New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-07-14

New Jersey, passed February, 200, has not yet
effected the complete extinction Of the institution in
that State. All slaves born previous to July 1904,
were left by it in bondage for life and their children
were 10 be free males % and females at p years
ofage. Under the operation of this law, New Jer-
sey, though reckoned Free is nevertheless in point
of fact Slave State; there being as is supposed
not less than 1000 slaves within its limits The ex-
istence of Slavery there, however we believe, Is
admitted to be mainly nominal affair though the
law has hitherto given it the sanction Of its authority
and some cases Of actual oppression may have &c
CURED under its operation. The adoption of the
new Constitution with its Declaration Of Rights
which wen, into effect in September last, has raised
an important question for the consideration of the
Judiciary 1t is contender that under this Const
tuition Slavery can have no legal existence, nasnuch
as il distinctly declares that all men are by nature
free and independent and have certain natural and
unalienable rights among which are those OF ENJOY
ing and defending life and liberty acquiring, pos
sessing and protecting property, and OF pursuing
and obtaining safety and happiness" To test tins
question writs of HaJeos Corpus were issued in be
half of two slaves-one, William, the slave OF John
| A. Post born before sO4, and the other Mary Ie
bout. the slave of Edwin Van Buren,, aged nineteen
| the daughter of woman born before that date.
The returns to these writs were made at the May
term Of the Supreme Court Chief Justice Horn
blower presiding, and alleged the Act of 1890 as the
only authority for the detention of the Slaves. Z.
p. Palmer Esq was the Petitioner and Avian
| Stewart ESQ the Counsellor and Advocate for the
slave and apprentice A O. Zabrskie and J. X
Bradley Esqs appeared as counsel on the other
side-the former for Mr.. Van Buren,, the latter for
Mr. Post The causes were argued together on the
2st and ED of May, but the decision is yet TO be
given
| The argument of Mr. Stewart, OF which the sub
stance only is here given, is stamped by the pecu-
liar traits of his mind While it is full ON the great
question before the court embraces much that Is
extraneous and not little that would have sound
ed better the political stump than in court OF
Justice The object Of the suit is high and noble,
and Mr. S. appears to have felt its great importance
and to have brought TO its discussion all the energies
OF his powerful though not well disciplined intel
| lect Though his argument is not compact and rig
orously logical, II exhibits many points OF great
shrewdness and force Witness the following
Again if slavery is a Bible and Heavenly institution
we should not be opposed % IN me abstract as the de-
PENDANTS counsel are but every thing should DC Done 10
foster and IT, and your honor should resign
your seats rather than decide IN my favor however
plain the Constitution other thing might be Tor the
slave for If the Bible countenances slavery Is aO-
stracy right AMI the paiDtlr counsel coniins sreal
sin in opposing slavery the abstract which they intend
for by going with al their might for II practical
IT, and thus purge themselves for opposing what the 81
BE in the abstract and concrete If II Is Bible
institution which have been ebOlishng in New ing
land New York and Pennsylvania let us repent IN dust
and ashes and down al the coored the weak. the
young the Irish the English and the strangers ON their
rrsi arrival and catch suffering Indians who are
s struggling wanderers among then fathers graves
and make them all into slaves and their poery IN the
free States and thus secure the blessings OF Heaven
that poured bounuully Virginia, Maryland
and the Carolinasn
The celebrated Somerset case, decided by Lord
Mansfield is referred 10 in passage Sc truly eo-
quent that cannot iorbear TO copy II
AT the time Of the argument Of the Somerset case IN
I'M the world was full of slavery especially the Nest
Indies and the colonies of this contnen- was toefa
ted in ALL But behold what may be done by the IN
domabe perseverance Of one man, II that man DC
Granville sharpe He gentleman OF small means
but Of great heart and had for some time maze ihe
study OF human rights subject OF great console ration
He had read thought and written in their behalf ana
was the prosecutor who interested himself for Somerset
the slave of one William Stuart a West India planter,
and prepared much OF the brief OF Mr. hargra'e' ana
obtained the writ of Hdbeas Corpus reiufnao.e III 'e
heard the argument patiently the livelong day ana de-
cidei against the slave on the authority oil case IN
s74g in Lord Harwcks and Lord Talbot Tine Nothing
discouraged Granville sharpe ~ the next term hc
brought M Somerset second time, and the question
so important the court heard the argument secoh"
time. and decided before against the slave foof
Granville sharpe still coni.nded that slave could not
breathe in England and having spent months IN deep
study upon the law of England, though layfnah ne
brought up Somerset for the third time before the court
of kngs Bench which had Lord Mansfield for ts chie
hp III NOT M pOO
buke for his unconquerable fanaicisn and obnacy nor
did the court throw down the common impeachment TO
the march mind and further consideration by saying
res adjudcoio res ddEdicdid 2" No where human
liberty was concerned the great rights OF seowner
ship staked upon human reasoning and Judicial deteni
nation Lord Mansfield was no, IN haste TO say we nave
decided against human nature The cause was argued
third time for day in Westminster Hall, and Granville
sharpe had the last argument descended INTO me
deepest wells English liberty and brought up dFausn
OF the waters of lie. liberty mercy, ana law. So pure
that when was commended 10 the lips OF the judges
they were made WISE the scales el nom inelr eyes anu
they saw in lie length aud breadth the mighty truih DEAN
ing on the forehead Of justice herself that slaves can
moi breathe in England" and the hight OF that day has
shone ON with increasing strength ami beauty unul we
can now saw that the which never sets upon me
realms of the British Empire oehods in ms circuit
through the heavens slave 10 crsuch beneath her vast
lllmiiablc power.
But oh what shal we say of the sublime humanity Of
Lord Mansfield and his compeers, who were not AFRAID
confess they had been wrong ana had he hHShai,ii
ity TO say IL before savehodng age This 0hy saw ie
longest stride which British greatness ever took on the
highway OF human glory
Ii is fact too little known and which we appre'
bend will surprise some of our readers, tina, Slavery
was abolished in Massachusetts, no, by Legislative
action bu, by decision OF the supreme Court hch
gave effect TO passage iu,he Constitution OF that state
not only precisely similar bat almost III the sane
identical words with tina, already quoted from the
Constitution of New Jersey and relied upon by
those who have brought these suits. Ii the doctrine
established in Massachusetts is sound and II is sup
ported by the hghes, Judicial authorizes. among
which we may meniion'thai OF the late Chief Jus
tice MARSHALL we may look with great conil-
dence for decision in these cases which shall sweep
away every ves,ige OF Slavery in New-Jersey The
moral influence of such decision at this time would
be felt throughout the country and see not
what is 10 hinder the ultimate extinction Of Slavery
in Delaware, Maryland. Virginia and other States
by precisely the same for il we are rightly
informed the Constitutions of these States contain
passages repugnan, to the institution as any that
can be found IN those OF Massachusetts or New