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

. property in slsyes. And they also hold that, ever
where slavery essblished BY the local law
not heve that full and absolute property In person
which he may In an iDsninste thing (Pufandorf b. o
CHI ss II can scarcely therefore be ssd that when
wrissrs ON the law of nations maintain that strangers
have right to pass through country With their mer.
chnndse or property they thereby maintain their right
But the property or spoken OF by writer's
on N. Law Of nations which the stranger msy take with
him being mere inanimate things have rights
and the OF the owner all that b. thought Of
1t therefore Necessary to look stN further and to
what The state OF things by the law OF sect
ing the rights of the slave when au owner ends himself
from peccssty vi his ssve a country where slavery
h not isgsl'md or is not upheld by law
1t 10 generally supposed that the freedom OF the
om slavery is the boat of the OF Eng.aud
sDd thst great truth brought TO light in Sommec
fctts casc. This ia not 80 Lord Msnshed was by no
neanA go far ~ The rest Of the world Is the
pioneer Of Freedom. wba'evsr honor there may be iu
hasipg rst aer ed that slavery by the
of nature but Only by force of local lac that honor
among nooein No ions belongs France and among sys
tens OF jaisprucsBce TO the civil law The OF sem
persett did not occur m she year l772, and in 1888
care aros~ In France in shch it held that negro
tiave became fire. by being brought into France Us
Causes Ceebres d9
But 10 truth the discovery that by nature MI men are
free belongs neither fnplapo fr ancs but old
snois mt Rome and the Law Of Rome edls
tta all men by nature are free ana that slavery sub
eist only by he hws Of the State. (Digcsts B. 4. L.
d. b. Its 40
The writer's on tho law Of natious uniformly MAINTAIN
the same cpl- VIE that by tho Lag II nature all
rem tree ard that where slavery 10 established
aud Upheld hy The Law Of the state thors be
slaves lGro,ius y. oh %, IL uobses Do Give b l.
Oh. %. Pueheof (Isarbeyrac) DrOit DO IL Nature
3. ch. 2 8 2, b. o, Gu. 3, -
shs same vrters asO hold that by The law of nature
one Isce of ntn Is no mere suhct to be iedu,ed to
slavery than Other races ffuf,n1off 8 oh. 2 81
When We are coByd1iing a master aud slave ic free
STATE where tiscIy Is not upheld by aw must take
how they respectively to bo dealt with according
To that lns oi IL ~i DO remembered that the master
can nov CLAIM nothing except virtue OF the ,s~ OF
ture lie claims under that law ight to through
the country That sa~arded 20 nm Dpt he claims in
addition to take his save with HIN but UPON what
erouDa? That the slave is his property By tha ram,
Law, however under which he himself claims ha.
be tor the Law Of nature says that there be pro
perty In Q slave
We lock eth further to zee What Is to be done
with the claims Of the slave There heiag Law
but the Law Of nature the slave all rights
under that we'll a. the aud IL liz Just much
the aves right under that to be Free itisthe mssrs
to par through the country very clear th sref,ro
thst tho alave has aIght his Teedtm tina, the
master cannot have right to take hi0 with rim
As the oed by thu resp oosssel sli rest
the masters right OF transit exclusively ths law of
nations and admit that he cannot have IL uoder any
other law have thus followed that ve~ perbap
unnecessary length in order wond ieAt
In order sny pprehenon to the de ty
Of the law of nature aud the Law Of nations will oose
my observations upon tus part Of ths with
upon that point from vatttl. (frcmissries .. o }
of nature applied 10 nations /"
ought also to ncti,s here that the respondents
81 upoS rbe authority Of the in Illinois that
this right Of transit with slaves IL strengthened that
clause In 'he constitution Of the United vboh
ciaes that fhe citizens Of eacb stats shall be eatsi
To all the privileges and mmuni.s OF citizens IN the
several States" The in Indisna ,he other I'D
rays expressly that the right does not upon
think this remark must have found TIA way into the
opinion Of he Juega VITO dGcised the Illinois oa-o ~h
out due constellation | have always underetoad inst
pIovrifno the cobfitutinp to mean Int far
thif csse Is tnoerDtd) that oitiz.n who absent
ftn btt own State aac in e0me ober state entitled
wbie there TO ali the privileges o The citizens If toat
Etae Aid have never heard a asy Other or different
meaning btDR given 70 IL 1t would be TO aav
thst while in th. sister stae he il entitled 20 all the pr
yhege gfcueo to citssns By the laws Of M the
ssss@sssf - str-oss ssxsc fcf ynxy wyt be to
fruId sl territorial limits and give To the net
cny an entire counun,y but = perfect confnssoo Of
lsws If I'm right iS thu view OF the mstt-c the olau
Of the constntioB relied epon hello respond
ent for IL he Is eoteo whlo here to those prvlex
only which the citizens of this State possess cAnao
held bis slsves.
nust aLo here notice somc ot er sosilsr Rrcusds In
sist.c upon, by the respondents cguuzsl.
Hv cites Fstt.l On 2. oh. SD GO provo ths. the
goods Of sn individual ~ regards other Ststes toe
goods u his state have aready shorn that by th Law
II Dsture about which alone vxtri is always spe.krg
slaves not goods; ana msy sad that what Waited
s.ys in the pssta- 20 which ne rsfers hsno conuso
tion With the right ot tran it through foreign Bty
Besides in the from l'nois referred 70 by rsp,ed
eBts ccnDsel the Coust distinctly deosre (Wiiard
People, Srsmm0n's hsp 471) that they samuel SOS
the application to TINS Of the natl ela
tion To the dvmic OF tie fixing tho cond oa Of
ana .eoor0s ne right Of prope,s, In this es'e aa -
spa ou obligation OF comfy TO repect and enorcs that
right"
visions Of The constitution o. the United States which
lac 10 fugitive slave. and the rgu' I'll
aUotg the several States WITH Isgstd tie fest OF
these pov'iops woioh the counse uets recognizes
gives property IN slaves it ~ sufficient to say hs. s
trough The s~ OF the land IN resp e. fugitive
eav"s and IA sucb entitled TO uoquestoUpg OJedcace
hom all II Is 20 far everything .s " the
If there yo,isions in ths cnUs-itu
tion 1bl, hae been 80 held Ia ca es simost bout
number In heI1 10 OF the tb, cited by
the respondents counsel and upoa which have bsfo:o
commented
As for tie provision of tho contribution ia rel alton TO
comnsrc tue States i has been often hId thst
not VI lhs'anoiDg hts provision the States hsvs tho
power impisdy 7eervtd 70 them Of passing ala suon
laws may he necessary for toe puCervstou w,an
state OF health order sDd the veil being OF society
laws vhrn src usually csed anaye ava police reguis
tons Passenger cares Howard A. q. 2sj. License
cae's In. 60s; Blscktird Cre.k Marsh Company Pc
ter, 2tO, N,s Yoik Va Min III Peters l3e Brown
state Of Maryland u Wbest 40, Groves Sisushtar
10 Peters 6I.) Laws regulating entirely aboishny
slavery or BIDDING hs bringing u slaves oox 5ste
bcepg TO ibis cssr " laws ard right 20 those
is not affected by the con-titucu this Unied States
gDs view Of tbe subject Is taken 10y the three upon
which the council mainly relies And IL all tni,
were not go spprebend that the constitution sviYg
undertaken to guls,e both external sud internal CON
In savet by certain distinct and specGc prs
yons vz tbos, Ia rela the imp rtstion
from abroad ard the return Of fugitive ssve) has there
by taken the element Of slavery out of these gears
provisions in relation To commercs ard having eg,ated
separately upon the subject Of slavery to very limited
extent sDd there stepped has thereby sho.n us ineu-
tim dpoe sepsrst.iy and completely OF that subject
Ter IL TO be disposed o aud has not left TO Con
grsta any power over II under be general PROVISIONS re-
Giirg 60 For, under sny other view of The
subject the prosions in relation TO the importation Of
slaves and to fugitive slaves would be entirely supcrnnous
IL the constitution intended TO give Congress
slavery by the gtnersi provision IN restoN
that rro,iecn is of itself quite hcieot by ts
letter or terms 20 .nsoe Conssss 70 do all the. they
pscisy empoweredt 40 oy the csuses expressly rss
iog TO slavery and as sn express poeer takes away
power which lnieht otherwe ne tacly implied think
IL bss clearly done = in this instance. =
IL remains for to consider how far the local law Of
New York Affects ,bis and distinguishes IL from the
casts In Indiana and Illinois -es
To go beck brst TO the right Of trankh with saves
II is claimed TO exist BY the natural Law: appears 10
be eettled in The law Of paons that right to transit
With property not only exits but that whe such right
grove out Of necessity created by the Sysr it
perfect tight and cannot BE- lawfully rofued srau-
ger vsttel Is 2 oh. o. g. La. ID Prelilninafies IL
PueDdorf ID. g. ch ss In this csss il, Is in.istsd
that the ponoent here with his dave ffom
admitting thst s,aem mt lis perfectly true tina. the
demurrer acnsts whatever II veil pleaded 10 the return
But II the return intendex stats necessity created
by ths tfs ncje,, IT hsS pleaded u tadg for csiy al