Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1848-11-10
Reported Jor the Pennsylvania Freeman.
First Slave Case in PENNSYLVANIA, I'm.
der the New Law Of lS47.
Curt Of Common Pieas-bJ0re Judge King

Lewis Pierce, an alleged slave. appeared
before Judge King on Monday morning, on
a writ of habeas corpus, complaining that he
is restrained Of his liberty by Robert Thigh
man, and asking 10 be relieved from such re-
siralnt. The case is this.
Robert Tllghman, a wealthy STAKEHOLDER
OF New Orleans, arrived in this city about
two months since, bringing with him his
slave, Lewis Pierce, 10 attend him as his
servant, which the latter faithfully did, until
the 18th inst, when he left his master and
sued out a writ of habeas corpus, for the pur.
pose OF having a judicial decision that he is
free. AS the question Of the constitutiorali-
~ Of the most honorable act in the code of
Pennsylvania was agitated, the case acquired
a new interest, apart from its involving the
liberty and happiness of the petitioner. The
points raised by Charles O'Neil, counsel for
Mr.. T%ilghman, were:
LIST. That the writ OF habeas corpus be
q%nashed, because the petition on which it
was founded did not state the nature Of the
alleged restraint, with sufficient, clearness for
The respondent to make reply. This was
overruled by Judge King, who said that the
form of petition adopted in this case has been
the form in existence and practice during his
entire judicial recollection, a period Of 81
years. IL the petition states that the man
has been restrained of his liberty for no cri-
minal or supposed criminal matter, and sus-
tanned by oath, it has always been consider
ed sufficient. Suppose the man is restrained
without any cause being assigned, how could
he then regain his liberty. The ground re-
sides in the bosom of a party who restraints.
IL there is no restraint, the answer 10 the pc.
%tiloner, who says, "you restrain me Of my
! liherfu ~ ic 6 do mi Won ma m "
Mr.. Tilghman then made return to the writ
in substance as follows:
That the said Lewis Pierce, by virtue Of
the laws OF Louisiana, is his slave that he
did not restrain him of his liberty al the time
Of the service of the writ, nor has he restrain
ed him at any time since. Thomas r. rle,
for the petitioner, commended that this return
was ~evasive, and intended to prevent the ha-
beas corpus act from having its beneficial OPP
Grafton. Judge King said he thought it was
e~vasive, and on MIR. T%ilghman's amending
his return, the case was opened for the alleg-
ed slave by George II. Earle, who read the
Act of l8i7, repeating the section in the old
law Of 1880, which gives a right TO slave
holders to retain title 10 their slaves for six
months after they come here, and commended
D y. these Acts only were necessary to settle
the question that the slave was free. MI
O'Neil, in reply, admitted that the slave was
already free by these Acts, but objected 10
the last law of The Sd of March, lS47, as UNI
constitutional if it were not so, then the ha-
beas corpus ought not TO have been admitted
as the slave was under no restraint. If the
act of I947 is constitutional, Lewis Pierce is
already as free as any Court can make him,
and the writ Of habeas corpus was only sued
out for the purpose of prejudicing the masters
rights out Of the State, and iniuring a claim
which he might have in the State of Louisi-
ana. Thomas Earle in reply, said in sub
stance This is not a question on which diff
ferent persons can reasonably entertain differ
ent sentiments. The act of 1850 was enact.
ed, as its preamble says, in a feeling of alb.
horrence Of a condition of bondage. This
preamble, written with a degree Of feeling
rarely displayed in the Statute Book, says
that they deem ita peculiar blessing that they
can remove the sorrows of those who have
lived in undeserved bondage, and that slave
ry was an unbecomlng attempt 10 counterac'
The mercies Of Him who extends his care and
protection to all his creatures alike. 1t is q
law enacted under a warm anti slavery feel
ing, by men who felt their own narrow es'
cape from bondage. But standing in a pc
culiar relation to other States, its effects had
been limited and restrained by the six months
clause, which was evidently passed to pre-
vent the local law of freedom from entirely
annulling the law of foreign domicil. Now
67 years of progress had brought 10 US the
law of l947, and the six months clause was
not only repealed, but il was made a pena
offence for a State officer 10 interfere in re
turning a slave. The law favors liberty mort
than property, and the common law is tina
a slave brought into a free country was there
bv liberated. If Mr.. Tilghman could hole
Lewis Pierce here for two months, nothing
would prevent his being held for ten years
and SO Pennsylvania would be no longer
free State. Mr.. Earle then read a number {
decisions, which showed that the act OF lol
was %entiiely constitutional. The case of Blu
Ter VS.. Isaac Il. Hopper, who knew more LAY
on this subject than perhaps any lawyer, wa
mentioned as directly in point, the questio
there being that the Constitution does not ca
s tend to the case of any slave voluntarily ca
0 Tied by his master into another State, an
there leaving him under the protection {
some law declaring him free. Even II Lew
: is Pierce should return to Louisiana. he woul
a probably be declared free by the Courts c
that State, there being a decision OF one q
o them that a slave carried 10 France by hi
master, where the law Of that country eman
I cipated aim, was, on his return to Louisiana
: no longer a bondman. Judge hing deliver
ed an opinion of much power, as follows;
4 The Constitutional question raised in Thu
case is free from real difficulty. The Stat
: of Pennsylvania, like any other Sovereignty
has the clear right to determine that a slav'
: brought within her territory becomes iPso lac
, to a freeman. This was and is a principle
J ct the common law, (Somersets case STAT
t Trial, vol. CO., and Is in terms asserted oI
= the 10th section of the Act Of 1880:
= Pennsylvania contains all the rights OF any
p other Sovereignty which she has not cedec
OF Ienounced in entering into the Naloha