Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-11-20

grows out Of necessty created by the vs major II Is
perfect ght mot be wfuly refused stranger
4 (yatte B 2 CHI. .. l23. h. Prelimnaries H. Puff
fendorf b. 3 Oh g. 81 In this 1t is insisted thai
the respondent here with his slaves from necessity
the return having stated and the demurrer admitting
that statement 1t is perfectly true that the demurrer
admits whatever is well pleaded in the return But II
the return intended to state necessity created by the
rs major it has pleaded it badly for it only alleges
necessity without saying what kind ofnecessity; and
il does alege necessity created by the mor the
demurrer has not admitted any such necessity Where
the right of transit does not spring from the MAJOR the
same writer's agree that it may be lawfully refused
But however this may be- II is well settled in this
country and so far know has not heretofore been
disputed that State may rightly pass laws, il chooses
to do So forbiddng the entrance bringing Of slaves
into its territory This is held by each of the
three upon which the respondents counsel relies
Commonwealth against Ayres, Is Pick. R. 221 Willard
agt the People, Scammon's Rep ALL Case of Sewals
Slaves, Sam. Jurist 404 H e44
appear to be entirely free from any uncertainty
In my opinion they not only do not uphold legaize
property in slaves within the limits Of the State but they
render impossible that such property should exist within
those limits, except in the single instance of fugtves
from labor under the constitution Of the United States
The Revised Statutes (vo l. 656, LIST Ed enacting
the law Of 1877 provide that no person held slave
shall be imported introduced brought into this State,
any pretence whatever except in the cases hereinafter
specified Every such person shall be Free Every per-
held slave who hath been introduced brought
into this State contrary to the laws in force at the time
shall be free" rs. 1.)
The excepted by this section are provided for in
the six succeeding sections The second section excerpts
ugtves under the Constitution of the United States the
third fourth and fifth sections except certain slaves be-
longing to immigrants who may continue to be held
apprentices the seventh section provides that families
coming here to reside temporarily may bring with them
and take away their slaves and the sixth section contains
the following provisions
Any not being inhabitant of this State, who
shall be travelling through
may bring with him lawfully held by him in slave
r may such person with him this State but
the person held in slavery shall reside continue
this State than nine months and such residence be
continued beyond that time such person shall be frce
Such and had always been the law Of this State,
down to the year 1841 The Legislature of that year
passed amending the Revised Statutes in the fol-
lowing words, viz The Sd, 4th 9Th, 6th and 7th
tons of title 4 chapter 90 of the LIST part Of the revised
statutes are hereby repealed"
The 9th section Of the Revised Statutes Alone and that
alone contained exception which would have saved the
slaves of the respondent from the operation Of the LIST
on The Legislature by repeating that section and leaving
the LIST in full force have regards the rights Of these
people and Of their MASTER made them absolutely free
and that not merely by the legal effect Of the repeating
statute but by the clear and deliberate intention of the
Legislature 1t is impossible to make this clear
than it is by the language and evident objects of the
two acts.
1t was however, insisted on the argument that the
words imported introduced brought into this State
in the lst section of the Revised Statutes meant only SIN
OF the purpose remaining mere
So they did undoubtedly when the revised statutes
passed. for express exception followed in the 9th
ton giving that meaning to the 1st And when the Le-
gsaure afterwards repealed the 9th section they entire
y removed that meaning leaving the first section and
intending to leave it, to what its explicit and
unreserved and unqualified language imports.
Not thinking myself called upon to treat this case
casuist or legislator have endeavored simply to dis
charge my duty Judge in Interpreting and applying
the laws find thom Did not the Law clear
to me- might feel greater regret that have been obg
ed to dispose hastily Of involving such impor
tant consequences r8UaW4
My judgment is, that the eight colored persons
toned in the writ be discharged.
Mr. and Mrs. Lemon, the claimants of the slaves,
present when the decision made and much sympathy
was expressed for them by the Judge and counsel.
Mr.. CULVER, of counsel for the slaves, thought the
sympathy should be for the other side. ~
Mr.. LEPAUGH, for claimants, asked the counsel the
other side to retain the custody of the slaves long
enough 10 enable him to get out writ Of TO the gu
preme Court.
Mr. CULVER said they had power to do that but he
would be perfectly happy to meet the case there
Mr. JAZZ also of counsel for the slaves said that he
should decline, even if in his power, to crafty the
counsel.
Mr. CULVER suggested that the court award COSTS but
the Judge declined do So saying ii Of great
hardship to one side and Of great good fortune the
other.
Mr.. jar said a committee had been appointed among
the colored people to raise necessary funds take
Of the parties for the present. that the law Of 1910 pro-
vdcs for COUNSEL and he would suggest that certificate
be given and the fee il granted would be added to the
funds. ss u4 n.
The Court said il would consider the subject.
The eight persons q women, lads, IL and L. twin
boys 4 and nfants) then left the room, conducted by
Louis Napoleon IA cOlored man., who placed them in
carriages and drove of.