The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-11-17
From the New York Journal of Commerye.
THE SLAVE CASE,

THE SLAVE CASE.
A case IN which a new prinsiple 10 involved
Is up for decision before Judge Paine of this
City, Judge of the Superior Court. 10
not the ordinary case of a slave brought hsre
oy ms master with intention to remain, in
which it has been decided that the slave 20
'nstanti becomes free; but a case in which
slaves on their way from one slave State to
ssnotner are taken by their master through a
nee Stete as matter Of necessity. We say
Necessity, not IN its absolute sense, but in the
.ense :; use IN which it is used BY the Constitution
| Th. connection in which il is there used
Inc Supreme Court have held ,ha, i, mean,
O. eonvenient necessity. The slaves were on
/ sasn " iexas, and in order to avail them
Sst "a .he commerce of this port, thev were
pIougn' mere instead Of being taken to Texas
oy eifcul!ons and expensive land route. Il
| S. o prIGse case supposed by Chief Justice
| Sna" vi massachusetts,, but as 10 which he
said ne pronounced no opinion, in an ord;n.ry
case IN which the slave was brought to Mas
saehuselts to remain. The care Of Chief
!ustice Shaw IN separating the case supposed.
from the case decided, clearly shows that he
tnonght there was difference between them,
berhapsa wide difference, growing out Of
those relative rights and duties that appertain
to the comfy Of nations-rights and du,ies
tnat should be more carefully considered be-
."Gen S'a'es occupying, as ours do, the near
ana deiicate relation that flows from our Con-
stHutlon, than between States wholly separate
and independent. This new case, in which
the slaves were seized in their necessary tran
SIT through Tree State from one slave State
to another, IS the important one now to be de.
cided. Our Government has claimed indem.
nlty from Great Britain for slaves which on
their passage over the ocean betwe en- the U.
states and the Bahama Islands were by stress
OF weather driven into British ports and there
SET Tree through the interference of the local
authorities. The claim has in some cases
> been admitted and paid, and in others rejected,
or at least not paid. Mr.. Webster, as Secre-
! tary OF State, in presenting the claim to Lord
, Ashburton, makes the following statement:-
"ln the Southern States of this Union, slave
ry exists by the laws of the States, and under
the guaranty Of the Constitution Of the United
States; and it has existed in them from peri
cd long antecedent to the time when they
ceased to be British Colonies. In this state Of
things, It will happen that slaves will be often
on board coasting vessels, as hands, as ser.
f wants attending the families Of their owners,
or tor the purpose of being carried from port
to port.
"The maratims law ia full of instances OF
the application, Of that great and practical
rule, that which is the clear result Of aecessi-
, ty, ought to draw after it no penalty and No
hazard" On these and other like grounds in.
| was Cidiinous wow, lei US suppose
that the slaves, instead of being driven into q
British port through necessity, were driven
into this port. Would the relation between
Master and Owner be changed This is a
{ question that may arise growing out of the
ordinary casualties upon the sea; and certainly
u the slaves were in that case held to become
free by our own tribunal, it would stop US from
| making the claim which Mr.. Calhoun and Mr..
Webster each, as Secretary of State, made on
1 the (r0varnmant af Great Rrifain hioh
comfy, looking to the close relations that ex-
I ist between the several States of this Union,
8 would certainly protect the citizens OF ono
, State from hazard or penalty under such cir.
cumstances, the result of superior force or ne
cessity.
The case in question is one somewhat of
this character. Illinois, free State, 10 pro-
jected southwark between portions OF Missouri
and Kentucky, slave States. A narrow strip
8 of Virgins extends nOrthwardly beyond the
back Of the State, between Pennsylvania and
Ohio. The ordinary line Of land travel be-
tween Missouri and Kentucky is across Hi
nois. The ordinary travel between the point
Of Virginia referred to and Kentucky, is by
way of the Ohio river, in boats that stop at
ports IN Ohio. The principle settled in the
case now pending before the Superior Court,
will determine probably the cases that may
occur in the travel between Missouri and Ken,
lucky, and N. Western Virginia and Kentucky
by the usual routes,-rouies that must be con-
sidered necessary, as that word is applied 10
ordinary travel. What principle, in view OF
the embarrassments and disturbances likely TO
result from rule hostile to the interests of
the States of the Union, ought the tribunals Of
the North to lay down on this suhjeca This
is question Of great magnitude, and we do
not propose, on the eve of decision by one Of
our courts, to express decided opinion upon
the subject. The court doubtless understands
that decision adverse to the rights Of South.
ern citizens will be regarded as an unfriendly
act, and as ground that treats them rather
as strangers Than as brothers, and that con-
verts necessity tsuch it will be Iegardedj
into matter of loss and punishment Ia the
present irritable state Of feeling between the
North and the Souih,-the remains of con,
test the repetition of which we trust 10 far dis.
tant,-ali circumstances Of further irritation
ought ON both sides to be avoided.
SHOWER BArHs.-Ths Mobile Register Of
the 5th instant, says: "The weather is 90
warm that q shower bath is as reasonable a.
in the dog days." We should have been
| nlease To vitpess the Editor of the Registar