Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1853-02-26
Legal Miscellany.

Several notices of books and good deal of matter
prepared for this head have been crowded out by the
length of the abstracts of decisions in Pennsylvania,
which were of too much immediate Importance and
value to be postponed for mere symmetry.
We have been favored by distinguished member
of the Philadelphia bar, with the following observa-
tons on the recent decision of Judge Paine which
has created much feeling in the Southern States
We are obliged to defer remarks of our own on
this important subject, till future number.
''The decision of Judge Paine setting free the eight
slaves found in the port of New York, on their way
with their master from Virginia to Texas must fill the
country with political indignation and professional dis
gust. With the first we have nothing to do, and on
the second have brief word only to say. This hap
Ply decision is made to turn upon SoerSetS Case and
like European authority to which the learned Judge
adds that the New York Statutes to the ef-
feet. These authorities of the common law of Eng
land and of the law of nature and nations, says he
show that there can be property in slaves except
by artificial enactment and therefore there being
artificial enactment warrant it, even for the purpose
OF transit through their territory property in slaves
cannot exist in New York. When they are there
they free; andi they brought up on haeas cor
Pus, they must be discharged This is the decision
and 1t is the most gorgeous example of deciding the
cause and missing the point and when too that point
was OF surprising magnitude and Importance, which
has ever come under notice. SonerSetS Coee,T we
select that because Of the learned Judges citations
it is the best known, and because it illustrates his
whole argument and doctrine, was decision upon
what is called the policy of the law 1t afforded fair
opening for an old fox like Mansfield to make point
and say something, but he hit it off very we'll We
have fault to find with him. He decided his case
just it would have been decided any where else in
or out of England, where domestic slavery had no ex-
istence Whether the ASSiento treaty was at that
day in force not do not recoliec and if it were
his lordshp had only to say that policy for England
was English policy, but policy for the Colonies was
any thing at all that it might be very well to send
negroes to their friends in the Carolinas and Georgia
but let them come and polute the carpets of Westmn
ster Hall, was quite another matter. But does not
Judge Paine see that Lord Mansfield, with his common
law and his garnish decided in SonerSes Case nethe,
more nor less than exactly this that the policy of
land was against slavery! If the learned judge vii
penetrate little further into English law books he
will find scores of ruled on policy, the policy d
denying the use of to the people, the policy 81
foryng the established church, of Strengthening the
arstocracy of backing the landed interest against the
merchants and shopkeepers, of helping the press.
gang of encouraging the strong and dscouragng the
weak, and hundred other policies, about which We
have TO say than this that they are not poll
cies of our Republic. Now let US inform Judge Paine
of that Of which he to be profoundly uninform
ed namely, that just the policy of England is agains
slavery the policy Of the United States is the othel
way, and that the constitution of the United State.
sanctions the possession of hundreds Of millions d
property held accordingly and that his quoting Som