New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-15

re.al 10 sns ser; that IL % say, 10 mako full and
.vfnl answer 70 the wit OF bsbess oo-pus-aa answer
.e:iing forth si TIE fsc.s shin be- knowicdse "nieh
arc necessary 20 decision y he court wheher ne
had rot re power 10 produce the negroes sod con-
.rol those IN whose custody they WERE He Is nov
unde rgoipg restraint, rct punishment I'm neGis'ey
,er Re opiuon was cad no was Informed IN ans yer
10 remark from bic counsel, tha' the commitment
wss during The cOElc1pt:' tae cone npt OF The
parry and the order o: the cour. consequent uPon II
determine together. , 49,,
..r,Iv judicial action in that case The opinions an
noupcec by the Judge npon other points may perhi9.
be regarded ss merely dic,d. But l. nsu SgpsT1
fom the 6ef, ndants declarations "hen upoa 'ae sihi
that he supposed Mr. Wheee = slaves to have become
free AID that this cons ie.a.on Jushhe1 hts acting
toward them as be had done. IL seemed due to hin
that the court believing, as Old, those We 70 os
correct should hot WI hholc an VI It's ols
sent from hem. Several suecilct peslti9ns were ae
cordjusIy asserted by the judge; TWO Of when may
invi'e few additional remarks 81 this tune.
know of no statutes OF Penpsy vania, the judge
sid which affect 10 oiyest the hts OF property OF
citizen of North Caroln acquire and asserted under
the laws OF ha. State, becaue he has found " neitui
venieat to pass through ma territory OF fenn
syIyaIia; and am lot aware that any such statute
fsuch on were shown could be recognized or valid
in 3 cont Of the United States.
The frs, of these opositions may be vildica,ed
easily. BY this common Law as Il came To Pt nnsylva'
Liza Slavery was familiar institution Only SIX
DAYS after the frs. legislative assembly met in Pnila
dephia and thirteen days before thu Great Garter
was sigJ ed the Council was engaged In discussing
law 10 prevent the escape OF Iunawaysi aud iodr
days later il Get juGclay, NllIsm PEN hislseii PIE
sdire, TO enforce a contract FOX the sale OF slave
Newcas,ie Ken and Sussex, wnic Time
and for many years after annexed 10 Pepnsy Tana,
and governed BY the law, continue to recognize
Slavery up 10 the pres Mt hour. /: survived IN oar
Own Commonwealth, legally lFotec ell Institution
un time after tue census OF 1870; 50 cant pusy
q the act of 1850 for its gradual abolition among u.s.
operate upon the vested uteTes Of our own sllVe-
owner.
Visions the don ic slaves OF delegates IN Co1gr,ss OF
foreign minister's OF persons passog through, or
s0joHrRiag in, the Stse. aud not becoming RESIDENTS
therein provide such slaves ms dc diRei IA the
State longer than sis months. The act OF Is 90 re-
Ueated SO much of the act Of l7sO as suthonei mas
ci ard oTIers at slSves 10 brinC AMI roam Their
slaves within the commonwealth for th9 period OF
SIX MOI tbs for Atty period OF time Whatever But
it cid o. affect rescnd the rlght OF slave
owLeIs passing through territory. 1t app led to
uelsons resident a. persons S9J0urRtRg WHO brought
aud sought 10 retain tei slgves here for over sucl
yeieoIs their rg hts Of property the STATE hai law
ul dominion: but il Ell tia Iignt OF tr4ust Tor prop
city and persop over which had no jast
as il was b. FORE and il stood under hc Constitution
OF the United States aud the law of nations.
This bring. ne to the second part of the position
affirmed in the courts opinion, namely, the ght Of
citizen of one State TO pass freely with hls slaves
ihrous the territory of another state i1 which the
institution of Slavery is no; recognized.
IIeed not say, that before the compact OF union
Was form cd between the States each of the vas an
absolutely sovereign ard Independent community ana
that exc, pt soar their relations 70 each other and
10 foreign nations have been qualified by the Federal
COZ stitutiop eaeh OF them remains So As such II Is
bound by that great moral coce, which, because OIL ts
universal Obligation, is called The law of naiio1s.
hat il could not II freed from 4aNe reslc'
iions cannot DO every restraint upon - pocy
Nkich outy 10 othCr STA would in that 3se inyove
bincs II siil just il the Union had been dissolved
or had never bees fbrGed. .
All The staiists unite III regarding tue rlgh OF transit
for I,rson and property through the territory OF
friendly State as among those w3c1 cannot unde; sr-
binary circumsia ntos be denied IdtteL u. 2 On. 10
Gl32,, g. 4; Pg6eHdOt, b. ,, oh. ,, 5 81; RaMsrj
INIT b. = eh. .; Kent Com. SO, 80. IL Is true that
! the III ht is not IN unqualified one. The State may
impote reasonable conditions upoh ts exercise, and
exact guarantees against ITS abuse. but subject 10
thee limitations il is the night OF every citizen of
! friendly STATE.
| The right i. the same, and admits just the same
qualifications 10 ~ penon aud to properly lac
same argument that denies the night OF peacefully
srsmiirg o1es property through tie territories OF
State refuses tie r9 b OF passage 20 lie owner And
the Gues'ion hat is to be deemed property in such
Gaze refers se necessarily TO the Law OF tue State
| from which the citizen briggs Il. different test
would sanction the coDiscalo CT properly at the VIII
of The sovereign through whore territory 1t &c ks to
pass II one S'e may decree that there snail be no
property 10 right OF ownership IN human beings an
other N spirit of practical philanthropy o,ys little
more ergetc may deny the projection OF law TO the
products of slave la,or and third may denounce
similar outs cry agalos, oil intoxicating liquids. And
il the laws OF State can control the rights OF property
Of strangers passag through it's territory then the
sugar OF New Orleans, the cotton OF Carolina, the
wines of Ohio and the rum OF Ne y-Englan1 may have
their markets bounded by the States 10 which they
are produced; and without a; change of reasoning,
New-Je,sey may refuse TO citizens OF Pennsylvania
the right Il passing along her railroads.&c. NeN'fork.
! The docrine is one that exploded in Europe more
than four hundred ana fifty years ago, and finds now,
or found very lately, IFS parting Illustration In the
/ politics of Japan.
II was because ard only because this rig was &C.
krowledged by all civilized nations and had never
| been doubted among the American colones-bec suse
each colony had at all times ende ed its Inequalities
freely TO the rect, cherishing that liberal commerce
which makes brotherhood of interest even among
alien etaes it was because of this that man 10 the
convention or country thought Of making the right OF
transit subject of constitutional guaranty Every
thing in and about the Constitution implies It, II Is
found in the object, "to establish a more perfect
"unop " in the denial to the States OF the power to
Icy duties on imports and in the reservation 10 Con-
.grss Of the exclusive right TO regulate commerce
among the States.
This last power of the general Government &C
cordDg TO the repeated and well considered decisions
of the Supreme Court of the United States, from Glib
Dor We. Ogden, Rep TO the passenger cases, How
ard applies TO intercourse as well navigation to the
tran sportaton Of men well as goods, of men who
pass from State TO State involuntarily as men who
pass voluntarily; and it excludes the right OF any State
TO pass laws regulating, controlling or torttor pro-
hibiting such intercourse transportation do not
quote The words of the eminent judges who have at
amed this exposition OF the Constitution; but 1t is
impossible to read their elaborate opinions, they
found in tho reports without recognizing this the
| fixed law of the United States.
1t needs 70 reference to dsputable annals to shOx
that when the Constitution was formed in 1887, slaves
were recognized as property throughout the United
States The Cons tuition made them distinct ele-
ment in the distribution of the representative power
and in the assessment Of direct taxes. They were