New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-02

that The jos'ice to be administered by the Federal
Courts-except infeed in the way Of punishment.
does not extend to colored men, has undertaken
to put forth IN exrsjudicial op Mon Of a much
more comprehensive character The doctrine laid
down in this sIavebolders decision is that the Con-
,tiiution of the United States expressly and d..
rectly recognizes negroes as property and only as
properly aid property, too, in precisely the same
sense in which Gait e n household goods are prop
| eriy.
| Now, this doctrine Of this saveh0ldng Bench is
no, merely an innovation upon what has hitherto
been understood among lawyers and statesmen to
be the position of the Constitution Of the United
States Oh the question Of Slavery-it carries the
doctrine Of property in saves to point beyond that
ever before attempted by any Court or even laid
down extra judo ally in tie feed opinion of any re.
spec'abie lawyer.
If ibe Cor sri ution of the United States instead OF
IL sjntaDing as it does, cautious reserve and nom
cemmi,ta position on rbe subject of Slavery-if, in.
stead Of is PHYSIOLOGY having been seeced, as we
know il was with al express view to avoiding any
coeDiti property mao, it had in express terms
recognized such prCperry-never'heles', IN the use
of II at term, property, in such connection, the
FedeIa CoDstilut.n must, according to any reason
ahe construction, have been understood TO use it IN
,ba, limi!ed and qualified sense in which alone,
omrg jnrlss-prior to this opDi'n Of The five slave
boldug Judges ia The Dfed Scott csse-the term
property ever had been applieo to human beings.
Now, it has always been held by lawyers that the
right Of property in q slave is 3 right to his labor
only right Of preci,ely SIMILAR character to
that which mater has in tbs labor Of MS appren.
tice. 1t bas slso been universally he'd among
lawyers that this right ID local rsht-in tina. 70
sptct a 30 HE the right of q mssler over bis ap-
brentce-a eht limited to the Jurisdiction under
The laws OF which it takes Its origin, and having NJ
mdlng force ont of that jurisdiction, except BY
virtue Of some express law Of the foreign jnrisdic-
ton which may recognize and cobfrm the masters
authority Ind, ed, that such the law as to the
United aud local authority of q masters expressly
recognized BY that clause of the Federal Cob'titu-
ton, which s principally relied upon by the Free
a,thodirg Judges as rec gulzing Slavery. We
refer Of cour,e to the clsuse respecting fugltives
from labor. The trainers of the Constitution did
thIk il necessary TO iLsert into that instrument
any clarue for the benefit Of the owners Of horses
al cattle which might stray into adjoining STATES,
or providing for The return Of such stray cattle to
heir original owLers. If an absolute and universal
tight Of property, like that which man has in his
sheep 81 oxen. wss recognized by the Constitution
A. tx sting IN D. ero.s OF couse no such provision
would hsye been Necessary for projecting the prop.
ert, Of the master in negroes escaping from one
State into a,otber ii the clause in relsTOn ~
"persors held ia service OF sbor was inserted.
a. The Supreme Court MAINTAINS, by way OF iecog
pzipg and PROTECTING the o"nerthIp of saver, then
il follows that the Cor stitutiou recognizes th,.
ownership only to the extent 20 which IT Is com
III nv rtcosIiz, by jurlsts, namely, as limited
snd LEGAL osDersnp, not resting On rasutal but On
local Snd special law. Even wi respect to dumb
Al d brute aumsls, the law recognizes distiucaon
which. 10 the Gaze Of nsgrues, our five savehodiog
does attempt to ~ibk out OF sigat The view
t,keu by jurst. Of the extent OF ownership in
sluve IL, in mary respects, s,mar to tha' VIII CD
b, IN TIE civil and The common law takes of ths
owper,kip ,f wild animals called in law Lsic,
| f,a nature. Wish nspsct to thee animals il
uas md oowp in the aw books that, differing 10
IBIS ,e,p.ct from sheep and oxen and other lime
animals. the perpetuatcn Of whose species s de-
| o.n6,rt ON the care Of their ownsrs they
are no longer the property of man than
sble TREY continue in bis actual pos
s.s,on: but If, at any time, they reg.ia
their natural liberty bis property instantly ce,ses.
IT, al there or. a,urss, free BY nature, aud capable
e ,s.lpr care of themselves, ths properly is not
,bsolu,e bat defeaslbls-a property which termi
a.ies tie moueut they regain their nssurai aud
p.ra.lsi.'e With hese fe,G nature the jarist,,
b, avery obvious auslosy, seem to have reckoued
map. To be the properly Of another, is with him Al
Al. or,nsl and unu,turs CONDITION. A particular
State NAV. b. is local Lass, convert itself into
c,se or ipclc,are, 80 that so long IS the captive
man remains within the limits Of that incosure, he
IS e,p.ider,e u DC 10 the possession Of his owner
! ard therefore his properly; but the moment he
oss.,s ont OF toe be worn Of tho.e laws d,,isued
IL, HI. er,.,euer, cro adj lining territory, that
| rsh, If properly expires, or can obly be conanaed
h, 6,ree b, the sI ,ress cotsent Of tbs. ADJOINING
State by its o~ syecia enActments, to servo also
| az u csge for the sia'.-o~ner.
! Now even il we should admit, in pure subuis-