The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-14

ugtves under the constitution or ts United States the
third fourth and fifth sections except certain slaves be-
longing to immigrants who may continue to be held
spprtntces the seventh section provides that families
coming here to reside temporarily may bring With thcm
he TAXI away their slaves and the sixth section contains
/ ANY p,rson being an inhabitant OF this State
wto .hall be travelling TO FROM ps-sng through
BY him in slavery and may take such person with him
nom this State; but tn. held in slavery shall
not reside or continue IN this State than nine
moaths and uch residence be continued beyond that
| time. suoh person sball be free
Such and bsd always been the law Of this State
down 10 the 1Ssi. The Legislature of that
pessed act ending the Revise statutes In the
losiDg woros, via: The Sd 4th 9th. OH aud TIN
toDs oi title chapter 20 OF the frat part of the Revised
| Statutes are hereby repealed
The6th section Of the Revised Statutes and that alone
ooUtsiued an exception which would have saved ths
slaves CT tie respondent from tho operation Of the r.t
ttcion The Legislature by repeating thai recton and
esviu the first in full force have ~ regards the rah
Of thee people and OF their master made be absolute
Free sad that not merely by the legal effect OF the
Iesre statute but by the clear and deliberate intention
cf the Legislature 1t Is impossible to make this
clear than by the language and evident objects
Of the two acts.
words imported introduced brought into this State
IL The lat section or the kevised STATUTES meant osy
Introduced Or brought" tor the purpose of remaining
here. so they did undoubtedly shen the Revised sts.
rues were passed for express exception followed in
The 9TH s,ot'on giving that mesning TO the lss Aud
sben the gature sfteTwxrd repealed the 9th Section
they entirely removed that meaning leaving the fret SEQ
top and int nding 70 kaye It, TO wba, it.
Pilot and unresevvd and unqualified Language ports
NOT thinking myself called upon to trea' .sis
caruist or legislator have eDdeavcred simply to dis
charge my Guty judge In pretpg and plyng
tie Laws ~ find them pid not the Law 60 N
clear might ferl greater greet that have been Obliged
TO dispose 10 hsstiIy Of case involving such important
Ny Judgment i. that the eight colored persons men,
tontd in the writ by discharged.
when the Judge concluded there a wild burst Of
'Ys yas" cheers knocking OF sticks against the oo
NJ Iadi
present which respooded to by vooerous hur-
tom these Of the assembled beneath tho
windows in the Park After several ipeectua orders for
silence the officers at length restored the court to its
vonied serenity.
Mr. Letapeh counsel for the claimants rose to say
That the important corstq OF the decision which
bis honor bad just delivered could doubt He did
nov any other purp than TO m AXE propo-
ton 70 tbs counsel the opposite side As honor
to grant stay OF proceedings and the remci
must he sought oy cernGi before the supreme Court
that II the will ug act fairly
they viii not object TO enter into stipulation tnat
ttose tsh persons remain in such pisce they can bs
fduDd until she Gecon OF your honor Is reviewed by
sro her tribunal thick they to act fairly thcy
viii do so
Ms. Cuiyer--I DO not know What stipulation We can
enter into but viii 90 everything in my power to tsc
htete the Peptlennp IL " my desire e. the Sd
pr'ne Court with this and declare that 1t is
nton that these people shall la this State
wheIeth.y will b. subject TO the decision Of the 5upre
Court bir Culver then said that be rejo,ced that In
t62 such cbsrgs had taken aud that br clisnts
might be classed suorget the psooie Whilst no ad
niiteo that bard Ter the claimants to all their
property would be still htrder for his clients wrk
all their days t harder still for Of
them to have hsd hr husband sold awsy from hsr for
the last three yUsrs that she does knoW where hs
E. Deep sighs from the colorsd iAdies)
ME- John Jay, volunteer aboiitcDst coun ei ss'd hs
dd not inow what s'ipus'iop thsy would enter iuo,
BE bad no POKER over these p,rson to compel them {,
remain foI the decision of any other court: bul be you'd
sdd that y be bad the he would de-
cline 70 exercise It, Suppressed Indications Of approval
On the art Il bs co'ered audi orv)
NJ Lepsugh coDsderrdi case In which the State OF
ceYneo-the rsbt az Que 20 its m the
abt OF the otrsr 10 set free Tie oouid no. for
Frt huse 20 isr ~ indngs h' osn feel,ngs n. hsd
70 crafty bus those which will uphold the Law ami
the ocbtti,utop
The Cous remarked that here nothing futther
70 b8 sSd in tbr cns, tue parties di cbirged
0tservs tcps of unel would only LEAD replies aud
thus cscufs'eu would Unnecessarily epsue. SO fer
the CcuI ccBcThsd his Garnet 6tsire thst tina
6nsi tribunal of the state thouid pass the question
hut he bsd roth pe 90 dc with that
MIR LepsUEh asked the ccIyt 10 allow rhe oam ants
hsf hours conrtrsstiou sitb tbpso persons s~sy
from the pusp that surrounds theu to enquire
II they would not be willing TO leave tbis State with heir
msstaTs
Mr.. Culver had no objection bat III couuse had al
rsoy asked them 10 open court ana they s.d that they
prciefied freedom TO fcSss. Az the court hs0 is
ccso this matter In favor OF bis clients he submitted to
his honor that they we're entitled 20 costs
1bo judge said think ths Of great harish, ou
The do great good fort the other psr
il sre IN the ccrtion If the court should
withheld them. IN my bunb- ooiDior. the aim ,nis
guilty of no fsut in bodns tbee eiave ip virSuis
decide tie cause according to the laws Of thi, state
ana not M to the laws a. Virginia
NT LepsuGh-t am glad that the gentleman asked for
eotr for 1t boss The spnt in which he and those With
him bsve scteo In these proceedings.
Tie Court sirs0 That the observations ofcounse
lee directed 20 future proceednes in ths should
they would cali forth r.pIics and would tend to
ufees sB0 nODecsstsry controversy
Ar Jsy bad one observation 90 make 1t was uoder-
stood tina. committee ~ gentlemen appointed To
rsise furd for these psrttes 10 t them for their
srAte at freedom by the proviioa Of the sc ths Court
rss empowered to sos cnun ei fees p tbo- ssses d.
did desire fer himself but be asked his honor to
make such order tbs. might ad led to the fund be-
ing rsis. O fer these parties
The Judge ,sio he ~ocid take thai into conderston
II wns not necessary 20 decide upon 1t a. pre,eot
1bv court rom then cleared sUa the olsmsns
eopduced by stables through the vast throcg Of
coiond people who however, did 90 msnest auy inrii
nation 20 Olcst them Though there some fsias
nu'mufs Smo.pst the ~oDsn In the mesu,im-, the
revly smanops,ed slaves were carried in tramph by
her fIends and ctiored eymratn'zers to carriage
sb ch IN waiting for them they euser.d the veh
cler oG In oh ami the aud shouts
II buncred of boys spd whist tho poor aud
broken spirited owners wstkef through the Park lament
ing that hey bad wi hin he Sac OF New York
With heir slaves