Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-08-06

anything Of the spirit Of freedom, and OF hui
mainly, we may at leastexpect OF them some
knowledge of law. Judge Story, in deliver
ing the opinion of the Supreme Court, in the
Prigg case, said "Dy the general law of ma
lions, no nation is bound to recognize the
state of slavery, as to foreign slaves found
within its territorial dofuinions, when tits in
opposition to its own policy and Institutions,
in favor ofthe subjects Of other nations where
Slavery is recognized" This covers the
whole ground Of the present case. The de-
cision Of Judge Daily, then, is in direct oppo-
sition 10 the law of nations. as well as to the
statute-law Of this Stale. But Judge Story
proceeds: ''If il does it, it / IS as a matter of
comfy, and not as a matter of right" Does
any such comfy exist between the United
States and Brazill There is nothing of il in
the Treaty, unless it is TO be taken for grant
ed that the United States means always I'M
der the general term Of property. TO include
anybody and everybody, as slaves that other
nations choose to declare such. Our Fede-
raj Government, we can readily believe, has
always been corrupt enough to make treaties
with such a meaning, but till it is bold
enough TO declare so in express terms, every
tribunal is bound to give 10 its words a con-
strurtion favorable to freedom. "The stale
OF slavery" continues Judge Story, sis
deeme to be a mere municipal regulation,
founded upon and limited to the range Of ter
rltorIal laws" And this is not only the doc
trlne OF the Supreme Court Of the United
States, but it was fully recognized in the
Somerset case, and has been in other decis-
ions in this country both North and South.
But not SO, thinks Judge Daily. The slave
law takes the place Of the law of nations, ac-
cording 10 his ilonor's decision, and a brisk
trade in human flesh may be carried on with
impun;;y between this country and Brazil, or
any other slaveholding nation, if that doctrine
be correct.
Daring the trial Of this case the question
was raised whether these slaves were not a
part of the crew of the Lembmnca, and as
such, rightfully detained on board his vessel
by the Captain. That they were. in a sense,
a part of the crew, was admitted by the coun-
sci who acted for the slaves during Mr.. Jays
absence. We know that this admission in
fluonced the decision Of the Court. But we
do not know the latitude which a Judge usu-
ally allows himself where n question is to he
decided under a writ f habeas corpus. We
are certain, however, that these persons were
brought before Judge DAILY, as slaves. The
return to the writ admitted that they were so
held. and claimed to retain them as such I'M
der the treaty with Brazil. Whether these
persons were iightfnlIy restrained of their
freedom, and could be legally continued in a
condition of bond ,ge, was, as we take it, the
real and the only question before the Court.
The counsel might amuse themselves with
any number OF questions. pertinent or lmper-
tinent, but We are accu stoned to look to the
Bench to decide what is, and what is moi
law, what is and what is not german to the
point at issue. One thing, at any rate, is
certain,-Judge DAILY returned the men to the
custody of the Captain Of the Lembranca.-
Did he return them as slaves 7 Then the
imperial power of our country has servants as
faithful as Jetireys and Scroggs proved them
selves, to he to their royal masters. Did he
return them as seatnen! They were before
him as slaves,-they were claimed as such
and under whatever plea they were remand
ed 10 the Captains custody, the Court wei
knew they would be received as slaves, wht
had presumed to be men-a slaves wors
crime-by an eXasperated master. But i
the question of their being seamen Influenced
the decision, why was not the evidence o
the fact produced Do Brazilian vessel;
carry no register Is there no method where
by it may be shown who legally compose
the crew Of a vessel! And, is it beyond thC
province of a Judge in a State where Slave
~ has no legal existence, to inquire wheth
er a slave can make a contract, as well a.
whether he has made one in q given case
Here ara important questions. Have TIVE
mentor aught we know, native Africans
been given up as slaves upon the claim Of
Brazilian Captain9 Or have they been res
torcd to the vessel as seamen, when no proc
was adducod that they were such, while i
,cas known that they were slaves, and coul'
not ha - hAan u fraa rar4xv q, aUr. aAptrnaf D.
make them 1t is q black case loo'
at it as we will.
t The best, however, and indeed the onl
pallia,ion that can be offered for this decisio
2 is, that the men were actually returned a
Q seamen. If we cannot believe that an
: Court could be found north Of Mason an
DiXon's line corrupt enough to render u
men claimed as slaves under the laws {
{: Brazil, it is because we are sure that one ha
t already done so through sheer ignorance, lie
away from the true issue by a cunning law
$ yer. This, however, does not alter the fac
:, that these menare slaves, thatthey were receiN
o ed, and put in irons as such on their return
the Lembrdnca, and that nothing hut the mel
assertion of the Captain was asked for as eN
idence of their being seamen.
q But that such a decision has been given
q this city, will appear the more astonishin
when it is known that Mr.. Jay was presen
a and endeavored to enlighten the Judge
IT some degree as to what was the nature of II
case before him. The attempt was utterl
k futile. That the Captain wanted the nigge
IS aboard-ship, seemed to be the end of the j
1t dicial knowledge of the Court. Not, we
d not mean, that it descended to any such NJ
dlgnlhed language, but such seemed to be Il
: spirit and morality of the decision. Mr., ia,
n as attorney and counsel for Jose da Dosl
and Jose da Roche, excepted to the decisic
oil the Judge on the following grounds, for
G copy of which we are indebted to Mr.. ];
10 himself:
b l.. That the said parties have a right to
it in a matter involving their life and Iibert