The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-07
LAW InteIIirence.


LEGAL EFFECT OF TAKING SLAVE TO A FREE
STATE-The Supreme Court Of Missouri has recent
ly decided case of Importance, in legal point Of
view, as well as Of considerable geaeral interest Il
appears that the late DR.. John Emerson surgeon in
the U S. army, owned slave, named Dredd Scott,
whom he took with him at different times in free
territory, whittier he was ordered, and where he was
stationed. remaining at different times four years
in free territory After the decease of his master
Dredd brought an action against the administrative
OF the estate, to recover his freedom, the ground
that the laws Of the free States and territories to
which he had been taken by his master entitled
him to his freedom The court instructed the jurY
that If they were satisfied that Scott had resided
with his masters knowledge and consent, in free
States and territories, as alleged, he entitled to
his freedom. The jury accordingly returned q
verdict in favor of Scott
The defendant moved for new trial, on the ground
of the misdirecton Of the court Thisbeing refused
of error, and tho case was brought before the SUI
preme Court OF Missouri In this court, Judge
Scott presiding, and Judge Rayland concurrng, the
Judgment of the lower court was reversed, and tho
cause remanded. The ground taken by Judge
Scott, in his decision, was, that the States so far
as their municipal concerns 60, foreign to each
other; and the laws Of one State can have no effect
IN any other State except so far as spirit of conf
depend the conformity Of such laws to the insti
tutions Of sister State. But State was not
bound to carry into effect enaetments conceived in 70
spirit Of hostility to her own laws, the en-
The Court conceived that such a concession to
theaws Of the free States had been given by the
state Court in this case, would subject Missouri to
the greatest inconvenience and loss of property,
surrounded as she is on three sides almost by free
territory. While, therefore. it was conceded. ac-
cording to Chancellor Kent, ''to be principle Of
public law, requisite for the safe intercourse and
commerce of mankind, that acts, valid by the law OF
is at the same time to be understood that tais prn
ciple relates only to civil acts founded on the Volt
tion Of the parties, and not to such proceed from
the sovereign power. The force of the latter cannot
DO permitted to operate beyond the limits of the
territory, without affecting the necessary ndepeu-
dcnce Of nations" 2Kent, III, 8.
There was evidence in the case before them
that the master of Dread intended to manunit him,
or considered him entitled to his freedom in conse
quenee OF his residence in free territory: and the
fact that Scott had not avaed himself of his posi-
tion while in free territory, and had voluntarily
returned to his masters house in slave State, cut
HIM OIL from all benefit from his masters act in TAX
ing him into free State. For, argued the Judge
IN states and Kingdoms in which slavery is the
least countenanced, and where there is n constant
struggle against its existence, it is admitted hw
that if slave accompanies his master to country
in which slavery is prohibited and remains there n
length Of time, If during his continuance in such
country there is no act OF manumisson decreed by
its courts and he afterwards returns to his masters
domiei, where slavery PREVAILS he has no right to
maintain suit founded upon claim Of permanent
freedom This is the law Of England, where it is
said that her air Is too pure for slave to breathe
in. and that sooner does he touch her soil than
his shackles fall from him. The case Of slave
Grace, 2 Haggara Adm'rlty Rep. 81.
Story. in his Conflict Of Laws says il ha, been
soemnly decided that the law Of England abhors.
and will not endure the existence Of slavery withip
the nation; and consequently, a. soon as q slave
lands in England he becomes, ipso acto. free man.
and discharged from the state Of servitude: and
there is no doubt that the same prnciple nervades
the common law OF the non-slaveholding States in
America-that Is to say, foreign slaves would no
longer be deemed such after their removal ththar.
But Che continues) it is very different question
how far the original state of slavery might 70 attach
upon the party, If he should return to the country
by whose laws he was declared to be and was held
az slave. Sec IS, g. ~
This decision Of Judge Scott overrules several
cases Which nave been previously decided by the
POWER or lMAGrNATloN.--A year since Elijah
Barnes Of Penn killed rattlennke In his clJ vitbo
any injury to himself and Immediately aftor mt ON b
IONS waiscoot both being Of color e returped t
his house and on attempting button his wosco, ha
found to his sstonshment that il was much too smojl
Ills imagination was brought to a high pitoh aud liz
instantly conceived the idea that he had been
bly, bitten by the snake tLtta oil,., f.n.