Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-11-16
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RICHMOND ENQUIRER
rUHsD.y MoRNING, NOVEMBER TO- 8
-=.==.===.==.=..--...z.,e.AsE IN NEW YORK.

w s.ch:rginr the eight slaves mat mao 'ou'"e'
~, York, on their way to Texas W nav -
"a, morning for full review OF the decs'oh o " "
,Is6cd that the slaves could not cohs"u'io'''' -
charged We shall hereafter examine the !"
49, - ,,e reproduce the sensible views of the Ne"
York Journal Of Commerce. advanced in anticipation Oh
Judpe Payns's decision In this principle is in
ed II ia not saws the New York Journal Of Commerce.
,he or nary case of slave brought New York by his
master with intention remain in which 1t has been de-
cded that the slave nstan becomes free; but Gaze
in which slaves their way from one slave State 10 ano
ther taken by their master through Tree STATE as
matter OF necessity We say necessity not in its absolute
sense but in the sense in which used By the Consttu
ton Ia the connection in which there used The Su
preme Court have held that it convenient necessity
The slaves were on their way Texas and in order 10 avail
themselves OF theeommerce of the port OF New orE they
were taken TO New York. instead OF being taken to Texas
BY circuitous and expensive land route Is the precise
case supposed by Chief Justice Shaw of Massachusetts ou'
s 70 which he said ne pronounced oplnon In an ordna-
~ case 10 which the slave brought 10 Massachusetts 10
remain The care Of Chief Justice Shaw in separating he
case supposed from the case decided clearly shows ha nc
thought there difference between then perhaps wide
difference growing out of those relative rights and du
ties that appertan 10 the comfy Of natlons-rishs ana
duties that should be carefully considered oe-
tween States occupying do, the near and
tween States wholly separate and independent This new
case which the slaves seized in their necessary
transit through free State from slave State TO another
is the important one now to be decided Our government
has claimed indemnity from Great Britain for slaves which
on their passage the between the United States
and the Bahama Islands by stress OF weather driven
into British ports and there free through the interference
of the local authorities The claim has in some cases been
admitted and paid and In others rejected or al least not
paid Mr. Webster Secretary of State in presenting the
claim TO Lord Ashburton makes the following statement
.In the Southern States this Union slavery exists by the
laws OF the States and under tho guaranty of the Constu
ton of tho United States; and has existed In them from
period long anecedent the time when they ceased 10 be
British Colonies. In this OF things, it will happen
that slaves will be often board coasng vessels hands
attending the families OF their owner or Tor Inc
purpose of being carried from port TO port" "Ihe
maritime law is full of instances of application of that
great and practical rule that that which The clear result
necessity ought TO draw after il penalty and no haz
ard" On these ana other like grounds Indemnity was
claimed Now suppose that the slaves Instead of be-
ing driven into British port through necessity driven
into the por, of New York Would the relation between
master and owner be changed? This is question that may
arise growing Of the ordinary casualties upon the sea
and certainly if the in that held 10 become
free by tribunal il would estop from making the
claim which Mr. Calhoun and Mr. Webster EACH Sccrea
ry Of State made the Government of Great Britain
high comfy looking close relations that exis, between
the several States Of this Union would certainly protect the
citizens OF one hazard penalty under such cir
eumsiances the result Of superior force necessity.
The in question is somewha, OF this character
Illinois, free State is projected southwark between por-
lions of Missouri and Kentucky, slave States
strip of Virginia extends no!,hwady beyond the back OF
the State between Pennsylvania and Ohio. The ordinary
line of land travel between Missouri aad Kentucky
Illinois The ordinary travel between the point OF Virginia
referred 10 and Kentucky shy way Of the Ohio river in
boats that stop ports in Ohio The principle settled i"
pending before the Superior Court will deter
mine probably the that may occur in the travel be-
tween Missouri and Kentucky by the usual ue-routes
that be considered necessary as that word applied TO
ordinary travel What principle in view Of the embaass
ynents and disturbances likely 10 result from rule
hostile 10 the interests OF many Of ;te States Of
the Union, ought the tribunals Of the North 10 lay
down on this subject? This is question Of great
magnitude The cour, doubtless understands that decision
adverse The rights OF Southern citizens will be regarded
as an unendly act; and ground that treats them rather
strangers than as brothers. and that convertsa necessity
such It will be egardcd) into matter OF loss and punish
ment. In the present irritable state of feeling between the
North and the Sou-the remains of contest the repe
ton of which we trust is far distana circumstances Of
further irritation ought on both sides 10 be avoided
This case great hardship and painful in its perso
nal and general consequences.
WITHDRAWAL or CAPT McLANE'S OFFENSIVE EXPIRES
sinSS AGAINST GEN. PIERCE
We happy observe that at the Court Martial In
New York. Mr. Barrol the COUNSEL behalf OF Captain
McIane mede tho following agnanimous explanation:
Before entering into examination Of the details Of that
he would premise that lie had entertained natural
preference for his old COMMANDER and in the late Pesten
spoke both Of hn and General Pierce with the
ln9eprnd Ci,lZ4n. and recOuncd an Impression
he had formed the night before the army left The city Of Mex
leo tina, General Pierce had his face slapped by Officer
which ndnny resented az he Captain McLanc)
considered ought have been he was not insenslbe to
probability Of that Impression being erroneous, for two
persons might give different accounts OF the occurrence and
persons that particular occasion who
advantageous positions than he Cnpt McLane
was therefore better able Judge Of what did actu
ally had felt himself al perfect liberty TO
his own impressions. Bu without his knowledge
cent and CONTRARY his appreciation his observations had
been improperly dragged into The rnolc papers Tor party
purposes Ind greatly exaggerated and he found him
ec singled object of attack In connection with
the circumstances M Bro read the from The Bal
tmore Patriot, witch have inserted before. Capt Nc
felt duty address that letter the editor Of
that paper Thc objects which This letter was cacula
ted effect appear upon its facc-they rc5uke
and stop the Misrepresentation OF any private CONVEX
sa,ions, 10 arrest me exaggerated and unauthorized
attack upon the distinguished person assailed and
by frank av"wal Of his recollection and Impressions
Of the al The city OF Mexico TO afford TO others
who ni III. been the occasion opportunity, by
conference explanation any into which
h. might have fallen And he owed IL 10 himself now TO
declare
happy confer with ANY gentleman VINO was present at the
occurrence alluded who would have received in frank
and nmcabe sr, any explanations nc might have made
and he would have rEeeriuy reraced any incorrect
preston he might have used Until recently howev
such explanation, and no attempt "ha'e'er 10 com
pare his Impressions with others hal made by any Of
fcor other individual who p5cs:n, al the scene
After the dsagecah'c that ensGed, and
the subject Of The presnr charges he informed,
shortly after returned from Washing that officer
in Texas had written letter Ia :he editor OF paper
in Texas Stating hs he different from Capt
McLnne; but il until he (Capt. McLane) arrived
in New York attend ths court that he learnt from
distinguished officers OF the army that his Impressions
With OF these officers he had had full
conference md explana ,on and finding not only that he
had been pr, scone but in position aOrding
him bette. opportunity of Judging OF its incidents, and
feeling that his knowledge and truth were entitled 10 every
respect Capt Ncie bound to conclude that he had
been tn error Therefore from Of serespec and
regard Tor uth ana nnr less than u what IS due 10 the
eminent gentleman ol shUm he spoke and 10 repair any
wrong done him. Capt Mel chceriuy takes this earliest
and public occasion 10 aekn"w ledge the Impressions
he hnd formed and published regard 10 the occurrence
the city Mexico he did Gen Pierce great Injustice and
!,