The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-04-14


missed by the law Of England that rover will lie for
slave that slave market may be established In Smith
Geld not for the supposed dica OF judges how
ever eminent il they be contrary TO all principle The
dicta cited probably misunderstood and, at all
eYsnts they are TO he disregarded
This opinion Is very remarkable for reasons than
one His lordhp implicitly admits that the law had been
formerly declared otherwise He is pleased TO call the
Judgment of Lord Hardwcke mere diea that - an epn-
ion gatuiousy given outside Of the case and ventures 70
say that that Judgment not properly ana
concluded by saying that all contrary adudleauons must
at all events be disregarded
case 10 suit his own notions without regard 10 principles
which previously established By sosmn addca
ton And this may be taken instance at least go
ing To prove the truth of his boosted declaration hat he
made more law than King Lords and Commons"
1t will be at glance that the decision in the Sum
erset case il sound is not authority In favor oil
Scott Lord Mansfield discharged him in England under
the local law of that country AS to whether Summerset
would have been entitled to discharge he bad been Ia
ken from England into slave territory was not before his
ordshp He did pretend TO decide whether slavery
under such circumstances would have reattached because
that question could be raised upon the facts in the
The case the slave Grace decided by Lord Stowe OF
the High Admiralty Court of England in 1927 or 49, the
next adjudication in that country touching this question
Grace held slave IN the island Of Antigua, and
taken to London by her mistress Mrs Allen as her
servant who in that city visit Mrs Allen, on
her return from London to Antigua took Grace with her
against Mr. Allen in the Vice Admiralty Court of Antigua
charging him with having unlawfuy imported as slave
from Great Britain into the island of Antigua free sub
iect of his Majesty, against the statute, &c.
This proceeding it will be based upon the idea
that the visit Of Grace England had made her free
subject of his Majesty and therefore unlawful to bring her
back and hold her a slave In Antigua
The Vice Admiralty Court of Antigua decided that Grace
was free by of that visit TO England and gave
Judgment for the defendant whereupon an appeal was
taken TO the High Court of Admiralty of England.
That sustained the decision and gave for
defendant with costs See Hazards (Brtsh) Admiralty
Lord stowelI in delivering the opinion Of the court
said:
The objection therefore which constitutes the founda-
on of this suit and the ground of unlawful treatment Is
that she free subject of his Majesty and under that
character unlawuy imported slave and was 80 treated
Now this averment must be proved. II she can
plead with truth that she is free subject there no
rrecnd for complaint in her being treated slave her
rights not violated and she has no injured rights 10
represent it may be misfortune that she is slave be-
ing go she In the present constitution OF society," had no
right 10 be treated otherwise.
The sole ground upon which it appears to have been
asserted is that abe had been resident in England some
time as servant waiting upon her mistress but without
the enjoyment of any manumission that could alone De-
liver her from the character OF slave she carried with
her when she left Antigua for think II demonstrate
that se could derive character OF freedom that could
eutte her to maintain suit like this, founded upon
claim OF permanent freedom merely By having been IN
England without manumssion This suit,
theesore fall, in its foundation She was not per-
son. u she depends upon such Freedom con-
veyed by mere residence in England she complains Of
violation of right she no h.S ba
residence ceased and she imported into Antigua and
that is the proposition which propose to make good IN
the course of the following observations.
The person who free in Eugand returns TO slavery in
Antigua; that is the whole question in the Gaze.
Ills lordshp then, with great power OF reason aud ex-
tensve research establishes this proposition ia the atrn-
alive and decided that the former serve condition OF
Grace reattached TO her upon her return to Antigua
1t that his lordshp was upon intimate terms with
the late Justice Joseph Story for ud in the life and
letters of Justice Story correspondence covering the time
at which the decision in the of Grace pronounced
and in which comments made by BOTH which deem
tn nur
vol j, 5a2.
Upon the subject of this decision he writes to Justice
Story a. follows:
LozDoN, January 9Th, 1928
The fact is have been, at this late
hour of my time very much engaged in undertaking
perfectly novel to me- and which has occasoned great
trouble and anxiety; that is the examination of new
uuesion-namev, whether the emancipation of slave
brought England insured complete emancipation to
him his retrrn to his own country or whether only
operated suspension of slavery in this country and his
original character deyoved upon him again upon his re-
turn TO his native island.
This question had been examined since end was
put slavery in England fifty years ago but the practice
has regularly been that in his return to his country The
slave resumed his original character of slave had
much attended to the question: having hesn udicaly
called upon 40 to do, but an act of Parliament late y
passed, and Of which know nothing vested this jursdc
ton in me.
Ii has attracted much attention and OBJ
servaton in this country, and have had to consider th
new question is il rne) with very laborious re
search There in fact five cases TO be determined
and they have great deal OF trouble and anxiety
have given to the public the result of my inquiries
sToWELL
Not receiving answer from Justice Story his lordsh
again writes as follows:
LONDON, May II, 1928.
My DEAR SIR: / sent you, some time ago which
had determined in the Admiralty upon reference from tn
Secretary of State Lord Bathurst relating to the oondi
ton slaves Whether it has reached you not know
not station appears TO be very much altered tina
is from Massachusetts to Washington desire to be un
derstood at ell deciding the question upon the Law
fulness of the slave trade upon which am rather serr
abolitonis5 but merely this question: Whether tn
Court Of Kings Bench in the Of Summerse me ant
declare that the non-execuon of the slave code in Eng
land suspension of il respected England bu
left it in full operation with respect to the colonies which
some of abotoDists here and some OF our judge
there resolutely contend for Ny clear opinion for it
limited effect The execution Of the code laws Is suspend
ed in England being thought Inconsistent with the
ture well the institutions of this country SO far
goes but farther il docs not at all derogae from th
laws of tho colonies upon the return of the person IA
liberated in England but left exposed TO the severity
the law in the colonies upon the return of the party
partially liberated here This is the whole question which
had occasion TO consider, and question which ha
nothing do with the general legality Of the slave trad
In the colonies How the laws in respect Of that trade
made in England, and enforced by courts OF law th
Kings priry council and the court of chancery to the
utmost extent can consist With any notion Of entir
abolition here To- in my view Of it. utter possbility
am friend to abolition generally but wish 1t to
effected with justice to individuals Our Parliaments hay
long recognised IT. and have not only invited but acua
compelled or colonies TO adopt it. and how under snc
it is to be broken up at the sole expense
the coonis,s sa consistent with either common
reason or common Justice il nst be done Mt the