The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13
THE DAILY UNION

whist Scared The
brought VIII them seemed TO expressly 70 the person
claimed the right 10 contest the claim, that therefore the
mel the defendant DR.. Rtter, 20 establish his claim in given
time. The ius,sheht OF the court was as follows
That the defendant DR.. Ritter Is obliged . Institute ao
limo, the plaintiff being bis property within term o nine
months in default whereof he shall be pepetuay eponed
against setting up any such claim and in that case the SAID
Dr. Ritter shall be bound pay the costs Of the process and
to refund those Of the other party"
From this Judgment Dr. Ritter appealed, and Insisted that
plaintiffs action should pave been dismissed with costs
After stating the ase and examining the various questions
raised tme Jurisdiction &c the court Of appeal held
that there real ground for suit for defamation sal
though the defendant has acknowledged that he asserts to
right property in Marceno his slave, and that
he has not lost IL in Prussia by virtue of the prescr
ton S los, Sd Of the common awthat foreigners be
ing in the royal countries only for le retain their rights
in the slaves they have brought with hem And the reason
given why the action could not be maintained not that
the action would lie in any case but that in this case there
probable for making the charge complained or
And therefore vain unfounded boast to the injury
Of Mareelino. The court said further:
The plaintiff has arrived here from Brazil as companion
and Of the defendant from country In which sa
very exists and he noted in the passport of defendant as bis
slave He himself declares in his complaint that he has been
treated until slaves and the merchant Rec from Rio
de Janeo whose testimony witness has been taken in
perpeuam aemorio rel has testified that Marceino has
there lived in the house of Dr. Ritter slave and that be
has been treated as live according
there which respect he mentions the of
addressing and Of going with bare feet Therefore Dr. Rit
sion the rights his slave, and this relation
has existed still their arrival at Berlin and of course
been altered by the accidental saying expression
that would exercise his right Mareeho only in lin
tied sense during his residence in Europe" Under these
the add DR.. Ritter had sufficient
say what did make the claim he did, and il cannot
be considered arbitrary unounded boast lift should
il should be abolished The complaint must therefore be
considered unfnded The Judgment of the court Of appeals
and that each party pay half the costs of the two
From this abstract of the two Judgments 1t will be seen in
what the courts agreed and wherein they differed
Both agreed that according to Prussian law slavery
might exist in the kingdonhat Is to say, foreigner,
hare!
| retain him slave while he remained.
Both agreed, that slavery could exist action of
defamation tor claiming person as slave could lie.
81 Both agreed that an action might be brought for ma
king sHoh & being degrading and oS re
ed in this case, the courts differed
The said tho charge had been proved and that
defendant prove the truth of il in nine months lose
| bis pretended rights and pay costs.
The second said the charge had been proved but
under such circumstances of open claim of right and proof
show that defendant had probable ground for what he
said and therefore the action would not lie and he should
not be compelled to prove his claim
From the decree of the second court there appeal
to the highest tribunal in which 1t sought to annul
the judgment OF the second court but only the
ground of defects in form 1t was unsuccessful and the ud
ment remains undisturbed
the slave his eedom but only to dam
ages against Dr. Ritter for claiming him slave, and to
principles laid down and recognised by courts show
concusiyey that the rights of master, who takes slave
into the Prusan territories for limited time are respected
and that the slave has no right to claim his freedom simply
| because he is on Prussian soil.
L
| 1t has not been my fault
| Very respectfully, your obedent servant, ,o,,
| General J. A. THOMAS.
| Mr. SANDIDGE shall make no comments upon that
letter. Mr. Speaker. knew such decision had been
given by the Prusan courts but supposed they were based
upon that law of nations argued during the first
session of this Congress, by the member from Georgia.
[Judge WARnEs and called General Thomas expecting
TO find il the files Of the State Department. Not being
there the Assistant Secretary at instance addressed
|
Since the 4th of November Mr. Speaker gentlemen upon
this floor have become somewhat more nervous than they
short while before Then, of them spoke
if they had been prophets with thus saith the Lord
they begin to hear another vocetbat of the people
and saith "Mahe way, We Improbable servants long
enough have ye numbered high places-given council
halls the black man. and interest to the dry rot"
i One honorable gentleman Mr. SHERMAN, of Ohio, who
has attained some notoriety member of circum
ambuating committee of this House, to relieve himself
from the suspicion of being of the full blood has gone
far say that he would "crush out political abolition
ISM by which suppose he abolition for political
leasons--a discrimination which, without benefng US,
shows that he hmself being of mixed breed is likely to
have applied politically that ehnoogc theory of the run
| Other gentlemen-and / particularly remember the
senior member from Ohiohave sought TO repe the idea
that they engaged in enterprises looking towards
ernment interference with slavery in the States Well sir
in addition what brought TO the notice of the House
few days ago by the honorable gentleman from Virginia.
MIR. LETcnER wish to ret,r to resolution introduced
here by the member from Ohio the 18th of December
84S providing for vote upon the emancipation OF the
slaves in this District In that resolution every male slave
las well colored above the age of twenty years.
who had been year in the District authorized TO
go the polls and alongside his upon his
emancpauon. proposition more insulting could not
think have been conceved and If not to be applied
to the States 1t certainly had terrible squirting to
what Congress might beexpected to do when taken in
nexon with much that has since occurred should such
men the seventy nine who voted against laying it
the table be able control the legislation of this
| country.
And now, Mr.. Speaker, since some gentlemen on this
foornd many honest people elsewhere who engaged
in this sectional in the of
nity and for good of both the white and black races
desire to meet them fairly upon their freesol
saveSates PLATFORM and after working out their principles
to their legitimate and only end ask if the results would
be satisfactory. To do it, must assume-what would
be submitted tothat the policy Of these had
been fully inaugurated-had become hxed-that more
slave territory slavehoding States could into the
Union. Restricted then, to their present limshe richest
portions of which being cultivated by the people
OF the saveholding Statesthey would soon have to fall
back upon poorer lands at time when the world will need
of their great staple productions than be supplied
for the efforts of Great Britain have demonstrated the fact
that in this country and by slave labor alone its
leading staples be grown in sufficient quantities to sup
ply the demands of the world-artcles that form
in value such large proportion of The whole exports
from the United States Prices will then go up and
continue at high figure Our negroes, too, will go
on increasing in number; their value will not have
deprecated, because their labor paid we'll But after
a time, they would become numerous should
have lands for them TILL The proceeds them of
labor which is invested in lands and slaves
and in the productions Of the white wilt be expend
ed in opening up the riches of her mines of ron of god
of lead, of copper OF COAL her quarres of slate, of
BILE, of gypsum, &C. Railroads and canals will nersect
her whole borders and alongside her plantations Will be
lI..lxx hns,t