The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-22
From the Trenton Emporium, Julv IA
NEW JERSEY SLAVE CASE

The supreme court, now in session in nj. :,
delivered their opinion in this interesting case y.
terday. Their decision susiains the law of s.y'a ~
as it existed prior to the adoption of the new,
stitution, and is unanimous with the exceno s'a y
the chief justice, who dissents, and Judps WI
head, who, not having heard the argument e "ne
opinion. ee"
Judge Nevius gave written opinion, in VIII
Judge Carpenter concurred; and Judge RandoI.a
gave written opinion TO the same effect, Tn ny
justice stated his dissent verbally. a
The opinion of Justice MENUS goes on n A..
that the proceedings in this case were desiSrsSae
investigate and settle the question, whether s,,s.
exist in this State under its present cons,,n,
and laws--whether it has ever had legal ey;ssus
and, If so, whether its existence is legal still
was the ino of the case on which the com, M
called TO pronounce.
He went on to quote largely from authorizes /.
show that the relation between master and Saw I,s
been recognised by law from time mmemorial a
this point he referred to the grants in Csrt,r,s
time, (l66l,) to the minutes Of the Colonial Ass.a
bly,, (l630 and l694,) and the instructions Of Iaa
Cornbury, (l702, and the aces of l7l3, l7sI r@
and 1863, which were quoted 10 show thai, viii.
New Jersey was colony, the institution of SLAYER
was tolerated, recognised, guaranteed, and regu,l.
by law.
As early as 1898, the legislature declared i.
slave till regularly manumitted according Ia IN
terms prescribed by law; and this court has, from
time to time, protected the claim of the mssts,
the slave.
In 1920 the Legislature adopted plan for The ,ra
ual abolition of slavery, in which the relation \
master and slave was again recognised, and unds
which slavery has nearly disappeared; the numb
being reduced, according to the late census, 10 81,
who have, according TO the act, a legal claim A.
hair -.
support themselves, unless the law is rendered M
gatory by the new constitution.
The learned Judge then went on to dscus, II,
point, whether the new constitution had abolshJ
the law of slavery. The first section ia The I'm 4
rights was quoted as follows,
"All men are by nature free and independent, al
have certain inalenable rights, among which A.
those Of enjoyingIand defending life and liberty, n
curing, possessing and protecting property and a
pursuing and obtaining safety and happinessn
The learned judge, in relation to this clause, n
marked, that the convention, in framing this fund.
mental law, set out with the general proposiim
that men in their social state are free to adopt &
own forms of government, and enact their own
laws;--that they are independent of all foreign 30
cietes and governments, and of the will Of any ON
man or set OF men;-tha, in framing their laws they
have right to consult their own safety and harm
ness, whether in the protection of life and liberty q
the acquisition of property;-that the language us
was never intended to be applied to man in bis pr
vate individual, or domestic capacity, or to dein
his individual rights, or interfere with his domesr
relations. He regarded il as speaking Of men
their social capacity; and thought that il the conv,s
ton intended TO abolish slavery, which was well
known to exist, and with it the right Of the mar
to his slave, and the right Of the slave TO pro.ec
ana maintenance, no one can doubt that the iamtn
ofthe constitution would have engrafted on some
clear and definite provision for effectng their obd
and not leN 40 important a question, and ON
which involved such grave consequences, to dsp,M
on the construction Of an indefinite and abana
proposition.
lie went on further to say, that il had been a.
termlned by the federal and State courts that IN
language used in the federal constitution and thu
Declaration of Independence Of similar import aid
not disturb the laws in relation to slavery or any
way affect the rights Of masters or slaves.
In examining the decisions of the Massachusu
courts and those of Virginia, the learned ids
showed that they differed in their construction
similar provisions; and in this conflict Of opnon
among Judges, the present case must rest on vhs (
tins court shall consider the fair legal, and safe con-
sruction. He concluded by saying, that, from ts /
best consideration which he had been able TO gn (
the subject, he was Of opinion
/. That the relation Of master and slave exsHa /
by law at the adoption Of the constitution in 1914
q That that constitution has not destroyed a +
relation, or abolished slavery.
5. That the colored man, William, should eN #
manded to the custody of the defendant.