New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-10

- cry 20 hem than Jtnrf
O. oe'or ~ Vhr1 to- i,~ o. .ry o'h-r q@sa1a 9' -'
ted 1tt-n vito NJ SAYS Eo-i.E i tic az - s''oS
=, ILL., CO.. , so-o' ,1o 20 ts or.ry
| p.b &C. excitement. which Ar gathered sIouad it
In ps S'-te," ssys. 8" It hiss been rscoZniz7i
| from the beginning o. the Governed - core =
pctri L il law ~ master wac taxes lis slave -
| ra-i1e IN s s'e or Territory here slsve'y " pro
| hih'teo ''e-eD7 emsaCps'es h.. elav' Ihe-' a.
irn. wF;oh e. ire oo<u . the year lSi1 --e'n-d ~
! h.1c - 90 t''isc ne question hat -in b" 'a1' IN
nle Ls. b.. 10 Gaze hing ~ It be- r. me c'1T i'
| sly e. u-iOs rs'uD 10 TIE pre- IN " 49,,
| Vurts Whue-,ots TIE q e-'i . ~ III 81 - w
| s,.,ut, ont uHeih.r one nat would eKc''" W
r,sl iav. Of suo'hor and tue court repie1 "a M
| I. euA+e, Hrttr-e ga 'sd 10 I)a'ia" IN ~
lt,.oial %. ~ " tabnie' 1r"d rcoLnm 'l' =
ia ~ tf pf pzffc liar PI4 80 ' 49,
w. ~ COZ NJ tie person wrtreFef n = -, 81
-. Ct'ef Ju-.ice Observed r. M Csc 81 Ktc 81
| N,ker the act o. C0rgT'ss c.itd tn VI 'ur = n
ve- M. ia a. Cpers' ii- o-f - zee ~ l1s1
| Ul.n Dred Sc1i. his wifi a.d cliCr.u wfr- r.
| ncv.d r., u Fot Srel'ins 10 ME ur in l<iS l--g
we're frte a. the i6S tAeu r. tied SUI con iOuc1
! hr fou-een years sferwsr5 ~ & 1872. w1eL the
! above decision Tnsse. PiJr n thi- for ue4uy
rsir-y Year, Chief Justice Gamble declares tn
rt,iCtuce Of mset@T With biz slave IL the Sts'e %
! 'lIOr CT 10 tie territory north Of Missouri. Htera
Saver PROM bi'e1 by he called me Me-
Cor promise would Usnumit The slave ~ ef-c nAlv
if be bad eXccu-cd deed f ensncip-ti %; AMI
that officer Of The amy who takes bi- slave into
that S'sfe cr IerrtJr! snd oolcs hin there - slave
LID. 6ie- Inn the same A. shy o'htr CITIZEN snd wn
f. the above tine te''ie6 By nuuis and mi
rm deci-iou- and that tie return Of tha lave to
MissoUi hi torn conci'i slavery did not stsch
Sue sse tie 'elt-d az e Missouri uuti the decision
! Of scott 6Lc EmCeoD.
H. the csse Of Sylvia " Kirby II Missouri Rep
| 49, he Cou'' f. wed the above -csoo, Observing
vss ua' Ia all Fc-iec,s 10 The case Of SCOT aud
| Emerson.
Ttie Court follows the established construction Of
he tjsu',t o. State by ito supreme Court. ich
truct com deed p,r Of the statute. aud
" follow IT To- AVOID two raes Of property 10 Sue sane
| State. Is II 90 not follow tbs 1eci-O . Of tbs
Supo'Hc Court { State beyond sstutry cOnstrdc-
! ton o. a rule of Coci,ion this Court safe deci.
lions always viewed with respect and uea'ed az
auL ii;y but follow the settled ns7l 'iion Of the
ftarlte ut pccause II is Of bLdlrg authority. b1, in
| pu1tu6noc # n rue OF iodc.sl policy.
Rot there pe'ense that the cass of Died SCOTT
~. EnersoD TUNED upo1 the construction Of Ms.
soUrI statute; there any established rule OF
| Iroperty Which could haze iighu1y Influenced the d.
Cs,on. o. the ctn.rary, the declslJn OyenuIed the
| rat I'D law fOr near thirty years.
Tbs IS said by my brethren % be Missouri q1ss-
op but thee s nothing winch gives it this Gu arAc-
ter except U-t involve me rig't t. persons s,ned
8ss'ev who rerde in Missouri ant the decision vas
made by IL Supreme ur of that STATE IL involves
RI. 1T elaine uLcer act OF Congress aud the Con
tiiiution Of Illinois, qua which canoJt be decided
wi'fOut TIE consideration and construction ct those
laws Bur the Supreme Court OF Missouri Del 1 ia this
tae thst IT VII Dot regard eher of those laws with
On, winch there was no bfOe 1t; ano Dfe1 SCOT
thvng been tlsVe, remains slave. 10 thi- ie-pe
j, j. admitted this is a Missouri questlon-a case
Contribution Of lllrOis are not recognized.
Ard ooe- such case c, Institute a le OF drcson Tor
3, : Court-a Gaze to be ioilOs we'd by this Court!
The course q dcc ion 80 long ana uli)rnlT insu-
smrd es ahlished comfy or Law between Mi-'o1n
and the Fee States aud Territories. whore slavery
prohibited, VIII oh mutt be some"hat reg 'fded Ia
his Rights sanctioned for t"euty'egn' years
ought not, and csbnOt be Tepudlte with auy GEN.
ba, &c of upce by one or two decisions IDn1-n ie',
~ declared by Geiormuation TO cOlneract he ex-
clttme1t sgsilst Slavery il the Free States.
TIE Cout, u Louisiana having held fer series of
Yeas that whore master took bis slave to Frtoce, or
any Free State he entitled TO freedom ard that on
bringing him back the status Cf slavery dad not attach,
the Legislature OF LOusan declared by an act that The
slave should Iot be 4de free under such clrctn-
stances This regulated the rights of Inc master ton
the time the act ok effect Bat the decision of the
Missouri Court reversing former decision affects all
pevIpua decisions. technically, made on the sne
iriDcipes unless such decsOIs are protected by the
isIse OF ii ne or the statute of limitations bred Scott
md Ills family, beyond all controversy, weretr under
tue decsons msde for twenty eight years, before the
case OF Scott VS. Emerson. Thus was the uudbuh ell
la of hifsOuTi fourteen years after SCOT au MS
| ism,y b., Ught back 10 thai ate. Aud the
grave qre,ii aIis,s 1htber this law may be e dl'e-
cared 20 ems free p, rson- an strongly iu-
crtd tC THINK tia rule of decision r" welt r7tof as
| ,ot % De questioned cannot be annuled by single
DC eiou Of the Court. Such rights may oe lhopeIallNe
under the DECISION in fatWe; bat c'nnot well PSF
eel, hon A. oan have The same effect IN Tor CAGES
| / II fdui cd that when former decslon - re-
vesed the 4 chuic, ,fe of tue Judgment II - make
ClCs'lCna the same ql'siOn erro-
| u-.H- But he case before us was II" th=t t1e law
had been eJrlneousy construed but that under the
circumstance witch then existed that law "Olli not
be ItcopuiZed and tie for this u dec are t be
The excitement ag4n the Institution OF slavery III the
| Free States. While | lament this eIc'em NJ ~ m1c1
az any enc cannot assent that shall be made OASIS
| Of judicial action.
| in 1916 the common law. by statute. was msde a
part Of the law of Missouri; and that includes the
great PRINCIPLES OF inteationsl law Thee principles
| csIn.t be abrogaed by Judicial decisons II vii re-
que the eXe-cise OF power to abolish the nun IN
law az to Introduce IT, lnerna Ona ~ Is iouu led 10
| The opiniops generally received and acted on by
| civilized natl ms and enforced by moral sanc
| tioDs. Ii becomes more authoritative system
shtn il results from special c"mpacts, founded on
| n odifed rues adapted TO the eXigences OF human
soc,tv; it is in fact international morality, adaped
the btst inererests ofnsons. And IN regsr 10 the
States of this Union the subject OF Slavery, 1t IL
| tminently fitted for rule OF acton, SUBJECT TO the
F,deral Constitution. The laws Of nations are but
the natural rights ofman applied to nations " a'ieLl
| lfthe Common Lsw hsve the force Of a statutory
enactment in Missouri II IL clear, a. II seems - me,
that slave who, by residence in Illinois, IN the
service Of bis master becomes entitled 10 Ills freedom
canu9 sgan be reduced TO slavery By returning TO his
former den icil in Slave State. IL 10 unnecessary 10
| say what legislative power might do by general
act in such case, but It would be singular II ifee
man could be made slave by the exerci.e OF judicial
discretion Aud it would be still extraofdinary
if this could be done not only 10 the absence otspsc
legislation but in State where the Con nJn Law IS
| III force.
treaty of csssion Of Louisiana to this country by
France in 1903 may have come besriog on THIS qles
ion The article referred TO provides that the nh, Adj
tans of the ctdod territory shall be incorporated into
he Union nnd enjoy all The advantages OF cl'lzens oil
the United States, and in the time they shall De
| maDtsined and protected In the free enjoyment OF
their liberty, property and the religion they profess
As Slavery existed in Louisiana at the time of the
oessicn, ii supposed this is guaranty that there