The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-04-25
T. Y. cARLILE, EDITOR.
Judges Story.

preston made by certain views proclaimed
under one state of public sentiment and the
same enunciated under another state oi pop
ular feeling. When the authorities, or the
people, of town in Connecticut refused to I
permit the establishment OF a boarding school
for the education Of colored boys and girls
among them, and a suit was brought for dam
ages, and the case carried up TO the Supreme
Court, and Judge Daggett decided that blacks
were not citizens. and could claim none oil
the equal privileges which the constitution
guarantees to citizens, Of one State in all the
other members of the Confederacy, the peo-
pie of Connecticut were neither startled nor
alarmed by it; no excitement followed; no
one protested against it, either as violation
of the State or National Constitution, or as an
outrage upon conscience or humanity. Even
- the Rev. J. J. May, now the ultra Abolition
ist and deramer of the Supreme Court vas
then preacher Of the gospel in the town
where these violations Of tie rights OF citi-
zenship occurred, and yet he que''y submit
ted to it as an incOntestiJ exposition OF the
law and the Constitution.
Judge Nelson in support OF his opinion on
the bred Scott case has brought to light most
remarkable letter Of Judge Story's written in
1923, about the same period that Judge Dag
gett made his decision in the negro school
case, which in the most emphatic language
.sustans the positions assumed by the Su-
preme Court in its recent decision. The
cases are so perfectly parallel and the Ian
guage so distinct and clear, that no one can
doubt If the venerable author of the letter
had been living, he would have fully concur-
red in the opinions Of Judge fancy. At the
90 date of this letter, Judge Story was a neigh
p Dor of Dr. Cheever-the present lunatc de
nunciator OF the Cortland he had probably
sat under his spiritual teachings, and has
listened to the Doctors exposition OF tina
"higher law which the preacher now in
vokes in condemnation OF The Court and ye
he persisted in the doctrines Of human Ia,
which are so abhorrent to the philanthropy
of the present day.
1t appears that an intimate private CORES
ponleuce was maintained, during their live,
between Judge Story AID Lord Stowel Chic
Justice of an English court; and that they an
nually intcrchanged copies Of the decision
made by each, for mutual examination al
comment. In1S27, Lord Stowell had decide
the case of slave, on appeal from the Colc
NAL Court in Antigua, in which were Involve
precisely the same principles as decided in Ii
bred scott case. ~ master had taken sla,
to England for temporary residence, ard ate
wards took him back to Antigua. The s!ay
after his return. brought suit fer his freedom
The Colonial Court decided against him, an
the case was carried to the Appellate Cou
in England, whore Judge Stowcll affirmed Il
decision below. Lord Stowell sent copy
this decision to Judge Story, who delayed r
plying to his Lordship so long that the latte
in his anxiety to learn his eminent friend
opinion Of the case, prompted his memory
a second letter. In reply to these two letter
Judge Story Srites the following:
SALEM near Boston, Sep %, 1925.
To RI Hon. VIM. Lord Stowell:
My Lord have the honor to acknowed,
the receipt Of your letters Of Jan, and Ma
last, the former of which reached .n, in Il
.. paAt VI spi.hS ShN lAS iSklSI lultc j
Gently.
have read with great attention your judi srnen
in the slave case from the vice Admiraii
Court in Antigua. Upon the fullest conside
alton which / have been able TO give the su
lect, entirely concur in your views IL hi
been called upon TO pronounce "A Judgment
a like case should certainly have arrived
the same result. though | might not have he
able to present the reasons which led to il,
such striking and convincing manner
appears TO me that the decision is inipregn
bic.
In my native State (Mass. the state Of 81
very is not recognized as legal and yet, if
slave should come hither. and afterwards I
turn to his own home, We should certain
think that the local law would re attach up
him, and that his seryile character woulG
Refrigerated. ! have had occasion TO kno
that your Judgment has been extensively re-
In America (where questions of this nature a
not of unirequent dScuSsOn) and never ha
heard any other opinion but that O. approx
tion of il, expressed among the procession
the law. cannot but THINK [, &C. upon qas
tions Of this sort, as vel - -e--i nj n.atati.
law, it were well 1t the common lawyers IA
studied little more extensively TIC prlu
Piles of public and civil law, and had look
beyond their own municipal jurisprudence.
remain with the highest respect,
Your most obedient servant,
JOSEPH SrOR
1t is an English boast that the first foC
step of slave upon British soil makes Ia
free; and that slavery cannot breath the
mosphere of England for a moment; yet
have the record here of a Lord Chief j ust
of England affirming the same principles
law as those promulgated by our Suprel
Court, for which that tribunal has been
wantonly assailed and condemned They q