The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1855-11-08

a thu motions matt' in the PAsssogr WILLIAM
SoS ta-. IN which he enunciat.sl "A doctrine
greatly at variance with the sentiment of the
peoIl. Of the Northern States. judge k,SE
Disputes the souDdDss. AMI legality Of tie dos
rp that thu mom-nt a slave s.ts his foot on
master. that moment h. i free Since the IL
nous LENNON eslse which Il yet. We believe, in
litigation. the Courts u many Of the Northern
State.. have given freedom Ia tbc Slaves brought
within their Jurisdiction by the act Of thu mas-
ter-no matter whether the owmr merely
sought 10 transmit his property through
the State, or desired To take up temporary
n~iflepcc within is boun.l Ia IA recent ea~e
in Ohio, this doctrine was m,et sirikingly en-
forced AT the eypeil-e Of il Kentucky gentleman.
residing opposite Cincinnati. who sought TO
transport slave 10 Wheeling. Virginia. The
tine occupied IN making thu transit through
Ohio, w"aId have bTn but few hours yet the
law rs espounlel by thu Ohio judge. stepped
in, AMI gave the slave his fres,lo,n
We give the main PARTON Of the judges opin'
ion, on this point, without expressing any opiI'
ion however. "a. 10 the correctness Of hi coDcli-
| -ioiis
The -aIie argument. that denies the righ, 81
PEACEFULLY transmitting one properly through
the territories Of u state. refuses the right Of
passage TO its owner And the question, what
Is to u" 'h'i"h properly !" such case re'frs
't,s.lf necessarily I" thc law OF the state from
winch the ch'ni' Drugs u hihrn' test
would sanction the con'iScati"n oI property at
the VIII OF III" sovereign through whose terrific
| ry II seeks 10 pass " o''e state may decree
that there shall r no property ~" right OF
ownership IN human beings another, III spirit
oi practical philanthropy "iy niue more en-
ergrlic, may deny the protection of law to the
pr"u'is OF Save labor AZ" thifh may de-
ho"hee "a si'h'iir ou''a"iy ag"is' All ih,"Nica
ting iiqnldS. Ana u me laws OF Il SLATE can
c"n'r" the rights oi properly 81 strangers pass
ing through us territory, then the sugar of New
Orleans, the cotton OF Carona, thu Wines "i
OHIO and the rum 81 New England may have
their markets bounded by the states IN which
they are produced and without any change oi
reasoning. New jersey may refuse Ia ciin'iis Of
railroad to New York. The d"ctrim is one
that was exIiodSi IN EuroIr more than Hour
hundred and Tiny years ago, AMI iin,ls now, or
iound very lately NJ parting illustration in the
politics If Japan.
II was because, and only because, this right
was acknowledged by all civilini nations, AMI
liad never been doubted among the American
colonies because each colony hal At all iimfs
tr.aal an has isll
ishng tina, liberal commerce which makes a
brotherhood of interest even among alien states :;
II was because Of this that no man IN the con
vrntion or country thought Of making the right
of transit a subject Of constitutional guaranty
Every thing IN AMI about the constitution implies
il II l. found IN the object :" Ia establish II
mon perfect union. IN the denial To the states
Of the power to lay duties on imports and in
the reservation Ia Congress of the exclusive
right Ia regulate commerce among the same
This last power If the general government,
according to the repeated and weilcon4i,iered
decisions OF the supreme Court Of the United
States. from Gibbons agt Ogden, . Rep. To the
passenger eases. Howard, applies To inter
course aS well ~ navigation. 10 the traDslbrta
ton Of men as well as goods; Of men who pass
from state {" state insoluntarlly and It exohidse'
the right "f any state to pass laws regulating.
controlling, ar BOrtiori prohibiting such inter
cour~' ~ transportation. do not quote the
word Of the eminent Judges who have affirmed
this exposition Of the constitution. but il is I'M
possible Ia rad their elaborate opinions. As they
arr found in the Reports, without recognizing
this rs the fixed law Of the United States.
u m,Nis M reference 10 disputable annals Ia
show that when the constitution was formed in
IL.