New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-10

pepe Of these Territories Oh noi p-o'ino =
sbGsr Il tTe.y. They have sIsrcisi III the rs o.
cI.rs without being ra,1ralizei under the sci' I"
tWgrs II:
Tnere are ,evsrsl nnoorArt PRINCIPLES involved N
THE s.,e which have been Argued aod Shi;h my w
oonsicered under The folio sing heads . c.
/. TIE locality Of Slavery a. se'ti- by ih!' C0a''
ard tie Courts Of 'he S's'es.
p The relation which the Fe5ers Government bears
3. The power OF CorgTe-s 10 establish TerrtoHt,
Government, and TO prohibit he in'roiaeaoH %
Slavery therein.
1. The effect Ct taking slaves ITO nav S.s;e or
Territory and 20 holding them where Slavery e pro
hitiifd.
Whether the re.u,n Of a slave under the co1tr'ld
bic matter az being entitled TO he freedsm, reduces
him 70 his former condition. 40,
s Are The deci-ions az the Supreme Court 1 Nc
sour On the questions before Is binding OIL ths Coa'
within the r1- adopted 1890
zion 70 consider snd decide Of the above points
l. AZ TO the locality Of Slavery The eigli las
,broue bout the Continent Of Europe, il is believed,
without an exception r. that Slavery can exist ohy
within he territory where i s established and ths,
ssve escapes or il carried beyond such territory Ms
mas er cannot reclaim him, UNI by Wit OF some *
press stipulation Grouus I'D ca 10, ,, 10. ~ Gu,
| 10 o IWjc1ueoosts Emb assadOr lb |, p. us;
Martin go: Gaze OF the Creole in the House OF Lords
1872. | Pbllnofe on International Law 80 S>',
Ttere IL no nation In Europe which considers nsTn
bound 10 return 70 bis master fugitive save, unue'
tho ciy law or the laws OF nations. Oo the contrary,
Ie slave Is held 10 be free where there IL no treaty
obgatiou or compact in some otter form % urn 1il
| 10 lie master The Roman law Gid not allow eeloui
TO be old An Embssssd or or any other puo'c Iuo-
tepsry could not take slave 70 France, span OF sny
other coun-ry of Europe, without emsnclpatng niH
nun Der OF slaves escaped from Florida plsIt1ion'
and gee received on board Of chip by Admiral Cocu-
ran, by the Kings Bench they we're hela ~ NC HO'
| y Barn. and Cr.s 400
In The great and adirg of Prisg vs. The State
Of Pennsylvania 10 Peters, 5Ji Ia Cdr'i- Al th's
Court ray that by the general law Of n,ons No nation
| To N he
ssy es f und within it territorial domlnons, where It
js il opposition 10 s own policy aud INSTITUTIONS IN
favor of the subjects Of other nations where Slavery -
oIeapiz.d. Ii il does it, 1t is as matter OF comfy
AID not as matter of international right Ihe stste
Of Slavery is deered 10 be mere municipal ,egala
ton founded upon and limited 70 the range o he oe
rtoral Laws This was fully recognized IN Som srset
| cases LafIts Rep. |; 70 Howell State Trials. ~
| which was decided before the American Revolution.
There wa. some contrariety Of opinion ernons the
Judges on certain poiDte ruied IN Prggs Gaze ga.
tbers a. lone u regard the great principle thst
Slavery limited TO the range OF The laws under wncn
| II IL sanctioned.
| thoroughly EXAMINED than that OF 5 msrsetts
| m, iuGgment announced bv Lord M.nsfef ~ss the
Judgment Of the Court of Kings Bench. The cause
was argued at great length aid Nth great solily "
Usrgrave and others Who stood among the IN 'st emil
ntnt couI eel in England. II wss held uoder advise
uent from term to term and due sense of its import
| ance was felt and expressed by the Bench
In giving the opinion OF The Court, Lord NJ fh'neid
ssid;
"Tb state ef Slavery /, Of such tha, it Incapable
q heinz 90 any reasons moral political but only
S os p, and time c from crested er..ea
from the memory It T. Of nature th'' Ho'A'Ns '-N O'
| support II but positive Jaw
he referred TO the contrary opinion of Lord Hard.
yicke in October l749 a. Csan ellor: " Tbs, he sof
| Lord Talbot when Attorney aud Solicitor General
were Of opinion that no such claim A. here preseh'ed
| fol Freedom, wes valid.
The weight of this decision ia sought to be impaired
from the term. in which i described by the eIu
berant Imagination of Curran: The words OF Lord
Msnsfeld in giving the opinion Of the Court were
such ~ were fit to be used by great Judge, In m ct
important case. 1t is sufficient answer TO al onlec
tions 70 that judgment that was pronounced before
the Revolution and that il coosiderea by his
Court as the highest authority. For near century
the decision in 5, Deretts care has rema'nsd ine
law o England. The csse of the slave Grace decided
by Lore Stowell in 1877, does not, as hiss been sup
pcseo, overrue the judgment of Lord Msn'hsd.
Lord Stowell held that during the residence OF th7
sIsve in Eng land mo dominion authority or coersion
| csn be exercised over pim." CDde. smother hesd |
shall have occaon to examine the opinion - cue cise
| of Grace
10 the petition that Slavery can only exist exc apt
undo the authority of Is IL is ohjectet, that IN few
If in any instances has been established by statutory
enactment This to the doctrine aid
down 10y the Court. AlmOs, oil the principles of the
con mon las bad their undaton IN usage Slavery
was Introduced ito tue col mics of this country by
Great Britain at eay period OF their history aud II
az protected and cherished, VI til II became ncorpo'
rated into the colonial policy. IS lmmateral WHISTLER
oberu Ire il il have the auth riy of law There is
Slave State where the institution not recog Lied aud
protected by statutory enact ne = and Judicial decisions
Slaves are made property by the laws OF the Slave
St..s and az such are sole the claims Of creditors
they descend to heirs, taxed and ia the South they
| are q subject OF commerce.
| In the Gaze Of Rankin VS.. Lydia, A. X. Msrshals
Rep, Judge Mills speaking for the Court of Appeals
| of Kentucky says: I'm deciding the question lof
Saveiy discsim the influence of The genera prin
crplts Of liberty which all admire, ara conceive it
ought TO be decided BY the lsS it is and NO. a. 1t
ought Il be- Slavery sanctioned by the laws Of this
State aid the right to hold slaves under cur municipal
| regulations lie unqueetonhble Bat we visw this
without ou ndstion in the law of nature the ulwrt
| ten aid common law
| Twill now consider the relation which the Federal
| Government bears to Slavery in the Staes
| Slavery is empbstcsDy State Institution. 10 the
9th section of the let article OF the Constitution il is
provided tina; the migration importation OF such
pertoLs any of the Srates existing shall think
proper to admit, sbal not be prohibit cd by the Con-
gree prior TO the year 1908 but tax or duty my se
iuposed on such Importation not exceeding 90 br
| each person"
| In the Convention 1t WAS proposed by COMMITTEE
Of eleven to limit the poIta loo of Slaves TO the year
1900, when Mr.. Pinckney moved TO extend the time %
| the year 1908 Ihs motion caued-Ner-Haup
shire, Massachusetts, Connecticut Maryland Moth
| Carolina South Cprolina sDd Georgia voting 10 ne
| sfhrms,ive and New-Jersey, Penny ami. and Nir-
gins in the negative In opposiiion 10 tbs motion Sr.
Mhcison saic: Twenty years will produce all the ms
Chief that csn be apprehebded from the liberty I'M
port slaves so long term will be more dshonorsse
10 the American chic'er than 70 ssy nothing sbou, II
| in the Constitution Madison Papers. The provision
III rtgsd 10 the slave trade elbows clearly that COnses.
| copsidered Slavery State Institution, ~ De confined
| AID regulated by its individual sovereignty snc u
cerciia,e that interest the slave trade was continued
twenty yean-not a. = general measure out Tor the
benefit Of such States as shall think proper to en'ou