The daily Butte record., 1858-02-15
-Ts
The Archy Decision.

The Archy Decision.
The "expediency" malady seems to have
become contsgion, as has the suicidal
mania in San Francisco. "Expsdieucy" has
at last seized upon majority of the Supreme
Court, and carried it far beyond the limits
Of Justice even to the dangerous and uncer-
tain confines of Higher Law"
On Thursday last, the celebrated "Archy
Case" was brought to focus by decision
from the Supreme Bench. This case has for
some two or three months, commanded the
attention Of the press and the people Mr..
Stovall went to a Justices Court in Sacra-
mento, to the U. s. Commissioner, and to the
County Court in Sacramento, to obtain re-
possession of negro boy whom he had
brought hither from the off State of Mis-
sissppi. In two of these courts he was de.
MED the right to take the boy into his pos
session as a slave, it having been conclusive
ly shown that he (StovalD had remained in
California long enough to become q citizen
of this State, and to make him something
besides q mere sojourner or visitor here.
Now upon this construction of facts, and
the consequent application of law, the plain
tiff appeals to the Supreme Court. He does
not deny that such and such facts have been
established, but he does deny that the de-
duction from said facts and the application
of law was right, and SO he appeals, as he
had right to do to the Supreme Court. In
this court, if he expected anything, he had
right to expect that the facts as proven
would receive different application of law;
this was all he could reasonably expect; all
that anybody could expect. But what has
that astute body DONE
What they have done is briefly this:-They
have decided that all the decisions which
have been made in the courts below.-n IA
vor of the slave-wero right; that Stovall's
ownership to the slave had expired by his
sojourn in California; that all the law
which had ever emanated from Supreme
Courts, north and south, conclusively sub
stantiated the decisions Of the Courts below;
admitted all this. but then all of sudden,
struck in the very vitals with the mysterious
stealthy demon of "expediency" they enun-
INSTRUMENTATION And not 10Th
standing upon law, but upon the rickety
scafold of "expedency:" they have said to
Mr. Stovall-"Take Archy, 60 where you
please with him; not that you have any
right to exercise ownership over him, not
that law. or precedent, or facts establish
any right which you have set up, but be-
cause this is the FIRST break" of this kind,
and really, we very much dislike to decide it
in favor of niger so 60 along with him,
but don't let any of your friends, or aay-
body else come here in this way, (here the
Court looked dignifed and savage), for if
they do we shall feel obliged to act in our
official capacity and apply the law. We
will violate principle in your favor for expo
diency now, but We can't do it any more~
Now We will leave it to any man who will
read the decisions of Judge Robinson, and of
the Supreme Court. if such has not been the
spirit and purport of this very singular dis
posal of very important case. Has not the
very function which makes the Supreme
Court what it is, been set aside for the
exercise of supplemental and extraor-
binary "Act of Comfy" and individual
favoritism. We denounce this decision as
a disgusting display of expediency, in
direct violation Of law and facts. 1t would
disgrace the veriest Dogberry. and out
mock the Mock Duke" himself The
Flaw of Comfy" is made claw of Comedy"
for its application has been farce.