Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-11-23
For HE Enuuirkr.
THE DECISION OF JUDGE PAYNE

avoid trespassing upon your manor yet hope present
this question: and the opinion cf Judge Payne in light
that will show lis Wtgdtiy, well as its cnor.y. His
Honor makes parade OF learning upon tonn law and
properly rites good authority from Waite, ana other
dals in his brunch Of law lhat the received
opinions the authors II would be right give up prop
ey in question 10 The respondents. Each sovereign State
has right TO say what shall be property. The Southern
States said negroes shall be property and proper
~ has been acknowledged by foreign nations such and
tho South protected and indemnei against loss But whilst
The principles Of national law, Of right and justice
and comfy Of nations all sustain tho right of the
OF the wish 10 place the righ' of the respond
cnts upon higher hImer aud mpegnable ground.
me,p upon constitutional right; and the nations
a laid down and explained by European writers,
against us, would appeal from the alc of nations,
national ioc HE Constitution. The Judge, after
elaborate opinion appears IL every ground except
the statute of New York This was exactly what lie should
have DONE The question should have been dvesed of all
prolcgomEOus matter, and the issue had upon simple
question OF the New York law and the constitution of the
United States This the only important question
,i with the Here involved conflict Of law, which,
fr the purpose Of cluciang will quote the statute OF
New York and the constitution of the United States. The
law Of New York says No person held slave shall be-
imported introduced brought into THIS State upon any
preiencc whatever except in heretofore specified
Every such person shal be free. Every person held
slave who hath been introduced brought nn this State
contrary the laws in force at the time, shall be lree-
There exceptions at one time as the section above in
dcates which extended exemption from ts operation whore
slaves accompanied their owners upon trip, limiting The
right stay travel in the State To nine months Every
exception afterwards repealed. which left The law il
stands and rccitcd. Thus let il stand ard will
place in the following provision o the constitution
The United States which says No person held service
labor G State under the laws ther"o escaping into
another shall IN consequence of any law or cgullnn there
in Se discharged from such service labor hui shat! hc de-
ycred up claim of the party TO whom such service or la
Dor may be- due Act H. Sec ,.
Here have Satr Iaw, which says any person import
ed introduced brought into the State sha be fyee but
I Ihpf bDurd C.
ping into free State shall not be frec will not bc
guilty stupidity o! discussing :hc difference in the
words used in The New ork case and he constitution
the phrdss0gy used intended 20 ohyiac The consiiIu
tun hn; of Itself will make the law unconstitutional!
The learned Judge is entanget in this embarrassing and
ridiculous position. Ii slave aways from slave
S.lc 5c captured bui, ii his lasicr i travelling
witt, his servant and ,oaccs 2oni where slavery is
PROHIBITED he can make hS Iuw bow walk de-
aerately ut lGue his former owner There Is law
10 capture him. He may escape from Stare STATE and his
master may regain him. he escapes from sarery he
reduced 10 The condition oi slave again Tris is
e of hs learned oi"ion this the !o'ce he gives
Constitution The fugitive slave aw IS constitutional,
the judiciary dare deny H. &c, law OF State, WHICH
opposes in most important feature The "brc; OF ihs law,
s cUns ucd haze its full iurce. The Constitution Of The
United States which highest lac, for there s mono
higher which the Hon. Judge TOOK n.oath 10 support, Is
sci in plain provision IN lis purpose, and sp by
giving State law passed 10 oovate tins very sec
un # the constitutions which have cited
NY little calnlng taught me Ia nnow the coHs,itu-
un and laws passed pursuance thereof, were the su-
pree laws o The land; any Law passed in opposition 10 ihe
CONSTITUTIONS or passed ts around Z. is unconstitutional
and void The law ui New iulH has right 10 say no slave
shall live in lis jurisdiction; the not be de-
aincd his uascr under any law that inrnscs the
rnht Of property u the citizen Stale. II do
nIc myself in New TUrE, and carry my property there
hold subject the aw New York. If pass through
the State larry thcie with no ihcnon o! becoming
citizen and do become one do not hold such Or any
rupcrly carry with SUBJECT the luw OF New ork,
as far az by which claim il AS property Is In.
VOWED /; The duty 0f tho court 10 say this law OF
New York is applicable The bar The
m"f% m i ab-- gay Constitution guarantees the rich,
ioa slaves and the right capture fugitive slaves and
Congress p'p-s The this right whic, il is
bu'd NJ" Only ~ recognize but protects and vet Tho rgr
Is withheld 10 r.air slaves when the holder win M
i1n OF becoming citizen passes from ueeessiv
save ohte throI.i Tree State another where s".s ea
government unable proec, luk superior 10 tie
ledees as such Is tLs Judge Payne. But no snch con-
cons 'tu"n -1.aA disciple except the lauhaceu.sy
iTaCtcd fGYeu abolitionis;. The Con-iitnon "l'sn
Int property as when II protects me rlsat
X person confined 10 spn; or contracted 'co'yi
ut ike inc sunlight, az il chimes with equal luStfc upon all
il reaches TOO The length and breadth OF ic Cnio iec's
equal uslicc inerr, Of every ciih" "c'ic, nc
resides on the broad savannahs of The Snnh sutonhu pl
scs that love him. and loved IN return ar aon
The capitalists the North where slavery meas o nome '
III. Stare no tTitnd - o.L,x =,
is beyord dispute in this country in every oiher sa
ysfv il regulated and held property BY the municipa IA"
T. is municipal right aii exist or NOT, as Tile Peopt :"
State determine Wherever the State laws allow H. fen
c.is which protected by the law III It's cne oearng anu
rns, cnne as long as The rcripea OF this right csen
uf State whose laws allow il. When TINS sht mus pro-
ectcd by our organic law, is n jeopardy should ne" us pro-
lection be extended Whenever the fgh 10 assacu oe
II in New York or Virginia. FOX Tho Constitution mat pro-
ac the Virnian in tie State Of Virginia. s pfolec's una,
came Virgnan when IN the State ol Ne" lorB' DIS ouu
the New Yorker When travelling IN lhls oa'c e'c o'h
he tarricd among US ,,.,x
right becomes endangered some man ana we saf.ms
or Texas with their slaves and before reaching the nsuic
lion of New York, they had by some sy means cschn
and cot to another boat which happening 10 to"ch 700
New York. though bound for Texas, and Tic owners leacI
New York in time 10 them land ready lor 'he Ou
embrace OF the abotoniss they might DC arrested ana re
turned to very; but if brought along win their owners IN
,he same boat and they touch at New York; ther slaves are
;nyo fco free because they travelled with them instead OF
running away iromhcr owners ii is clelr ocyono
mo I, or New York is unconstitutional See 10 what ao
surty brings its follower and disciples ne may DC a non
man. 50, he is no uIls; nc may nc man "a ah .
So he has never employed for the acquisition U!
he may be free from prejudice, II 20, lc - equu"1 ~
tutc Of love Of justice.
The clause in the Constitution cited supra is plain pro-
vision designed BY III for the protection oi the saVehoe
An honest lurst with broad and capacious views, wond
never have rested his decision upon the supremacy oil e
law OF the State which could only be applicable 10 the case
under discussion by sophsca consttnctnn wnlch very
effort TO make the fit the law made the Ia" ncoHs'u
,ipnal and therefore, II could not nj Inc case. :,
Judge Story says: "lhis clause was lntouuGIn " 80 W.
Cnnsulion solely for the benefit Of the savcholdln2 states
10 ena bic them reclaim their fugitive slaves WHO Snou'
escnpc into other States where slavery Is not tolerated.
The of such provision under The Na
ne qreypus inconvenience, by the savehoding
in many States aid whatsoever would ee aio"eo !" s
owners. and sometimes indeed hry met with open resistance
In fact, il cannot escape the intelligent reader 'al nahy
sacrifices Of opinion and feeling 10 be ounu maze oy t
Eastern and Middle States 10 the peculiar interest ol VI:
South This forms no Jtirt subject .! compIan'i a.t II
should forever ress The =iusvs aud m!"cheVous hou2h
mat the Souh has not all times ind It's fell share foH
/ the benefits of the Onion"
This is the language Of the most enlightened Jni!st ' co"
ry has every produced He speaks from the ioFce oi run
which throws even his pgendces in The shade, housa NJ
entirely obscuTed from the atte' part OIL he 9o
tatjon How does this opinion OF Story compare WIZ
Paynes? How 10. the benefit Of sare,odlng AtGesi 70
the capture f slaves cscapng from Stare Staf; ana ~
more4 Will il reach slave escaping from starery'
Does the position learning OF Story fan 10
the doctrine here maintained! No one viii CONTEND an
sure that our constitution and laws present the rdicuion
aspect OF allwag US regain slave II he runs away an
reaches New York runaway; but II ne 10 ca'fieu
drought, into that and thhn runs away, MS owner
forever dsbarred the right catch him. Such cons!'nct
is an outrage and wrong upon the cousltnilon ns
less Gisrepa:d oil right and justice. MAAChfo thi~.
HORRIBLE MGntE&.
P,--srrse Nov ia shockng ntG:Ic: tas :. 'Te''a'e
here nj O'Clock this morning. ltappaars maj i'' me
vent 10 tavern where ball was going % aud getting u"
an alteration with the a!:iord, dragged h!n ousioe
hopse mar named Btrj1mn Fox went TO his assisshc
when the gang turned upon him aid bca hli 50 hotflo
ha; he died n short Ie. Two OF the scounaeis name
.tsou Ctupes auG JOHN Hall, have been arrested
s y