New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-03

,Ss, he slareboder going with his troop through free
State dsoleases - Constitution and laws ana sal,
mics ther with his own slzTeholtiny Cons'fu'1co NJ
hws snd insults the feeliass Of large poTnon Of NJ
adee Paine, OF Tex-York has lately decided case
in which the circumstance in subs.ance are the sane
a. IN the one decided by Judge Grser; bit i1stesi OF
eondernping thoee sOuEhf 20 be 1fe sirTes ANA 20 N
terruinahle bondage he discharged than lie regreci
much that he felt bound make such decision ou as
fscs ofhe lac 20 clear az % divestt ne "a o. ~
doubt Tie papers stsfethat ~ suoscroeu iVOiJ'
nensa.ion 70 tbose who had only submttef 70 INC aN
and con,tiruiOn openly published We do not Tsnt'oo
Ibis A. an 70 approve OF H. for we are very lar IRON
thinking II rhr but showing row eisSry ne iel ~
self bound to do what he did do az "a q
Law IN the case before Judge Paine, the slaves we're
brr,st, into the State a FewYork, !. The one bstore
Iudre Grer theJ were brought into Pennsylvania 10
neither State Il there any law or constitution Tor slave
~ Il having beeR long since aDohshed IN ne'nsr
ed there be an for the slaves they beng 10 me
ststes of PENNSYLVANIA or New.YOrk- Their owners
were merely passing through, 100, having 10 70
rernain Had these persOss been Kept IN tlrgais or
Arkansls-eren q Their cy 1rfs-oecsaie me laws OF
The State extend thst r bur not fartherwe have no
doubt they would have been slaves % this hour Iae
same pouer extends the laws and Constitution OF View
York and PENNSYLVANIA but more, and II woui Jnst
be n Ct and lawful for frssIsH OF those ssa, 20 ge
INTO the Railroad cars al Baltimore, and declare that
All the slaves in them free person. as Tor save
holder Of Maryland. after Introducing he isOwoeins
into Pennsylvania 20 seize and claim thoul a. sas&
can be no doubt and which Of them will be desnsd
mot compatible with hberty-vith the rights OF the
ststes and with the Constitution Of tie Unte1 STATES
If Time has no; already determined, U soon WIZ
Before entering another part Of this etays wich
n uroposel 10 examine wish 20 few words as
to the treatment which Chief Justice Mansfield gets rom
his brother on Supreme Court Bench Judge Hfcr
produces the we DOUBT nOs-
for we cannot presume any judge, or experienced law
yer who gives professional opinion about Liberty AMI
savery ignorant Of the Somerset case-tha Aansheid
made the decision referred TO- with that kind OF en- ser
fulncSs and aaerify which persons usually snow "heh
they are enforcing any measure which correspond with
their own views But 50 far WIS tins from bens me
Gaze that he tried not decide H. tie knew mar ms
opinion would be recognized a. me laN o. tlS ;t
land and he did not wish TO estsoHsh sgl. rS1t
In siavekoliers 20 bring their slaves WIN mem 70
England and take them away az pleasure AT ths saIe
time he was awaTe-as our Supreme Court no" Is, not
wifhs;anding our NTiffsE o0HaHufi0H1t ava tgf pro
% sfs dngtkiuQ from the bench that would scr
Tree ALL the slaves then IN England lie maze tne "e
cisiou reluctantly and Hs u were. was fOrced mo IT,
II world be unnecessary for me 10 say here tat Mans
field was one of the ablest udges-perhaps ne ablet-
that ever upon the English bench HE superior has
nowhere been found lis tGte@e-t or history OF case
was clear-so wellsTanged-as 20 render al srsa'
neut with mos. minds superiuoss He delivered many
able decisions Among them there was no one go able,
20 advantageous for the advancement OF his country As
the one in the Somerset case, for since was gwen
there has not been slave in England though they we're
numerous before Therefore for Judge ner 70 say OF
Chief Justice Mansfield that he had IN the somerset
case said some praty diaRs" and that what he had
said in Il deserved 10 be cassed with "rhSfortoai
fopri.kes rather than legal dogmas Il treating the mem
ory of that great uan-thst great judi en rather an
uncourteous and unciyl manner
But 10 dismiss ths-there IL another visw taken oil
the Fugitive Slave act, which we have innma'ed We
wished 10 consider The charge says: IL u TOO piAa
for argument that this act does not intend 20 make com
charity crime treat that man ~ guilty. oil an
odeusc against his neighbor ps not me iuS,Ns NJ
neighbor also , who merely furnishes food, lotsing
and 1grfff 4 uTrV
though he Il an apprentice or slave 10 MAKE any
act criminal by which slave cludes hi- master tne
intention or purpose which scconpanles hlas. Ds -
encourage the fugitive in the descrron oil hs maser
10 further bic escape aud impede his reclamation ms
expresses II mistake not the whole substance oil tas
part Of TIC charge bur there il much more OF reason
Ing confused a. it j. and must be- 20 make the law ap
pear not 10 violate charity, or the humane ANA almost
Instructive feelings Of the race. The words qu1'ei are
truly brave words aud the position tax by no means
a retrcaiinC retiring one but all viii not -
cure Il from q clOse and tree examination, and narrow
scrutiny The time has long since passed away when
tie dicHn Of any ons even Supreme Court judge -
deemed decisive on any question snd least oil sn
moral one-one binding on mems cOn-ciencfs. Inc
comparative diffusion OF learning has cquszei "a much
more than formerly were and IL stu greater dii
fusion viii egualizc much more operating on man
very much like firearms the soldiers, making the
small and weak &c equal IN efficiency A. the large AMI
strong
The assertion Of Judge Gricr Is rot only untrue bat
II Il in bad taste II were true Tor those who d
fer from him would rather have sober argument Of
reiutaiion than any sound.mesnng argument how
ever ouiit may be. He ought 70 have known-we care
not what the party type OF hs Personthst there
was not one throughout whole country, 81 all re-
mRrksble for humanity or benevo,oncc, who did MT
condemn the law because II cruel II we 90 ont
OF our own country Europe there Is just and
ntiee mind who does net condemn the law for tie
sanie reason that il j. condemned - home. Bat 20
fIiends-ike Judge GrieT-have treated those ohjcc-
iiOns ~ vBd and fanstcsl
But Judge Grier's remark i not ouly untrue. sni
hsref6rs vi wise but Z alsO in bad taste II scholar,
By long and labOrious study, were n convince hm'ot
that crest idea, which was Luost universally re-
oeved true, war, IN al IL forms bssee's srd LJ.e-
that II had produced, and never would produce
any good consequences, would be injrdicous IN him
70 ssy IL would show spirit Of !utoerance--a sec
tartan biAsaiwsys Inconsistent with an esrnest sui
honet search after truth which knowing our own lie
bty 70 error ia what concerns & most i modest
and rather Invites than repes "a examination OF IT. re
suite
Indeed. hs Imat impossible, nst quite 30 20 Ii,
cvss this subject oug 10 be ii consider eisry
e. a thing only az today, Of short fiule.-oas -
which men not always bound one which car be
REQUESTED D. le Ttis lat cannot be done though
<ony hearted LAWYERS seem - link persons thath
10 TIVE ctslitKble iecn but who pisaliaR'y suppose
itcy have vixen hcysf down "a charitable and tu-
msns "Lsfeyer human law aghorizc- ani Whatever /,
io!liGs IS ~ charitable nd iIhariAn.
Judge Gr.er would 10 luit charity 20 iura-hn,
food IsineUi Snd 70 tying O. those who may be IN
Of them Now TIA, the.e acts generally Originsug
IN Charitable fcehngs-inl 5cj that they te proper
products ~ thenwc 10 IL e. al deny. feel IN
cdned 20 dtny Nor lO We dciy tie. q laE NAV b. 20
framed 10, 10 be inconsistent VITA furn.-4.us food
lOdging and rsLneui - the hungry wcsfy and nakoi
wsUdcger. But Is THE al q Il Can charity BE- -
bounded j. 1T this narrow view Of charity Was
charity GA earth ~ sOol - mau was PLACED Oh A.
To BE- hind hrLeTccif chE~l1S o. one garher ]. part
OF nature. Il wts .ufend-e male u .Dpy sni
We u-ht not - Las been well sai by smother & con.
sder clarity a. an 0leroys duty, bar privilege -
81 opportunity conferred upCu Us oi attlifing ~
resemllsnce g. the F0-niaa snd Agftlr u al excel
lc1 &C." x - ais.Lc.
20 20 20 thc bot,om 81 The matter D. any thagni1-s
!uccus tst vrh caof.y, with l9ylng our neighhlr sai
e,lg gCOt o. La, than ssVery iis'il 70 compel by
raEof scurc crut peFsotal alirtiouJf +ssisk rrf {,
cannot he--cgE lowhores - work i9r us 81 ra-ir
lyes 5r aStiEg-tC oeguca.h taem ami iheir children
t0ouT cllrsa or heirssO suIpFess by .AE Their hlgh
t,ctitrs ~ NAS-tscuites -iyrn - them ~ he sanie
Heavenly fs-her tat -.vo rs oursro these iacui.
ties rs-cr than tfe sl wlses sholld u0t
be TrtieG s iAis cegts.Ey 1oe. uct very char.
table @! g. coI-i-t IN tai love which = kuieven %