New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-11
FROM BOSTON.


BOsTON, Nov. 9, 1857.
An interesting slave case occurred here to-day be-
fore Chief Ju,tice Shaw, of the Supreme judicial
Court The slave preferred to return home with
lsr master and mistress, but the Grief Justice de-
eded that she was free 10 Massachusetts, and every.
where else if she chose TO be- The facts are these:
Nj. Sullivan SWEET, with his wife and young
child, have been stopping in the City of lawrence
for several weeks past and with them was female
slave called Betty" The remarkable economy
with which masters take care of their slaves is in
nothing more manifest than in the names with which
they zee fit TO endOw them. Some persons in Law
renee thought that Betty was possibly under re-
strsint and good AntSlavery lady of that place
wrote to the Rev. Theodore Parker on the subject.
Mr. Parker consulted with john A. Andrew, ESQ.,,
and the result was the issuing Of writ Of habeas
corpus by the Police Court of Lawrence, returnable
before the Supreme Court, or one of it's Justices.
The parties appeared in court this morning, Mr.
Andrew on behalf of the slave, and Mr.. B. +. Wat
SOD, Postmaster of Lawrence, on the other side.
Mr. Watson admitted that Betty was brought into
The State voluntarily by her master; that she
bad been in Lawrence several weeks, but
she had been under no restraint, and her mas
ter did not prcposestO exercise any restraint. He
was willing that order should be passed
that she might 20 where she pleased Judge Shaw
had sB interview with the slave, and, upon returning
into Court stated that he had Informed her that by
the laws of Massachusetts she was Free and at full
liberty 10 do as abe pleased. He said that she was
about 25 years DID, and therefore of sufficient age to
decide for herself without guardian, and also that
she had sufficient intelligence. She seemed much
stacbed to Mr.. and Mrs. SWEET, and also to her
husband who was at the South and she preferred
10 remain with her present master aud mistress.
Tie Judge told her that in bis Judgment the facts
ascutAv nd
bst record should be made, of which she could
avail herself hereafter, at any time before she left
he State, and perhaps it would be respected in
Tennessee believe the Chief-Justice did not ex-
press himself very confidently on this last point. liz
Is ald that the wOman's husband is free man
Her choice is not by any means to be wondered at;
but suppose it will serve the Pro-Slavery news
pspers With text for new sermon on the beauties
| Of the Patrarcblal Institution.
The law as laid down in this case by Judge Shaw,
has bee many times affirmed by our Supreme Court
ard will continue tO be law, at least until the u. >.
Supreme Judges, in caucus assembled AS they prob
ably soon win be on the Lennon case or some
oher come to the conclusion that one more turn OF
Tie screw is necessary. Whether, in case OF dc.
csion in the Lennon case, adverse to the rights Of
The States, our Supreme Court would acqniesce, or
would after the Wisconsin fashion, disregard such
decision, is matter in dispute. The Chief Justice
| u the Sims case, refused writ Of hsbeas corpus
Ion the ground that the Fugitive Act of 1850 had
been declared by the highest tribunal to be Consti-
lhtonsl. But since 1850 it is SAID that bis views
De DUTY Of unlimited obedience have. undergone
1thsnge. He voted for Fremont aud for Burlngame
sss year, although pertnaciously followed to the
polls by the old Wing vote-distrbuters, who, when
icy saw such ballots in his hsud could not help
Epposlng that the old sage had lost his wits. To
Atheir remOnstrsnces however, bis only answer
Vas, with grcwl and shake of his lion head and
name, Not to- day, Sir-not to-day
A NewbUyport correspondent of one Of the BOs-
ton newspapers says that Mr.. Caleb Gushing left
tome on the Sd inst. for Washington, for the par
pose of prest nting his claim to the Adminstra
ten for the vacant place upon the Bench of
tie United States Supreme Court. am inclined
% think there is no truth in this story If NJ
Cushing bad any design of this sort, he would not
have gwen so plain contradiction as he has lately
4 Eyen TO q statement recently made by Mr.. Blu
dsuan in his reply to Prof. SIliman. | have not
JET seen any comment upon the remarkable contra
lection which | refer to. In his Silliman letter,
Mr.. Buchanan says
"s.vtIy existed at that period at the Ge of the
Ssr ne CONSTITUTION o 10, Uueo States. Ths oi. at
sa Ss AGny decided BY the hSAe" tribunal kHo'H to our
Mr.. X. A. Chapman of Springfield, in letter
ated the Goth OF October quoted this declaration
I'd followed it with an able argument showing to
smmon and honest minds its absurdity III law as
tel as its atrocty and its danger 10 our insttd-
Sts. On the Saturday night before the election,
H Gushing made speech at NewburypOrt, which
ss been published in full in those twiu organs of
sOrtberD subserviency The Boston Courier and
Post. In this speech, he refers TO Mr. Chapmans
e,ter, and to the question which he discusses; he
lays:
Now ths qaestos e naked els question a, 70 rhb not
nt Sty,es Court the UHod Sta the Attorney
re's tsi he Pye'deRt ha. expressed opinion whih VI,
thdpmaa hnks 10 good ias. He (Hr. Chapman
shee Everything The desire Of sestyng his opnion
" 22'"SN asesf,sse point Of lac"
lou VIZ observe that here is not only an emphatic
con'fsoicuon OF MIR. Buchsnans statement that the
POINT hsd been decided By the Supreme Court of the
lhLed sales but an intimaton at least that it is
tos go easily decided as Mr. Buchanan would have
ae country believe. The President saws that il is
"a mystery how " il could ever have bean ,eri
Ously doubted that Slavery exists in the Terri
ores by virtue Of the Constitution until the people
2 The oct otframiug State Constitution expsl il
Mr. Cusliag says not only that the Supreme Court
va the Attorney General have given no such opoion,
WI that the question is an abstruse one. that IL
hrd 10 be understood. How it could ever bsvs
zen doubted, or considered abstruse," says ths
sfesdeDt is ga mystery" You will soc that the
Iesident and the ex.Attorney General are at issue
S'wo very important points. Aud the anxiety Of
latter Dot to be understood Us indorsing the
is"dent's doctrine, is made plain BY bis reference
set fact that not only the Supreme Court, bot the
~~"n'y' General, has refused TO give az opinion. He