Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1852-04-30

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those accused Of rescuing Jerry at Syracuse.
Const,utionqNty Of slGrs la,rs to be decided
much interest anticipated Gerrit Smsh adj
mined TO practice lar, dc
To the student of history, given to analysis, it
is interesting and instructive TO observe coinci-
dences and points of analogy. They sometimes
are expressive Of elements Of character, and Of
ten serve to render truth more apparent, having
essential bearings upon present relations, obi
cations, and matters at issue.
In 1867, the general right Of personal freedom
in England was still! matter Of opinion. There
were no permanent securities against the cupid
ity, and tyranny of Shareholders and dealers;
and the question at issue was, "Whether slave
coming into England became free - or as the
inimitabe Scottish Bard has il, whether ga man
is a man for all that" or mere chattle.
Granville Sharp had been instrumental in say
ing or rescuing several persons from the clutches
of the shylocks, who claimed them as prop
erty he had also been charged for so do
ing with robbery and threatened with legal ac-
lion. He consulted several of the most eminent
lawJ ers, and their opinions were given, that the
laws were against him. But he was unbelieving
and undaunted his heart ,cGs frcd; and actuated
by the eternal law of righteousness and love and
foresecing that he might be engaged in future
cases, so adverse were those opinions to his
ideas Of justice and humanity, that he determin-
cd thoroughly to investigate the matter, and de-
voted two or three years to an intense and com
prehensiye study of law, that he might under
stand it, and be the better prepared to advocate
the cause of those distressed people, who were
lable again TO enslayement. He was thereby en-
abled TO prepare and publish wo,h i. -
clearly confutod III" popular opinions which had
been given. But the question was yet legally
undecided. Happily an occasion soon occurred.
The case Of Somerset was an appropriate one
for trial at Kings Bench, the distinguished
Mansfield presiding, assisted by three eminent
associates 1t was argued at three different sit
tings of the court. On the part of the defence,
it was contended, shat no man at this day is or
can be sIare in England. In the progress of
the pIeadings, seemingly every poin. OF law and
historical fact-overy consideration of national
Justice and moral right, as between the parties
were submitted and discussed The eloQuence
displayed" says Clarkson, "by those who were
engaged on the side of liberty, was, perhaps
never exceeded on any occasion" The judg-
mont OF the Cou7; was deferred and the Chief
Justice evidently to avoid giving it-how differ
ent were lis feelings from those of the philan-
thropis Sharp-"what differs more than man from
man-'twicc suggested that the master could
put an end TO the present litigation by manumit-
ting the slave but 18th the characteristic petit
nacity of the stakeholder, lie needed not the hints
of the Judge and the decision was finally given
on the 22d of Jane l772, in favor of Somerset,
and he was discharged.
The discussion is remarkable specimen Of
awyor-ikc circumIocution.
Thus was the inaenable rghtto personal lib
erly recognized, the justice flaw indicated, It's
protection given, aud the great question settled.
Now and onward.
"SIavos cannot breath in England; /: their lungs
! r. ccye our air, tina: moment 'hcy are free;
| They touch our cJun. ~ and their shackles ALL
Mr.. Sharp was the mover and under God, the
most efficient and pcrscveriDg actor in etItctng
the great event in the history Of English juris-
prudence.
Several incidents and admitted rules Of law in
this trial. are worthy of particular observation
Mr.. Sharp in his researches had found and no
ted passage in the first edition of Blackstone
| Commentaries, which uneqnvocally sustained
his position-the right of The slave to freedom
! being quoted, it was repealed by opposite counsel
| producing G v0lume-a subsequent edlson-in
which the same passage had been so modified as
to quafcdIy admit the right Of the master to the
service of the slave. 1t was found that in the
course of proceeding trials, DR.. Blackstone him
self had made the alteration. We see lament
abe instance of the pcrncious influence of the
then West Indian Slave Power, and the liability
of mcn to be controlled thereby.
"In case so odious as the condition Of slaves,
the law must be taken strictly" Nan&fcM.
"The law favors liberty. = Woods Inst
"Thc law favors mans person before his
possessions "-Noges' Marims
Whenever the question of liberty seems doubt
/
| Digest. Lib. so.
| TIE REAsoNABLEHEss OF LAW IS THE SOUL
! OF LAw."-.Jenks
| The trial of the persons charged with rescu-
! ing the fugitive Jerry at Syracuse, in Oct. last
may resemble that of Somerset in respect TO the
character and talent of the counsel engaged, the
nature and style of the pleadings, tie points of
/ law Involved, and to be settled and il is hoped
that the result will be no less in accordance with
justice and human rights. Should the terms of
the Constitution of the u. S. and the state Of Mis-.
souri, "ba taken strictly" and regarded BY the
/ Court adjudica;ing these cases, the Fillmore
! fugitive slave act, will be nuity and slavery
/ in Missouri declared unconstitutional
I Gcrrit Smith, ii is expected, will share largely
in the defence, having already contributed eff
ciont aid and advice. His recent admission to
practice in the Supreme Circuit Court of n. Y,
/ preparatory 10 admission to the Circuit Court of
the l. S. will enable him to take part in the plead
ings and "sum up the arguments in those trials.
- Il 1i,,i