Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-01

EIhe following communication, from an enlight-
ened Jurst OF neighboring city, on the subject Of
comay OF the states to each other, is we'll worthy
| OF attention--Ed Albany State Register
One Of the most contested and least precise principles
OF the law OF nations and Of American public and private
international law is National and Interstate Comfy The
reason is obvious Every nation has an exclusive urs
diction its territory and no extra territorial law or
exist be enforced there except by the
express or permssiye Of the lex loci Among the
States of our Unon being municipal soyeregnties the
same principles apply with this modification that our
federal Constitution forming the States into perpetual
Union, and securing common citizenship to all Amer
can citizens, and certain territorial rights of the
States, common Legislature Congress- and general laws
regulating intercourse and among the States
gives to national comfy effect far greater among our
States than among separate nations
Our system Of necessity not only embraces the prn-
ciples of national comfy, but by implication those Of
comfy essential to complete the perfect har-
mony and union Of the United States This essential part
Of American law and jurisprudence is found in no express
declaration Of the national Constitution but it is incl
dentay recognised by the power conferred on Congress
over commerce and intercourse with foreign nations and
among the States by the national effect given to judicial
proceedings Of the State tribunals by the COM
mon rights Of citizenship conferred American citizens
in all the States by acts of Congress allowing the recap
ture OF bound to service if found in national ter
ritores and by acts permitting in places under the ex
elusive jurisdiction Of the United States the arrest o.
fugitive slaves and criminals fleeing from State jurisdc
tons Though not inserted in State constitutions their
laws and tribunals recognise National and Inter
comfy as part OF the er soc and or American juris-
prudence So the Supreme Court of the United States
has decided. National and Interstate comfy then is
udpsae
prudence.
The only debateabe points the applications of its
principles When in any State tribunal the law of comfy
is to be applied to foreign contracts marriages divorces
marriage contracts transfers. liens bankrupt discharges
defences wills &C., arising made in foreign nations
other States of Union all State courts agree to
the existence of the law of National and comfy
and they seek fairly and fully apply and enforce it.
This not by virtue Of any express injunction of State
law, but because it is incident to system and to the
just and catholic principles infused into modern juris
prudence Of the Gospel.
In questions touching slavery and the rights Of masters
persons held to service this law Of comfy has not
been enforced in all States by the State tribunals
brief examination of the subject will show this to be
violation Of the spirit of public law By the ma
onal Constitution property in persons held service is
made subject Of direct national taxation and Of course
the right Of the masters is directly recognised by the
pact of the Union. When it adopted nearly all our
States allowed slavery and the purchase and sale Of
slaves and their passage with their masters into and
through all any of States that day common
and This Acknowledged right ndsputaJy exercised
This was then the comfy Of States and the Const-
tuition was adopted to make the Union perfect The
right property in siauss being admitted By the compact ofhe
stde IS ~ not against comfy justice, and good faith for any
STATE to seek to destroy and violate the letter and spirit
Of our Federal Constitltions
There are about three millions Of slaves east upon
shores by the colonial policy and cupdty Of Britain
They more comfortably fed clothed and provided for
than six millions Of the poor Britain and Ireland They
are worth probably nine hundred millions of dollars and
their labor produces comfortable support themselves
and furnishes annual product of three millions of bales
OF cotton and large amount of sugar. RICE tobacco
wheat corn, hemp, &c., amounting probably at least to
two hundred and Fifty millions of dollars worth Of yearly
slavery product 1t furnishes the leading articles of our
foreign commerce 1t itself with our CONNER
cal manufacturing, and national interests as well as
Nth ths Immediate happiness of the population Of our
national interest well amostmportant property,
cognised and the Constitution of the Union?
is the right Of every American citizen to pass at
pleasure into through and out of any State and it be-
longs alike to all 1t freely admitted that any State
Congress- by virtue of sovereignty, may establish or
any State has right TO deny temporary residence
master and his domsscs though sIapes free passage sOk
them through its territory; and any State that bys lor
uad, discharges such slapss from the legal ownership
control Of their that account violates American
public as and hc true principles Of comfy that form in
denial but essential part Of American lao and Jurisprudence.
As Courts and Judges have held different doctrines on
the subject Of the application Of comfy to slave property
decaratory law ought be passed in the State of New
York, and in oil the States Of Union, to enforce
National and Interstate comfy the former as now
practsed and the latter the foregoing principles And
all the laws violating interstate comfy in States
ought to be repealed.
The principles above stated deliberately explained
and authorities referred to- in work Public Law en-
titled american Institutes" ready for the press
written by lawyer of this State. MARSHALL
CAPTURE OF A SLAYER.
The schooner Advance, of New Orleans arrived Nor
folk Sunday morning, in charge of JOHN T. WALKER,
saingmaster, and Mdshipman w. +. Toos after pas
sage of thirty days from Port Praya She captured on
the Goth November Port Praya on suspicion Of being
- ~ Il. ~