The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-11-19
THE SLAVE CASE.

THE SLAVE CASE.
The more we reflect upon the decision OF
Judge Paine, the more extraordinary does it ap-
pear to us, and in the more serious light do the
consequences which must inevitably result
present themselves. II it be true that the in
habitants of one State have not the right to
pass with their property through the territory
Of another, without forfeting it, then the Union
10 longer exists. The objects for which it
was instituted, and for which the Constitution
Of the United States was established, have
been rendered, in one respect impossible of
attainment. Fifteen States of this Union have
been declared out of the pale Of legal protec-
ton, 90 far as New York can effect it, and the
citizens of those States cannot pass through
New York with property of a certain kind,
without losing it, though ii is recognised by the
Constitution of the United States. If the citi-
Gems of Virginia may be deprived Of the right
which they hold in their slaves, merely by the
act of passing through the State Of New York,
there is no other right Of (which they may not be
deprived. The Constitution, then, so far as
the State of New York is concerned, has no
binding force; it may be annulled, at pleasure,
by the State Legislature, whenever it may suit
the interests Of party scrambling for power,
10 Aatter the peculiar tastes of certain cligues
that hold the balance, by setting it aside. The
unity of the government. then, we contend, 10
at an end, if this decision is to be taken as q
precedent. Property of every kind is created
by municipal law. There is no such thing as
property in a state of nature, for in that state
all things are in common. 1t is law that gives
as property in goods, wares, merchadisc-
horses, COWS, sheep, oxen-for by the law of
nature they belong to nobody in PARTICULAR
1t is the municipal law also, which gives US
property in our slaves, and that property is
guaranteed by the Constitution. We hold it by
exactly the same right that We hold horses and
COWS as property, and that is by the supreme
law Of the land-..hs Constitution of the United
States. We hold neither Of them by the law
Of natyres
The argument Of 1u1g, Paine, though pi'..-
sible upon first perusal, presents, upon con-
sidsration, the most extraordinary farrago Of
nonsense it was ever our fol tune to see strung
together. A Judge. acting under oath to obey
the Constitution of his State, and Of the Unit
cd States, having before his eyes that clause o.
the latter instrument which says, the 6 on
stisatioH and the laws of the United States
which shall be made in pursuance thereof, and
all treaties made, or which shall be made, un-
der authority Of the United States, shall be the
IL i. al
ecery State shall be bound thereby, any thing
in TIE Constitution or lars Of any State to
the contrary Notwithstanding" he appeals to
the law of nature TO justify him in his preds
termined resolution to decide according to the
dictates of the "higher law" and never once
alludes to the recognition of slaves as proper
ty by the Consultation of the United States.-
Nay to get over the very obvious meaning o.
that other clause, quoted by us the other day
-" the citizens of each State shall be entitled
10 oil the privileges and immunities of citizen,
in the several States" he INDUCES in the fol
lowing absurdity:
81 have always understood that provision o
the Constitution to mean lat least 80 far as th
case is conserned) that a citizen who is absen
from his own State, and in some other State
was entitled while there to all the privilege
ofihe citizens Of that State. And have neve
heard Of any other or different meaning bein,
xiveu il. Ii would be absurd to say that Will
Ia the sister State he is entitled to all the pri
vileges secured to citizens by the laws of al
the several States or even of his ow n State: fl
that would be to confound all territorial limit
and give TO the States not only an entire com
nunity, but perfect confusion of laws"
That is to say, he has always unders,oo
that when a man from Virginia is in New Yor,
no isenttled by this clause of the Constitut;o
OF the United States to vote in elections-to h
elected to Congress-to fill anv of the ofic.
OF the State, &C.! We said just now tina, thi
decision was farrago of nonsense, Ifv
lad said OF unslloyed vilainy, we shout
have come nearer the mark
HE law Of the State of New York ia ma
Pasly unconstitutional. But how can il b
ssed4 The only way to get the case befo,
tue Supreme Court 10 by writ of cert;orar
esd We learn that there being no way to kee
tse negroes within the jurisdiction, they hs,
already been run of by the underground "a;
road, consequently the writ cannot be serve
and tho case cannot bs brought up. We :
greet 1t from the bottom of our hearts, for if
be admitted that one State has RICH, to Or
hibit property of q certain kind from passir
through it's territory under pain of forfei,ur
ether States will exercise the right besid,
New York, and they will lay the prohibi,is
upes other kinds Of property besides slaves
The decision of the Supreme Court would>pn
hoklx have settled ell this.