Weekly national intelligencer., 1848-10-28
IMPORTANT SLAVE CASE DECISION.
The Philadelphia North American of Tuesday

The Philadelphia North American Of Tuesday
says:
The Of Lewis Pee alleged to be the slave Of Robert
Tghman, Of New Orleans up again before Judge King
Of the Court of Common Pleas a writ OF habeas corpus
yesterday morning After the had been fully argued by
Mr. 0Nie for the MASTER and Mesrs George and Thomas
Earle for the alleged save who claimed under the laws Of
Pennsylvania to be relieved from the restraint imposed upon
bis liberty by the claim OF his former MASTER Judge King de-
hvered his opinion, which follows:
The Constitutional question raised in this case is free from
real difficulty. The State of Pennsy vana, like any other
independent sovereignty has the clear right declare that
slave brought within her territory becomes pso c,o free
This and is principle Of the law (Som-
ersets case State Trial. VOL 90, and in asserted by
the tenth section Of the act Of 1880.
Penns retains all the rights Of any other sovereignty
which she has not ceded renounced in entering the
national compact which binds this Confederscy together II
she has stipulated any thing in that compact which limits her
otherwise penary power in regard the passage Of such
law the ac Of ls47 then Of the OF Assembly
the United States.
This restraint the plenary authority Of the State il il
exists at ALL is to be found the third section Of the fourth
article OF that instrument which declares that person held
TO service labor in State undcT the laws thereof escsp
ing into another SHALL consequence Of law regulation
therein be discharged from such service labor bot shall be
delivered up claim Of the party to whom such service
labor may be DUE"
Il difficult argue that this section, which is
stipulation TO surrender fugiives from labor escaping
from their in State into another has any relevancy
TO the right OF State 70 declare co slaves brought voun
tay into her territory by their Where the master
of his motion brought his slave into free State The ope
ration Of whose laws he bound know what ground has
he to complain IL those laws give freedom 10 bis slave
II his which has produced the result and for
all the legal consequences Of which he must ocoue respond
Has such of things any thing with the case
in which slave has against the will and without the agency
Of his master fed from his service in State and sought
shelter and protection in another This the case intend
ed provided for by the 81 section of the 4h article Of the
constitution the United States And undoubtedly Pennsy
yans bound 10 the faithful execution Of this as Of all other
obligations imposed herself in becoming party to the Ma
tions Union.
But when Pennsylvania stipulated with her sister States
deliver up ugives from labor fleeing from other Sa,es and
seeking shelter IN her territories she certainly
deprive herself Of the right pertaining every independent
sovereignty to forbid the voluntary introduction Of slaves into
her territory by their owners under the penalty OF their being
Immediately declared Free Such remuneration OF her natural
and inherent authority independent State neither be
inferred from the latter spirit Of the only article Of The
tional constitution having any relation TO the subject
The principle seems clear The petitioner has been
brought by bis into this State where he has served him
for time. BY being thus brought voluntarily into the
State the petitioner became pso acto free The right Of
ouners their slaves for six months given by the act
OF $780, having been expressly repealed by the act OF s47
the case stands on the law and the general prov
sons Of the Of 1880, which gives freedom to slave vo
unary brought by his master from another State into this
Commonwealth. The prisoner is at liberty to 90 where hs
pleascs.