The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-17
The Case Of Jane T. Amer the COlored Child
-Disappenranrc or her Father
SUPERIOR COURT-IN CHAMBERS.
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SUPERIOR C0URT-IN CHAMBERS.
Before Hon. Judge Duer.
MAY 16 The People Us Rose Porer-Tbe proceedings
in this case we're resumed at o'clock T. NJ
Mr. Culver said he had other witnesses to prove the
character Of Mrs Porter and the character OF the ~
No l0l Mercer street. where she resides and where
she Keeps this child unless counsel the other side
would ADMIT these allegations to save time.
Mir. Brady said that when witnesses were produced
he would not object to their being examined Mr. Brady
tnen proceeded to argue that this was an application by
father 10 obtain in that capacity the custody OF his al
legged infant child To establish his right be must show
that be the father that the child born in wful
right retain IT, II the petitioner does not atrm.
lively establish his right conformaby to these require
meDts the child must be remanded to the CUSTODY OF Mrs
Porter The basis of the whole proceeding taken away
if the reator have right The child has free will and
s entitled to exercise It as to remaining with Mrs Porter
and 1t expresses ttrong desire to remain with her
There is nothing to show that its comfort or morality
will be othersse than much promoted by leaving It with
Mrs Porter aid even If Mrs Porter improper per
to retain ths child that does not Justify taking II
from her by writ Of habeas corpus. He (Mr Brady
would prove that this lady has paid her to Cali
ornia for the goth of this month, where she goes on
promise OF marriage and to which free State she intends
to take this child and where she could not f she
were disposed reduce it to sa gery The fact is there is
an attachment between her and the child equal to that
which would exist even if it her It does not
necessarily follow that when women stray from the paths
OF virtue that they lose al love affection for every
human being On the contrary it too much love that
educes them to their unhappy position. This lady had
ADOPTED boy, which is receiy good education
and she has taken another child female from flth and
degradation and moaiss desired the oppor tunty Of
child in this city to take from the bondage Of nfamy and
prostitution the want Of color objection This
child Il Lot shown to be under any restraint whatever
The contrary clearly appears There i evidence of
any intention to subject the child TO bondage The proof
is that it is free and that it is to be taken to
a State where II will continue to be free If il be
given up to the father. and he takes it to Mobile ii
would be reduced to bondage, the mother being slave
Mr.. B. referred to the laws Of Alabami, I'll. 500
The peorer in this case has not proved the facts
emitting him TO the custody Of the child he is
peten witness, as the proceeding is for his direct
benefit No marriage is proved BY him for the statutes
OF Alabama require marriage, bet free white
people TO be soemnized by licensed officials ministers
and under special qualifications There evidence Of
the solemnzaon OF marriage between the pc ttone nd
Emma the slave woman; such contract requires the
consent Of two persons capable contracting and In this
instance, the mother being slave had capacity to
contract without the consent Of the owner Ia az ain
referred TO the laws Of Alabama Mr. Brady admitted
that this lady lived in a state that could not be
called vrtuous but she had abandoned her of life
She was common prostitute, though she lived
with his wife He repudiaed the idea that the
child TO be taken into slavery He for would not
lend his aid to this respondent it to be so yet he
would not for the salvation Of whole endange the
Union.
The Judgeso then, by the laws OF Alsbama If those
people continue their must be by the violation
morsl and divine laws
Mr.. Braay-so il appears. Mr.. Brady concluded by
the child In order that her feelings and wishes might be
ascertAined
The Judge said the rst question to be determined "a,
Trainer il the father of the child and entitled to her
custody The incnstons Of the child would not alter
his rights but If it becomes question Of discretion as
TO who're custody the Court shall order her then he
would examine her. II IL certainly an important con
sideraon for the Court that this child IL back
TO Aabsma to slave mother she becomes bond again
o., BRADY then asked .s t b. "a 70 sign the
He was called but did not appear Il understood
that he had left the city.
the ps!i!:nsr aid not appear he would di.@iss t. and
remsnA she child 70 the custoAy Of Mrs Porter.
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