The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-10

introduced upon any reason moral or political but ouiy
by positive law and that was so odious that nothing
could be sgfered to support II but positive law read
this simply 10 show that slavery IL in dsrogaon Of per-
sonal freedom The fame doctrine is clearly stated
the ful and able opinion of Chief Justice rsha 10th
Wheeler, l20, In which he says that slavery il con-
traIy to the law Of nature. and that every hss
natuIa al right to the fruits of his labor
person deprive him of those and
them sganst his will In the of Forbes vs. Cock
lane, "a BaInwell and Cresswel and in Wheeler, 1865
the same Judge states that the law OF slavery Is
,nrenum, and where party gets out of the territory
where 1t prevails without wrongful act the right OF
the MASTER founded upon the municipal law OF the place.
does not continue lie ceases to be slave in England
because there is no law sanctioning slavery But
place this upon much higher grounds here, for
when these people touched within the domains of New
York they came where there not only slavery,
the government and the people OF that State 1
read these authorities to show this great fact that
slavery is creature Of positive law. local sta
tutes, and municipal regulations and IL drops off
the moment person gets over the bounds that limit
that local law. MIR Webster in his great speech the
Oregon question in 1S4S took the ground held by
Justice shaw and the British authorities: that slavery
local in its character and general and that it
existence except by the force OF positive statute
There Is another reported here, which brings up
some nice views of which viii read the head note i
in 340 heeer upon the Law Of Slavery, and is fol-
lows The treaty of cession by Virginia to the United
States which to the inhabitants OF the North
West territories thsr titles rights ana liberties does not
render void that article OF Congress OF 1885 which
hbits slavery in that territory There raised
here, whether person that slave in the North
slave State had lost his freedom by going back or in 9TH
er words whether he could be held as a slave in tha
North West territory. AL this however overrulsd
by Southern Judge on slave plantation who said: Ii
lIdianp had bad positive law upon the subject shs
great platform there would be sufficient to have
sent slavery out. Although It done before
Indiana was a State, it doue before had
adopted the constitution and yet was in the nature
q compact and that 1t became part Of tbs fuuda
mental law OF the land, aud could not ba touched
Now sir in relation to our State legislation on this sub
itc nm hSva n.y. chpyp
State Of New York the right to do all that she has as
sumed and 1T is fc.nd in 346 Wheeler, 9th Rsudolphs
A that hs S.S !, ss 70 them sasngc sag
not he dSabtsd The ""eIation Of foregn laws upon
slavery is immediate and pelfec and Marty cannoS DO
sgan reduced to slavery find sevei.i case, ., na
where slavery did not exist and then taken back
slave State have been declared to be free have case
short time and then taken back to Louisiana and he
declared by the courts OF that State be free be
he had taken to place where slavery had no
legal existence. SO that 1T necessarily follows ii these
people take their slaves to Texas they will bs entitled
their freedom-these under the adj adj ,aon Of the
southern courts; but. for the sake OF convenience
prefer that they should be freed IN this State Here is
the first section Of the statute OF New York mo
peron held as a slave shall be Imported ia. reduced
brought into this state upon any pretence
whatever except in the cases hereinafter Specified
Now suppose they are Every such person shall be
fee" Then fmther Every person held a slave
contrary TO the laws now in force shall be free " Then
there several sections which give exceptions
and g. and have been repealed by che Law OF 1871.
Ibe lstt section s Every person born wisnin this
state whether white or colored il fee Every PRISON
who shall hereafter be born within this State sh be
fee and every person brought into this state slave,
except as authorized by this title shall b. fesn will
AK your attention to the other point which Is penal
ID lie Character No person sha ssud export
out of this State any person who has been held
slave or feryant for term of years excep: herein pro-
viGed. anu whoever shall offend against this statute by
aiding and consenting such exp9rtatioa attempt
shall be deemed guilty Of misdemtanor every per
be
freed and discharged from ali obligation aud service 10
tn. Individual 20 attempting 70 export bin" Now
ties In the nrst place these persons are entitled to
their liberty until they are brought within the operation
sUmpions Of the law. In the second pace they
brought place where avery has no legal tence
and by that act they are made 'fcee, nos only f'ee
here but the ead of time all That sh7il be
boI of them in after time In the third place, meet
State of New York, Hhich provides that any person
bioUg into this State is free by that act That leso
to look at the return they have set forth which
that these slaves brought here by the claimants and
they do that they tugives within the
ing Of the law Of 1850 1898 the constitution of the
United States The sworn to by the deiepdaut
shows that these slaves nocent OF any attempt
run away; that they were brought tere on board a
senmer their coming with them for the purpose
OF btng shipped to Texas; and consequently, they do
not hold all, glance to the laws OF Virginia Texas bat
only 10 he laws OF the State OF New York; for 1t is the
lava Of is locality which attaches to them the
they within ts Unite. some cases may be found,
Of very early date whore slaves delivered up when
ther but apprehenn be found OF late
between and foreie nations thai viii ahov
that slaves have been given when vessel has
been driven into port by stress OF weather renenber
years ago, that there vessel that had
slaves On board, being frei9hted eoastwse, driven
into British port, and all had their free
dom q matter Of course. ana oil passed Off
quietly and nothing was heard Of the matter. Here it
IL different No stress Of weather drove then here
thing but the free choice and the free viii OF the
II your honor should decide to deliver these persons
pto tie custody Of this man ana his wife must con-
IA my / to
be the well settled adjudication Of the last seventy years
ana now wait with great ntsrs to ses what arguments
ns friends will brpg forward in support Of their
Mr., Lepaugh rose and said-l can but approach this
eae with difdence and enhancement But In approach
ing this however difdenty may do it, shall APP
prosch it in such a way hope To rest the arguments
which shall adduce upon sound law and upon the
ftitution q our country and shall contend before
your honor that by the Laws of nations, the const
tuition Of the United States by the comfy between
nations ana by the laSs If Congress these persons who
citizens OF Virginia, and under the constitution Of
the United States citizens of this entire Union
titled to that properly which was property 10 them in
Virginia and property to them IN the stae Of New ork
Now do not propose and II had it would be out o my
TO discuss this mater with any degree o feng
enthusiasm perhaps the satisfaction Of those
may be listening my friend on the other side has
done But It to that the counsel this
has contended for the discharge Of these persons not
upon What really entities them to be discharged
In relation to the laws Of the State of New York
The counsel has based his argument the ground that
person coming from the State of Virginia placed
msny would be ploced How IS IL that these United
to be thus treaed 10 regard TO other
separate distinct and foreign States In the latitude and
I'll lat of the countries OF Europe would bs
gar rded in reference the United States Can il be that
that is the meaning Of the constitution that binds
States together! Can be aud II the lenou Of that
instrument, which saye that the public Of each
State shall receive full faith ana credit in every
State OF this Union Are the several states whose pub
lie acts entitled by virtue Of that consttut"- "a 90
ceive credit and faith in every state IN e same position
that Germany would stand in rierspca 10 ,h i.t
States Let us look AZ this constitution and SEQ bos a.
Is that We are entitled to have rights projected rbe
is the same the right to nrc.rsty In the STATE of
new iork. As IeSasss7 the fact being admitted by
''e as'''' .-~un 70 this return, that there slaves
are the property Of NIrs Lennon there Is no df.
Guilty to perplex the argument In this case
They berg the property of Mrs Lennon under the laws
Of the State Of Virginia let call aid in order TO
protect this property in the possession Of LENNON
the constitution Of the United States which has super
intending power and control all the States of this
Union, and without which they might be placed in that
dilemma that state Of Europe is placed In regard to
Of the States Of this Union cali your attention to