Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-11-24
From tho Washington Mon.
The Recent Slave Case---Dccision of
Judge Painc.

opinion, we anticipated at least tempo
tary truce to the agitation of the aboli-
tionists. 1t was the fond hope of the
country that the Compromise would be
sustained in spirit and in letter, and that
IT not from the patriotic impulses, at least
from the pressure of public opinion, the
antl-slaSery sentiments OF the North
would intermit its war upon the rights
and feelings of the South and the peace
OF the Union. Again, however, has the
fanaticism of abolition, in defiance of the
will of the people, and ut this period OF
quiet and good feeling. kindled afresh
the flame of sectional excitement by per-
petraGng an unparalleled outrage upon the
rights and feelings of the South and the
spirit ofthe constitution. 1t will be rea-
div understood that we refer to the re-
cent Shave case in the superior court of
New York. Whilst We deprecate the
discussion of the slavery question in any
relation, and dcpEore the renewal of the
II clifton agitation. and whilst we would
in no manner contribute to revive this
discussion and this agitation, yet impera-
tive duty compels US to confront any is
sue which may menace the peace Of the
Union.
\ bare statement Of the fact. of the
case under review will convey an ade-
Vuate idea of the judicial outrage which
has been recently perpetrated' upon the
constitution and the slayeholding States
of the confederacy. 4 citizen of Virgil
MIA desires to fix his residence in Texas,
and he has a few slaves which he wishes
to take with him. After several vain at
T. 70, Il ooNl
Richmond or Norfolk to New Orleans, he
concludes to go by sea to New York, and
thence in steamer to New Orleans. He
arrives ut New York in the Richmond
City. and resolves to remain on board
until the departure of tho New Orleans
steamship. Meanwhile, however, an alb
clifton society in New York have got in
telligence of his movements, and have
perfected a plan for robbing him of his pro-
perty. While his slaves (eight in num-
ber) are lying on board the Richmond
City, he is served with a writ of hd6edS
corpus, sued out at the instance of n no
gro bOasting the name of Louis Napole-
on, who is instigated to the act by the
abolitionists. He brings his slaves be-
fore the Judge, and pleads in response to
the writ that they are his property; that
he is a citizen of Virginia, and is merely
passing New York en- route for the State
of Texas, that he has no intention what
ever of sojourning in New York, and
would not have touched ut the port Mt all
but from necessity. The case is argued
before the court, the abohtionists employ
counsel to combat the rights Of the own
or. and successfully. too; for the court adj
Judges them to be free, and sets them at
liberty. But the case stops not here. \
proposition is made by The counsel fol-
the claimant to carry the case to the SUI
preme tribunal of the State, and for this
purpose he suggests that the slaves be
retained in the custody of the inferior
court. until by cerioraTi the case be
brought before higher judicature. To
this the aboitionists object; the judgment
of the court goes into effect, the slaves
are sped away, and the owner is left in
utter restitution by this act OF Judicial!
robbery.
These are the circumstances of case
which we presume to characterize as Il
most greyious injury and fragrant out
rage upon the South and the bond of the
Union We do not propose at this time
to argue in detail all the points of the
case, nor to combat the grounds upon
which the Judge assumed under the cir
cumstances to set the slaves free. We
cannot forbear to observe, however, that
the la,U of nature, upon which the learned
Judge lays such stress, does recognise
the relation of master and slave and if
it did not, it could hardly operate to
strip citizen of his property in his own
country, and in opposition to the guaran-
tees of his own government. We had
supposed that appeals to the higher law
were employed only to give grace and
fervor to the defamation of the fanatic ;
we see it now presiding in the tribunals
of the country. and determining the rights
of citizens and the political privileges of
States. Unless its ambitious spirit be
BUNDLED and crushed. it will rend assun-
der the fabric of the Union.
The court based its decision also upon
statuary enactment of New York, thus
reinforcing the highest by the lowest law
ignoring all the while. however, the OBJ
legations of tho constitution and the I'm
ion. This provision is as follows:
" No person held as a slave shall be
imported. introduced. or brought into
this State on any pretence whatever
Every such person shall be free. Every
person held as II slave, who hath been in
troduced or brought into this State con-
trsry TO the laws in force at that time,
shall be FREQ"
Now, it is obvious to any man who
knows anything of the natute of the rede-
raj compact, that this local law of New
York is in conflict, if not with the letter.
with the spirit ofthe constitution of the
United States. and is at war with the OBJ
lcct and intent of the federal Union The
constitution of the United States, which
Is the Supreme law of the land recognizes
and guarantees the right of property in