The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-27

Der 26-Tnf Stare Case the matter of the fue i.
tive slave George Kirk. who had fed from his owner,
Charles Chapman on board the Mobile from Savannah
to this port and which had come up under writ OF ha
beas argument heard before the court which
Mr. Jar opened the argument in favor of the liberation
oil the slave under the writ He conended tn at mas
gia he had perfect righOo enjoy his freedom In the
course OF his argument he into the general ques
non OF slavery reviewing the decisions Of OF the
his position He reviewed the history Of slavery in
the United States and took occasion to refer
that had occurred in Maryland Louisiana Georgia and
other States He commended that there was no ground
the part Of the State Of New York the detention OF
the boy George there reciprocity on The part of
the State of Georgia to form ground of Comfy The
had no slaves in New York fortunately
Mr. BLuST-Do you mean to say there are no slaves in
Mr. JAy-I do, certainly.
Mr BLUsr-As matter of fact, then would have
you to know that there are slaves in this State (sensa
cir. JAy-well fthere are was not aware of il. and
sorry hear but in regard to reciprocity which
essential to form ground of comfy Georgia had
claim II free colOred person from the north or
colored citizen Of the north to appear in Georgia
legal presumption is, that he is slave and the pro-
bandi lies him he is thrown int prison. and should
be be able produce testimony to the effect that he
portion Of the go eray his and
the Jail fees Northern merchants had occasion to man
their vessels with colored sesmen and the moment the
vessel goes the southern ports these coored
at seized put into prison. and Kept there until
the vessel goes OFF, and then the bound to
and other high authorities, had expressly declared
against the unconstutionality of this law. The mer
chants of Boston had suffered materially under such
law, and sent memorial 10 Congress on the subject
This he commended clear breach OF the law giving
rights and privileges TO the colored citizens and free
col0red people OF the North. He well remembered the
struggles OF Georgia in the revolution, and also in Mas
sachnsstts but standing upon the rights OF the free
ground OF comfy Georgia had reciprocity entite
her to the delivery of this boy 1t was in the recoec
ton OF the Court and most who heard him, that dstn
Zl,al Vnku uoHro s~x ~,
streets Of Savannah publicly mobbed and nearly murder
ed because it was presumed he was abolitiont and
the matter was dismissed by the Common Council. SO
that they looked upon the claim Of Georgia. by right
OF the comfy of nations no such right existed In FORM
ing the constitution the North gave up much to the
SOUTH and commended that keeping the colored boy
George, who was now in custody. for week as a
slave in the city Of New York. would have contamns-
ting influence in this city
Mr. BLUNr-Am to understand the gentleman as say.
ing that the deten ton Of this boy for week in New
York city slave, would have communicating inhu
ence
Mr. JAY-I do sir and shall quote authority to show
you.
Mr. Blunt only want to know the fact
Mr. JAZZ shall quote, sir, Thos Jefferson the father Of
democracy shall show before stated that in this
there is reciprocity, and therefore comfy
The learned counsel here commended that upon the
raj moral ground slavery was to humanity
free institutions and at variance with the divine ord
nances, notwithstanding the reservations of those who
withhold the contrary, who contend it was divine
MIR. BLUNT in reply In his opening argument, he
remarked that SO far as he was personally concerned
he had contend against double tide in the present
case before the Court He had first to contend against
his own feelings as man. viii oh were paramount and
next gans the argument Of the gentleman who OPP
posed to him But he stood before the Court ne
his duties citizen and in the performance of that
duty he bound to redeem his obligation counsel
was an exceeding ly simple one. 1t was a question
which involved human liberty, under and by virtue of
the law which the Court was bound to render to every
he repeated, and he would undertake to say that he
would before he concluded his remarks convince the
Court that they bound to discharge the writ Of
hsbeas corpus By the laws Of the United States the
boy owed allegiance to the State from whence he had
Aed-he restrained a fugitive from service under
State he was held under the laws Of Georgia. a fug
tive from service in from services under Charles
Chapman the master. In relation to the word slave
ry the learned counsel mistaken in supposing that
any such word existed in the constitution The law
erred he commended indented apprentices who can
be claimed under it should they become fugtves from
mark to what had fallen from the gentleman who pre-
ceded him, who said there was reciprocity between
New York State and Georgia. H. commended that there
was reciprocity existing, and master here could
claim there, his fugitive apprentice. All these how
ever foreign to the before them. They had
the facts conceded that the boy claimed here was a
slave in Georgia but they had it further admitted that
he concealed himself on board the brig Mobile, while in
the State OF Georgia and that without the knowledge
Of the That, he while the high seas, SAID
vessel being without the jurisdiction of Georgia,
the 18th Of October last, discovered himself and ad
secreted himself board the Mobile which the
respondent is The return went to aver that
had
dence Georgia had been slaveholdiDg State and the
different colonies before they became free States all
cognzed the institution under the comfy that existed
amongst them. When they threw of their allegiance
foreign power and articles Of confederacy were being
discussed they met form a constitution This ques
ton was then much agitated and the result was com
promise between the friends and opponents of slavery
Before they became confederacy should be borne
ind
MES, and all the States originally slaveholding
States The South had then yielded muh the North
by entering into compact, that from the year 1905 no
slave should be admitted into the Union This was
large concession the part of the South to the North
The learned counsel after further contendng that they
bouni to discharge the writ of hdbeas corpus
to say that Judge Story 626 r. r. had settled the
question fully showing that virtue Of the police power
sent law Of the state. The state OF New York had pass
ed act which made duty to bring the fugitive be-
fore either the or Recorder and the captain there
FORE bound bring him before such tribunal under
the law With regard to sympathy they should throw
sympathy to the winds where they had to deal with
constitution under which they lived and which hsd with
stood the storms Of sixty years; which was the
demned the institution yet he felt the cou.eousnsss Of
having performed his duty 10 unfolding the constitution
Of his country.
Mr. WHITE replied, and chiefly applied himself to the
constitutional question in relation slavery The
csme before them in q mere nsked form and in such
wsy as the not o. me a gu
siave-no legal claimant, and they had not even the
naked signature Of the alleged owner claiming this slave
There nothing before the Court to show that he
slave at ALL there authority from the master
the attorney the agent to justify the detention Of this
coored boy And he would undertake to show that since
1913 the Legislature of New York had power to legs
late at all the question Of slavery-no power to re-
cognze the institution ofslsvery in any State outside the
limits Of the State Of New York to pass any law in
ation to the recapture and delivery slaves He cited
the of :" Hill LAVE Washington Reports, p
327. in support of his position, which says expresly
The power in relation fugitives from labor excu-
sive in the National Legslaure;' and went on to
tend that the State OF Georgia the State of New York
had power pass any such law without the consent
of the Federal Government could be shown taat
passage of this law met with the Of the
federal government The law was, therefore, in New
York nullitysnd void upon the statute book; it
was dead letter; and in relation to Georgia. her auho
rty did extend under the laws Of comfy the State
New York They did not entte her to have this boy
delivered up there reciprocity to entltle her
TO il; and her laws therefore, could apply beyond
the Jurisdiction of her State. After repudiang all
idea ofdealipg with the question question
Of law and after contending that the institutions
Of the country ought TO be upheld, he repested
Al l~k~- r. a..