ceased for the
same reason.
4. That Lucas was entitled 10 his dis
charge from the United States, as not law
fully enlisted.
S. That Fitzgerald, having voluntari
ly put his slave on board a United State:
vessel, did thereby consent that he should
be carried any where by the lawful order;
of the government; and therefore consent
ed 10 his being brought to Boston; tha
this was not case of Uis MAJOR or ire
sistable necessity.
6. That this was not case ola slave
escaping from one State into another; ant
that where slave was here casually, ant
not runaway, escaping from anothe
Safe, whether brought here voluntarily
by his master or not, there was no Law
here to authorize his restraint.
T. That for these reasons, Lucus be
! ing unlawtuIly restrained, was entitled Il
be discharged, which he decreed accord
ingIy.
r EPISCOPAL CONVENTION.