The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-11-18
THE DAILY DISPATCH
From the New York Express.
THE SLAVE CASE


The voluntary introduction here of sIsx.s
from Virginia, in transitu for Texas, disclosss
TO us once more the antagonist elements Of
our complicated form ct government, and the |
ditlcultles and dangers under which that form
ct government is always laboring. There is |
no doubt of the right, ordinarily, Though
Maine made an exception in the Maine Liquor
La",) Ola citizen Of one State to transport his
property throug b another State; but slave
10 mixed entity, part person and part proper
ty and though the property part of him might
be passed through New York in fransitu, vet
the person part of him, it is decided now, can.
not be: The principle adjudicated by Judge
faine is very important one, and one which
independent ofthe New York statute upon the
subject, mig ht have admitted of much doubt
but under that statute we do not see how the
case could be decided otherwise than he deci.
ded 1t. The State Law undoubtedly intends
to prohibit the introduction of slaves here I'M.
der any pretence, or in any form whatsoever
and this being voluntary introduction from
no imperious, overwhelming necessity, it Ger.
tainly comes within the purview of the Law.
The decision is of importance to us on the
Atlantic, but it is Of more importance to US on
the Western rivers, where free States, as on
the Ohio. border on slave States, and where
slaves aie constantly in traasitu from Virgil
MIA via Cincinnati louisville, and the ports on
the Illinois side Of The Mississippi. L, was
contehdeo II the case before us, we see, that it
was natural course of trade via Norfolk, in
the coastwise steamers TO New York, thence to
Texas; and tits now undoubtedly, if we may
be allowed SO to speak, an artificial natural
course OF trade-that is to say, it is the easiest
way to set from Virginia to Texas. to come TO
New York. The Court, however, decided that
under such q transit, slaves thus introduced
become free. On the Western rivers, hum
dreds Of slaves are an traasitu by the free
States; and what effect such decision is like
ly to have there, time must determine, it the
cases are made, and the decision is not reversed
by any hig her tribunal.
We are not prepared to discuss, Independent
of the statute, the highly important and, un-
der our form of government, very grave ques-
ton, whether what is absolutely property in
one State, as slave in Virginia, can pass in
transita through free to slave State-mere-
ly in transitu, with no mind Of remaining,
more particularly when the transit is natural,
or involuntary. To the Western slave States
and to US Of some importalse also, as the de-
cision of the court precludes our New York
commerce from being the vehisle of emi.Tant
coastwise slave transportation, inasmuch as
now Virginia slave is compelled to 60 over
land to Texas, rather than by steam all the way
via York. The decision in no respect dnnn-
ishes slavery or its "cruelties," but rather az.
gravates them, as it substitutes an overland
passage Of 1900 or 1900 miles for an eight or
ten days voyage by steam. 1t is a question
surrounded with embarrassments, which, how
ever, very many will appan,ly settle.
In the case of the "Creole,' discussed with
Lord Ashbur,on by Mr.. Webster in 1s%2. the
latter laid down the law on the point off slave
carrying vessel being carried by violence into
Nassau, British port, in which he contended
that
"The local law lin the Bahamas) would not
operate to make the goods Of one man to be-
come the goods OF another man. Nor ought
ii to affect their personal obligations, or &C.
istiag relations betweea Mems elues."
I" The local law in these cases dissolved no OBJ
legations or relations lawfully entered into, or
lawfully existing according o,he laws Of the
I1ip's country
''ltmay be said that in such instances person
al relations are founded on contract, and there
fore to be respected, but that the relation OF
master and slave is not founded in contract,
and therefore il is to be respected only bv the
law of the place which recognizes it. Who.
euer so reasons encounters the authority Of
the uhole body Of public lar, from Grotsns
d0un, because there are numerous instances IN
which the law itself presumes or implies con- |
tracts, ana prominent hinODS tnese INSTANCES ID
the very relations which we are now consider |
ing, and which relation is holden by law to |
draw after il mutually of obligation"
Great Britain in several cases made compen- |
sation for slaves taken from American ships |
driven By stress of weather into her West In |
dia ports. The Creole was carried into Mas |
sau by persons who had Iisen upon the lawful
authority of said vessel, and Mr. Webster was |
claiming compensation. These Virginia slaves.
Of whom we now speak, were not taken here |
by any stress of weather or violence, bnt in |
transitx, and the question is, whether inde-
pendent of statute, The PERSONAL relations be.
tween master and slave were changed by touch
ing at New York.