The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-05-15
Circuit Court.
Raforo IudUn Edunou1u

Before Judge Edmonds
MAY l4--THE Slave QUESTION BETWEEN VIRGINIA
AND Nrw Yoan.--.Jsmes b. Lane vs. WTiifam Povei-
The defendant ID citizen Of the State Of Virginia and
D q brig a%p n hs in hi
steward colored man. took SICK and unable to pro-
coed. The captain then employed the plaintiff another
voyages; and the brig sailed and reached Norfolk and
delivered her cargo While lying at Norfolk. black
and sccreting themselves in some part Of the
brig remained, undiscovered until the vessel
had left Norfolk, and wa: three days at sea.
On the third day thay were discovered by the hrst
captain, who was then al breakfast in his cabin The
the cook forward and had Thorn confined, and put tho
ship back to Norfok where they arrived the next even
ing On their arrival the Mayor w.: appsssd Of the
took them shores and was found that the woman and
child were the property Of ciizcn Of Norfolk and that
was concoctcd between them that she and her child
should get board privately and conceal themselves
proceed to Boston, 10 her sister They wero given
up to their owners and the plaintiff handed to
the public authorities and tried and convicted under the
laws Of Virginia. for aiding and sbctng in the escape Of
the fugves. and sentenced to twelve years imprson
men in the penitentiary Of Norfolk, where he now
MAINS these facts being proved counsel for the plaintiff
rested For the defence it stated that the laws of
Virginia made felony for any person to aid abet
tas escape Of slaves, that when the d,so
coast Of Virginia, and within its Jurisdiction and be
had not taken the he did, by putting back the
stance. he would subject himself to prosecution; and
convicted, to fine Of $1,000 and imprisonment for II
years; that the plaintiff knew Of these coming
board that he secreted them In small room behind
his galley and supplied them with bed and food the
property Of the vessel The hrst evidence offered
exemplhed copy Of tho laws Of Virginia, under which
the defendant Justified.
Mr. DsEssEa, for plaintiff, objected He insisted that
the court could not receive passages ced from the laws
foreign State upon question arising in respect to that
law a. evidence Of what tho State law upon that ques
ton Is unless the particular passages dcposcd by
witness skilled in the laws Of the state upon the ques-
ton in dispute, and cited the case Of Lord Nelson vs.
Lord Brdpcr decided by Lord Lsngdale, in the Rolls
Court, in England, in ls45.
Mr.. BLurI. for defendant, said the cases we're not
analogous the case cited question Of foreign ju-
rsdction between two foreign countrics whereas the
question now under consideration was between
sister States governed by the general constitution
and bound by that constitution and the laws of Congress
give full faith and credit TO the legal judgments ana
records Of their respective courts.
Objection oyerruled the Court giving no opinion upon
the applicability Of the record evidence in the case
Decision excepted 70 by plaintiffs counsel Aner some
other testimony the counsel about TO sum up
the court adjourned For plaintiff Messrs dresser ana
Hastings, for defendant. Mr.. N. y. Blunt