New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-15

"for DO we give any opinion upon the case, where
az owner CT slave IN State J. bona "a removing 10
another safe where Slavery acsed snd in doing
net ~ ssTiy passes through STATE where By &c
tidenr or nece,tify he Is compelled TO touch or lnnd
therein, remaining no longer than necessary
have quoted largely from tie opinions inthesc case
Ia order lat msy be Understood clearly Whist il pre-
serted by them their governing principle 1ae re
spcnGens counsel insists Il s tits; That by the law Of
nations an cwHCT Of a s.sve may either from ssy
ar ip h,, absence of all intention remain, psss wih
s,rh slave n rough State where Slavery Is not legal
ired on his way from slave state - another and
hat urng ,uc transit hrou the Free State the slave
csunot A, ssrt his freedom
admit ,ha, his II the principle OF these cases, and
row Dr. pose Z; consider IT, Each case denies that the
ri M OF tran il can be- derived iOn the provision OF the
Constitution of the Uuit,d states respecting iasi;iye
slaves and where opinion was expressed places the
night uyOn the law q nations.
Writers Of The highest authority on the IA" OF hsiloas
a. rec thr strangers have night 10 pas WIN ther pro
pcrv through the territories OF nHiion Nsaef b. :,
Oh o p l.} 10 i36 Put, ndon B. \ oh. J. ~ TO 100
Aud tbs n h. which exist hy manure between States
wholly foreign 20 each other, undoubtedly exist al least
as q natural r-hf, between the States wsca compose
our Union
But We ere 10 looS further than tbs and 10 see whist
the lw a nntons J. when eprOpslty which stranger
wishes - L. wrh HIN Is 4 lave.
Tho rItlCftV which the writer's ON the law 81 nations
speak 81 l. merchandise thng-. And ny the
law of nature these teong 20 their Ba; those
writer nowhere speak o. d ry. 70 pass through a Tor
GIN country viii slaves property On TIE contrary
Il ~ sl a.rre q ~ by the law n nature slone
can have property IN slaves. All they IL hold that
cvfn vhcl1 slavery j. established Is - l0c Law, man
cannot have thai fall and absolute pn,Qrry IN person
which h. msy have mn an inennate tnng fui ndorf
r. o ch 3 ss) l. can scarcely, therefore,. Pee sal tast
VIII writers on the law OF nations mountain ;t Strangers
have a right pass through country wih thsr mer.
cheudisr lI perry, they hcIcoy la-en tae.F rsht
10 pass RI tcr slaves
hit the ~, petty or m,rchsndisc spoken Of by writer's
on 4, - law 81 nstOns Whch tle stranger may take with
linn being moro inanimatc things, have rights;
.ls r-l ht' foi
IL Is th ro r. necessary % lOok sti uter nd %
what tie at tng by the law OF nature a. affect
in the rsits Of the slave when owner huts himself
In m uccc. y. with his slave IN county wA'sc Slavery
Is MT lccal.z,dog l. not upheld by law.
Il isr,n.rely suppose" that freedom Of ~" sol from
sg,~ i In. l.,nt OF the comm n law OF England and
that rcat truth brought 10 lsht la S)nun,r-etts
case tbs I, not 20 Lord " nsl'li vas by m.
sofra ihc ~ f the wori - concer e The pioneer
OF freedom Whatever honor thoru may BE IN having
fst sfsrr I thar Sy ~ CHnnot eNl-t uy tho law Of
tine lrt only ly force Of local lew thot honor among
n,ccr rrt,n tclcnss 10 France and among systems
az uriyGvltrct 20 tie CNlL-w. The case 81 SOmuer-
set d uot occur uut the yer l7s2 end in l7Ss
moe n France IN which ~as melt that negro slave
hecfmc Tree hy being brought INTO Erlnec. (l3 Causes
Ccl,lI,s, 40
Hrt in .rah iLo discovery that by nsiure I'll are
free /, oi L. ftrltr 10 Eucsu nor France but Is
ella as ancient Rome; ana the aw OF Rome repeatedly
asserts al nonby nature free sEd tat Slavery
suh.-t uny ~ tho laws oil the STATE. Disess b., 7.
I'M, y,r,r. ~, III law Of nations uniformly msntsin
the same principle VIZ that by the law of nature all
nn orc nee id thet where slavery IL not established
ard Upheld ~ tire law Of the stac there can be no
slavCs WrOaLs B. , b. -, ILL., HO5Des DE tNe !,
ch la pufcndori (Bar1cy IHc) DrOt dc Ia Nature h.
3 ct , ~ l. ., h. t. cb. g. = p
The same writer's also hold that by the lew Of Nature
orc race OF mon Is more subject 10 he reduced TO
slavery thsn other races (Pufendori b. 3 ch. , -
Wt.n We are considering master and slave liz a
Free state where Slavery not upheld by law, must
fko into yicIy all those principles Of the law oi nature,
49, so ltN
coroing to that law; Tor II will be remembered that
the master now claim nothing except BY virtue OF
he law Of nature He claims under IN law right to
par threugh the country Tnot y awarded 10 him. But
re clums in addition 10 take his elave with him; but
uTcn what ercundi That the shave Is h4 property Ky
the same law, however under which he himself claims,
st canro be- for the law OF nature says that thereon
be 70 property in slave.
We mI4t look Ill further 30 sec whit is 10 be done
with The claims oi the slave There beng now no law
bu. the law Of nature the slave must have AL his rights
under sa a. wen the master; and II is uft much
the slaves right under that TO be iroe il Is the i,tes
a. pass though tie country. Il lsyery clear therefore,
that he slave has right bis freedom, and that the
mater c; mot haze a right o. take him with him.
No the cited by the respondents coun All rest
IL right Of transit tNcu-yey upon the law OF
nations rrd ednit that he cannot have il under any
other law have thus followed out that view perhaps ut
unnecessary longtb in order 90 10 what II would
ltd In order TO prevent any misapprchenslon as to
the identity OF the law OF nature and the law Of nations
Will doe my observations upon this part of the
with citation, upon that pOin', from Vutic Preliml
nsrics o. Tine law Of nations is originally no moro
then the law OF nature applied t. nAtions"
lcueh aso 20 notice here battho respondent counsel
uI the authority OF the IN Illinois, insisted ha,
ihis III III Of transit with slaves is strengthened by that
clause IN tie Conaiiuton Of the United States which
DC ClnI that Tho citizens OF each State shall emit
tied ia al The privileges and innuncs OF ctzen in
the several Sstee The case in Indiana, the other
hand says expressly that the right dOes notdcpend upon
6Ly positive law.
think his rcmnIk mu< hrye found il. way into tho
q iricn of the Judge who decided the Illinois with
out confederation. | have always understood That
pioyison - the Constitution (at - TAR
tli- cntc - ccncefneu) TINT citizen vino was absent
from is StHtc, and in other STATE was emf.
tied Willie there 10 oil the privileges OF the citizens OF
iist state And have ncver heard OF any other dif
iercnt meaning being gwen % It, would be absurd
10 say tht h.ic In tic sister State he = entitled al
Tie privileges secured Ia citizens by the lave Of all the
,tyeia aies or even OF his own State or that would
he 10 c0ncpnd all territorial lmts and give 10 the
stsse not cry entire community bit perfect con
fusion cl law i am light IA tls view OF the matter
lie cau'e oi Ire Constitution relied upon cannot help
the rcpondon; for he Is entitled while here % those
prlyt only which the cita OF tis State pOssess
lie caIhoi hold lis slaves.
nmst also here notice other similar grounds in
sisted upon the refpOndont's counsel
he cites hs;tG (B. 2 ch & r. 81 10 prove thai the
goods OF individual regards other Suites are the
goods Of hg Stote. / have already shown that by the
low na,Irr about which alone Va;,cl u always speak
ing, slaves not goods and may aid tia, what Vat,
tel says 10 ibc passage Ia which be refers has no
ION with The right OF transit through a foreign country
Besdcs, IL tie case from Illinois referred by respond
dnts counsel, tho Court distinctly declare (Ward Us
People. SctnmOns Rep AID that they "cnnnOt see
the oTpcaon 10 this OF the hw nations la rea
ticn ~ III Goaicl Of tie owner fixing the condition Of
and securing tie right Of property in this slave and re-
gsrdlng the -aye part OF the wealth Of Louisiana
and cur obligation Of comfy 10 Tespect and enforce that
right"
The re,Tondcnts counsel slso rciers 10 those pro-
visions o nc Constitution o; the Untct states which
late 10 inculgc slaves and 10 tho regulation Of
comniCroc among the several Ststss Win regard 10
tie tigt o. these provisiOns, which tle counsel
lrsDts recognizes and gives property in slaves 10
sufficient 10 y TINT although tho supreme lew Of the
nd in fcspCCt 10 fugitive slaves end such entitled 10
unfncsti Iig obedience from ell i, IT, 20 far as every
thing Gle IS Concerned, the came as ii there were
sUCh proyi,iOn in the Constitution Thi. hs been
held Ia almost without number nnd il held in each
Of the three cited by the respondents counsel
and upon which have b. lore commented