The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-05-27

"Fhe objection, therefore, which consti
tutes the foundation of this suit, and the
ground of unlawful Treatment, is, that she
was free subject Of his majesty, and under
that character uniawfally imported as slave
and was 90 treated. Now, this avern,e mi
must be proved. n n 1
she cannot plead with truth that she is free
subject, there is no ground for complaint
In her being treated as slave, her rights
were not violated, and she has no injured
rights 10 represent l, may be misfortune
that she is slave; being so, she, in The pres
ent constitution Of society, had no right 10
be treated otherwise.
"The sole ground upon which it appears
10 have been asserted { that she is lree) is,
that she had been resident in England some
[ time, as servant waiting upon her mistress;
but without the enjoyment of any mannlnis-
sion that could alone deliver her from the
caaractet OF a slave she carried with her
when she left Antigua; for think il demon
slrable that she could derive no character of
freedom that could entille her 10 maintain a
| suit like this, founded upon claim of pei.
maneCt freedom merely by having been in
Eng land, without manumisslon.
This suil, therefore, fails in It's touudaion.-
She was not free person.
II she depends upon such freedom, con.
veyed by a me:e residence in England she
complains OF violation Of right she posses.
sed no longer than whilst she resided in
England, but which totally expired when
that residence ceased, and she was imported
into Antigua"
II cannot be denied that this opinion fore.
Swallowed The important decision in the Died
Scott case. Grace was a slave in Antigua
Scott was bondsman in Missouri Return.
ing iom England, The moment she sci her
foot upon the soil of her naive island, her
former servle condition re.atlached TO her
parson-aken back TO the Stale in which he
had lived slave, il was held that he could
not claim the privileges ard immunilies of a
freeman under the lfn loci of Missouri.
In the interesting Life and Lellers" of the
late Judge Story, (vcl. !. p. 552 may be
discovered an entire approval of Lord Stow.
ePs decision, which coming from so eminent
Jurist. must carry with 1t overwhelming
force and conviction. In answer to several
letters addressed to- him by Lord S,owel, in
1928 Immediately alter the decision was
rendered and couning his opinion of The
case Judge Story replied as follows:
SALEM, near Boston, Sept. %, 1928.
Diy Lord-I have the honor 10 acknowl.
edge the receipt u! your letters Of January
and May last, the former of which reached
me in The latter part Of the spring, and the
latter quite recently.
| have read with great attention your judg-
ment in the slave case from the Wee Ad.
mirally Court Of Antigua. Upon the fullest
give the subject, | entirely concur in your
views. II ! had been called upon to pro.
nouncc Judgment il like case, | should
certainty have arrived at the same result,
though might not have heen able 10 pres.
en-, the reasons waich lead 10 1t in such a
s,rik ing and cony lncIug manner, Ii appears
TO no that the decision is impregnahle. In
my naive state, (M.ss,) the state OF slavery
is not recognized as legal; and yet il slave
should come hiIher aHd afterwards return 10
his own home, we should think that the 10.
cal law would rearach upon hlm, aud that
his setvile character wpulj be renWegrsted.
81 have had occasion TO know hN your
Judgment has been extensively read in Ame,-
lea (where QuoStionS OF this nature Ire not
Of unltequent dlScussion) and never have
heard auy other opinion but that OF approba-
ton OF it expressed among the profession OF
the law. | cannot but think that upon qses.
tons OF this SORT, as well as general maritime
law, ii were well ii the common lawyers
had studied hule mors extensively the
principles OF public civil law, and had
looked beyond their owa municipal jurisPru
depce.
IL rcmain, with the highest respect.
your most ohedtenl servant,
JOSEPH STORY"
To Right Hon. Wm, Lori Siowel.
In examining Judicial precedent" in The
United States, upon this question, numerous
authorizes may be found 10 sustain the mi.
noriIy Of your committee. Chancellor Kent,
in the notes 10 his commentaries, vol. >, T..
ci7, informs US "ihe law OF Illinois enforces
the comfy due to travellers in passing over
the stale by protecting his properly, aud es-
peciaIiy his slave, whom he brings with him
for temporary use, and The slave does moi
,tereby consl,,u,ionslly become free Hl.
lard IS. The Peoplf, Sedmmoa, l6l1 He
also informs US that in some Of the slave
holding States, If slave from such stale
goes lawfully into a non.slaveholdirg STATE
ani Acquires domicil there with his master,
or is emaucipaled there by hls master, te
becomes emancipa.et and ceases 10 be
slave on his return. But if he be carried ihetn
ior temporary purpose and returns, hjssa,e
Of slavery ls resumei.-( Lan!for3 rs. Coe'fl-
lon. II Martins Louisiana Rep'. 4o5. > Mar
Slc.TS Ken. Rep 467 BlaCkmeIc rs. Pk;l. :