The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-11-17
The Recent slave Case.-Decision Of Judge

The Recent slave Classification Of Judge
From recent manifestations Of public opinion anci-
pated least temporary truce to the agltaons OF the
abollioniss II was the fond hope of the country that
the Compromise would be sustained in spirit in letter.
and tha if not from patriotic impulses, at least from the
pressure Of public opinion tho anti slavery sentiment OF
the North would intermi its upon the rights and
feelings Of the South and the peace OF the Union.
Again. however, has the fanacsm OF abolition in de-
fance OF the will OF the people, and at this period OF
quiet and good feeling, kindled aresh the flame OF Sec
ton al excitement by pepetrang unparalleled outrage
upon the rights and feelings Of the South and the spirit OF
the constitution II will be readily understood that
fer to the recent slave case in the superior court Of New
York We propose make this the subject OF brief
comment the text OF which is the opinion OF the judge
published in another column Whilst deprecate the
discussion OF the slavery question in any relation, and
depore the renewal Of the abolition agitation and whilst
we would in no contribute TO revive This discus
sion and this agitation, yet imperative duty compels US
10 confront any issue which may
the peace OF the Union.
bare statement Of the facts of the under review
will convey adequate idea Of the judicial outrage which
has been recently peperasd upon the constitution and the
slavehoding States OF the confederscy. citizen Of
Virginia desires to fix his residence in Texas and he has
few slaves which he wishes to take with him. After
several vain attempts to secure passage directly from
Richmond or Norfolk to New Orleans. he concludes 10
go by sea 10 New York. and thence in steamer 10 New
Orleans He arrives at New York in the Richmond
City. and resolves 10 remain on board until the de-
parure OF the New Orleans steamship. Meanwhile,
however, an abolition society in New York have got
intelligence OF his movements, and have perfected plan
for robbng him OF his property. While his slaves
eight in number lying board the Richmond City,
he is served with writ OF habeas corpus sued out at the
instance OF a negro Boosting the name Of Louis Napo-
eon who is nsgaed TO The act by the abotionsts. He
brings his slaves before the judge and pleads in response
to the writ that they his property that he is c,sen
OF Virginia. and is merely passing New York en- rsute
for the State OF Texas that he has intention what
ever OF so,ourning in New York, and would have
touched at the port all bu, from necessity The is
argued before tho court the abotonsts employ counsel
to combat the rights OF the owner and successfully. too
for the adudges his slaves to be Free and sets them
at liberty But the stops not here proposition is
made by the counsel for the claimant TO carry the 10
the supreme tribunal OF the State and for this purpose he
suggests that the slaves be retained in the custody OF the
inferior unit, by esrtiori the be brought be-
fore higher iudcature To this the abollonists OBJ
lec the judgment OF the court goes into effect, the
slaves are sped away, and the owner is left n utter des
liution by this act OF judicial robbery
These are The circumstances OF which we pre-
10 characterize as most grevous injury and fla,
grant outrage upon the South and the bond OF the Union
We do not propose at this time argue in detail all the
points OF the case, nor TO combat the grounds upon
which the Judge assumed under the circumstances
he slaves Free We cannot loTbear to observe, how
,ver, that the iaw Of nature upon which the learned
Judge lays such stress does recognise the relation OF
Ter and slave and that il il did not il could hardly
operate 10 "trip citizen OF his property in his
toy, and in opposition to the guarantees OF his own gov
eminent We had supposed that appeals to the higher
Jaw were employed only TO give grace and fervor 10
he defamation Of the fanatic but It pre-
siding in the tribunals OF county, and determining the
rights OF citizens and the political privileges OF States
Unless its ambitious spirit be BUNDLED and crushed, il
will rend asunaer the fabric OF the Union
The cour, based its decision also upon statutory
enactment Of New York. thus boroing The higher BY
The lowest law--ignorng all the while, however, the OBJ
legations OF the constitution and the Union. This pro-
vision is as follews:
mo person held az slave shall be imported, intro
duoed or brought into this State, any preence what
ever Every person shall be free Every person held
a. slavs who hath introduced brought into this
State contrary - the laws In force the me shall be
free"
Now, IL is obvious to any man who knows anything OF
the nature OF the federal com pact that this local law Of
New York is in conflict not with the letter, with the
spirit OF the constitution OF The United States, and is
war with the object and intent OF the federal Union. The
constitution OF the United States, which il the supreme
law OF the land recognises and guarantees the right OF
property in slaves and makes a country OF the
different States The State OF New York is not content
regnty but to deprive the citizen OF another
State OF his property by any chance that property should
be thrown under it's jurisdiction, thus imposing penalty
upon what should be the unqsestoned privilege OF the
citizens OF the United Staeso-wit to travel with their
property in unmolested security throughout the length
and breadth OF a common country. When the federal
constitution was adopted and Virginia entered into po-
ca coparnershp with New York. slavery existed in the
latter State. and the Vfginan might and did go thtber
with his slaves, and no burst question his right Of
roperty Since the adoption Of the constitution New
York, by her own act, has set free the slaves OF
her citizens, and decreed that slavery shall not
exist, for a moment and IN ronsiiu, within her
jurisdiction but this manilestly in derogation
Of the rights enjoyed by the citizen Of Virginia when the
Union was consunmaied by the adoption Of the constu