New-York daily tribune., 1857-04-22
.JLDGE STORYS OPINION.

The Buffalo Commercial AdrrrtiScr relates that in
the opinion delivered by Justice Nelson OF this State,
in the Supreme Court OF the United States, on the
Dred Scott case, he quoted very remarkable letter
written by Judge Story in 1928 relating TO anal
ogous to that Of Dred Scott. 1t seems that Judge
Story was accustomed TO wrte at least once year 10
Lord Stowell, sending him copy OF his Judicial deci
sions which the latter duly reciprocated. At
length case rose in the English Court of which Lord
Stowell was ChefJustice) where an Antigua slave
carried by bis master to England ior temporary
residence and was subsequently taken back to Anti
qua He brought suit for his freedom and the Inferior
Court decided against his right TO freedom. In the
Appellate Court Lord Stowe in behalf ofa majority of
the Court affirmed the Judgment below. Lord Stowel
sent his decision to Judge Story, who delayed reply
ing 50 long that Lord :. again wrote to him, express
ing regret at not receiving reply and hope that
their pleasant correspondence, OF so many years
standing, would not To these letters Judge
Story replied rs follows:
To RT Hon. WM. LORD SrowELL-My Lord have the
honor to acknodgs the receipt Of letters Of January and
May last the former OF which reached me in the latter part o
Spring and the latter quite recently. have read
y ;f", aSHon co y%H in Antigua ta ne %
,hh hare been able 10 g're ne subject entirely concur
mes in like case Ishoud certainly hare arrired at the
result though might have been able to present the res
It appear. to me that the decision nprcgnable.
my native State Mass the state of slavery not recog
toni, home should think that h local
he rrtroat,d have had occasion your
has been extensively America (where questions Of this
mot of unequent discuS"n and never have heard
any other opinion ta, appreciation expressed among the
profession the law. but think that Questions
of this sort well general maritime law well If the
common lawyer. had studied little extensively the prn
cps of public civil law and had looked beyond the own
mum ' / remain, with the highest respect,
Your most ol,cd-ut servant,
JOSEPH STORY.
We copy the foregoing from The Journal Of Com
merce. that eager defender of the divine institution
The views laid down in this letter afford no sup
port to the doctrines of the present day. Judge
Story simply declares that slave coming volun
tary into Free State and voluntarily returning
to his servile condition. does not thereby emanc-
pate himself in the eye of the law. This is good
law as the world goes, and, 50 far as We
know, is uncontroyerted law 1t was the
doctrine laid down by Lord Stowell in the case
referred to. But it is quite different thing from
the Taneyism defended by The Journal Of Com
merce and kindred prints. Judge fancy holds that
| slave may be forcibly carried into Free State
and forcibly taken back and that however unwil-
| ling he might have been to be returned, yet the
| law of that Free State decreelng his freedom,
| gives him no protection against reinstatement.
There is not therefore, single crumb of CON-
fort in the letter of Judge Story which The Jour
| nal introduces with such a flourish. Ii does not
in any degree whatever shield any one of the afro
cious dogmas of our Shareholders Court.