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

tutes The foundation of this suit, and The
ground Of unlawful Treatment, is, that she
was free subject Of HE majesty, and under
that character unlawfuIly imported as slave,
and was so treated. Now, This asern,en,
musl be proved. n n ~ ~ If
she canno, plead with truth that she is a free
subject, there is no ground for complaint
In her being treated as q slave, her rights
were no, violated, and she has no injured
! rights 10 represent II may be misfortune
that sheis slave; ;bsing so, she, in the pres
emf constitution Of society, had 40 right TO
"The sole gTound upon which il appears
10. have been asserted Chat she is free) is,
that she had been resident in. England some
time, as servant wailing upon her mistress;
but without. the enjoyment of any manunis-
sion that could alone deliver her from the
character of a slave she carried with her
when she left Antigua; for ! think il demon
sirable that she could derive no character of
freedom that could entille ber 10 maintain
suit like this, founded upon claim of pei.
-manerl freedom merely by having been in
England, without manumission. y
This suit, therefore, fails in It's foundation.-
She was not free person. y
II she depends upon such freedom, con-
veyed by mere residence in England, she
complains of violation of righ, 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" 9..'1
II cannot be denied ,ha, this opinion fore.
shadowed The important decision in the Dfed
Scott case. Grace was slave in Antigua
Scott was bondsman in Missouri. Return.
ing fiom England, lhe moment she sci her
foot upon The soil Of her native island, her
former servile condition re.attached 10 her
parson-;aken back 10 the slate in which he
had lived slave, it was held that he could
not claim the privileges ard immunilies of
freeman under the tz loci of Missouri
In the interesting Life and Letters" of The
late Judge Story, (vcl. l.. p. $50 } may Be
discovered an entire approval Of Lord Stow.
els decision, which coming from so eminent
bJurist, must carry with II overwhelming
force and conviction. In answer 10 several
letters addressed TO him by Lord Stowel, in
1928 Immediately after the decision was
rendered and couring his opinion of The
case,) Judge Story replied as follows:
SALEM, near Boston, Sept. %, 1928.
My Lord-l have The honor 10 acknowl-
edge The receipt o! your letters of January
and May last, The former of which reached
me in the latter par Of the spring, and The
latter quite recently. II i
I have read with great attention your iudg-
menl in The slave case from the Vice Ad.
mirally Court Of Antigua. Upon the fullest
consideration which have been able to
give the subject, entirely concur in your
views If ! had been called upon 10 pro.
nounce Judgment III like case, should
certainly have arrived al the same result,
though might not have been able 10 pres.
ent The reasons which lead 10 i, in such
s,riki ing and convincing manner. 1t appears
10 ne that the decision is impreguable. In
any native state, (Mass.) the state OF slavery
is nH recognized as legal; and yet il slave
should come hilher and afterwards return 10
his own home, we should think that the 10.
cal law would Teal!aeh upon him, and that
his servile character would be refrigerated.
81 have had occasion to know thai your
judgment has been extensively read in Amer.
lea (where questions OF this nature ire not
of unffequeht dseussion) and never have
heard any other opinion but thai of approba-
iion of it expressed among the profession OF
the law. cannot but think that upon ques.
lions of this sort, as well as general maritime
law, il were well if the common lawyers
had studied little more extensively the
principles of public civil law, and had
looked beyond their own municipal jurispru-
dence. n
81 remain, with the highest respect,
your most obedlenl servant,
JOSEPH STORY"
To Right Hon. VIM. Lord S,owel.
In examining "judicial precedent" in The
United States, upon this question, numerous
authorizes may be found TO sustain the mi.
nority of your committee. Chancellor Kent,
in the noies 10 his commentaries, vol. 2, p.
277, informs us 'ihe law OF Illinois enforces
! the comfy due 10 Travellers in passing over
the stale BY protecting his property, apd es.
pecialIy his slave, W whom he brings with him
for temporary use, and the slave does no,
Hereby conslilulionally become free." IVit
lard Us. The People, A Summon, 46I1 He
also informs US that Gin some of the slave.
holding States, if slave from such state
goes lawfully into non .slaveholdiug State
and acquires domicil there with his master,
or is emanciPated there by bis master, lie
becomes emancipated and ceases to be a
slave on his return. But if he be carried there
for Temporary purpose and returns, his state
of slavery Is resuned.-( Luny0rd Us. Coquil.
lon, ii Martins Louisiana Reps. 4o5. 2 Mar.
shaWs Ken. Rep. ACT. Biackmore Us. Phil.
Yrgr's Rep. 1927
In the Kentucky case OF Srader ell. al. VS..
Graham, (lo HOpard, s3,) where it was
claimed that slaves sen, from Kentucky into
Ohio for q temporary residence became free
it was held by the Supreme Court of The Uni
ted States, that "under the 25th section OF the