Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1847-12-29

We surrounded the rancho, took five
prisoners Zone of whom had on the cloth
ing Of a soldier belonging to d Coz and
found five more that had fallen by our
fire. One admitted they were all guer-
riIleros. We found in the rancho large
quantity of cartridges, packages of dry
goods were opened, which had cartridges
packed in the centre. | had the rancho
fired, and burned every thing in it. The
five prisoners preserved logged silence
as to the fate Of the four men belonging
to Company D, and had them shot.
All of which respectfully submit.
GEO. KERR, Capt. C Co. L. NV.
To Col. w. F. BIscoE, CONG. L MV!S3
DECISION IN A SLAVE CASE!
We copy below, from the Charleston
Globe, the legal opinion pronounced by Chief
Justice WILSON and Mr.. Justice TREAT,
at the October Term Of the Circuit Court
Of County, Illinois. The opinion was writ
ten by Judge WILSON, and will be interest
ing to those who have occasion to stop te NJ
porariIy or permanently with their slaves
| IN tnat State:--,tlO. hep.
| "Jane, a woman Of color and her four
children, were brought before Chief Justice
Wilson and the Hon. Samuel r. Treat, AS
snciate Justice of the Supreme Court of r.
iinos, on writ Of habeas corpus. TO be re-
leased from imprisonment as runaway slaves,
claiming their freedom which was res,s ted
by Gen. Robert Mateson. of Bourbon coun-
ty. Kentucky, he claiming said colored wo-
man and children as his slaves.
"Ths case was argued on behalf of the
woman and children, by Hon. O. u. Fickin
and G. II. Constable, Esq; and on the part
Of Gen. Mateson, By U. j.. Linder and A
Lincoln. Esqrs.
:Chief Justice Wilson delivered the fol.
lowing written opinion.
ut is admitted by counsel that Jane and
her children were the Saves of Gen. Mate
SOD. in the State OF Kentucky, and that he
brought them to Illinois. The question
submitted to the court is, whether, nnde,
: the circumstances Of the case, Jane and her
children have acquired their freedom, or
whether they still owe their services TO Ma
teson, and are liable to be removed out Of
tho State by him.
The dispositions read in evidence con.
tain much irrelevant matter, but they. anC
following facts, viz: that. in 1886. Ganera]
Mateson was citizen Of Kentucky, and the
owner OF farm and twenty odd negroes
that the same year he came to illinois. pur-
chased n tract of land, and made q fern,
which he has ever since continued to cult.
vate, about half his time has been spent
here since he first can to this State. bu,
has always claimed to be q citizen of Ken.
4
date for the State Senate for Bourbon coun-
ty, in said State, and always voted there
except OF two occasions. when in 1910 and
1874 he voted for President aud Vice Pre-
sident in the State Of Illinois. Several times
he brought some Of his negroes from Ken
lucky here, and after having kept them up
on his farm few months took them back
to Kentucky. aud replaced them with 9th
ers. In 1915 he brought Jane and her chill
drcn TO this State; since then she has lived
upon his farm in the capacity o'hoasckeep-
err. Mateson consequently expressed the
opinion OF Keeping his negroes here but a
short time--said that he only stopped them
: here until he could get ready to remove them
TO farm in the western part Of Kentucky.
1t is bot ju.t to Gen. Mateson to say, that
all the testimony shows him to be an ex-
tretnely kind and ndulgent master, and this.
he showed every disposition to submit to the
result Of an adjudication upon his claim -
These are substantially the facts of the case.
1T was argued with unusual ability By
the counsel on both sides, and regret tina,
the press of business will not allow me to
present the positions assumed and the ar
] gumei,te in their support.
1.-The abstract question of slavery affords
4 wide field for discussion, but it is one
which does not arise in this case, nor nre we
called upon to express an opinion, either
upon its morality, or policy. 1t has unfor-
tunately existed from the earliest period of
which we have any account, and oven the
/ philanthropic spirit Of the present age,
4 which se.s strongly against it in one form
is often found tolerant oft in another. For
it cannot he disguised that the loudest cries
for emancipation, and the fercest deDuncia-
tons against the stakeholder, are heard
from the people of that nation, whose cupi-
dity first planted slavery upon our shores,
in defiance OF the prayers and protests OF
| the colonies. and who now hold tenth Of
the human race in q state Of bondage as on
erous as that Of the African.
Slavery is unquestionabIy 20 be deplored
as great evil in any form, and by none
i
with their political institutions, that any
rash and injudicious attempt to remove it
might endanger the whole structure. The
removal Of this deforming feature from our
fair and happy form Of government, would
leave it almost withou, a blolnsh; but until
means can be devised BY which that can be
done with safety aud justice to all parties,
it is the duty Of ev.ry good citizen to con-
torm TO the constitution md the laws ofthe
United States, as they exist; and the courts,
| by carrying them into effect, in tho spirit
which they were adopted. will show cue
respect to the institutions ofour sister States,
and at the same time yindicate those Of our
own.
according to the principles Of the com.
mon law, and also Of the law Of nations, no
obligation is imposed upon sovcrcignty, or
| the citizens Of one state, TO resto-e nfugitive
escaping to il from the Jurisdiction Of anothl
er. I'le law ofstayefy il a muDici pal reg
uiation, ssd local in it's operations; sgreea.
bly,. ,hcrpfore. to tbs principle of national
-snd common law, the rights Of the master
ceaae. n nd fnA ataca hppumna frao tl,o $40