San Andreas independent., 1858-02-20

TIE SUPREME MUGGINsEs ON THE
BENCH.-The Supreme Court, says the
Bulletin, gave decision on the 11th of
February, in the fugitive slave matter,
arising in the case of the negro /" Archy,"
on hobeos corpus. In "a lengthy, and
very likely an able opinion, the Court de-
eide against every position taken by the
petitioner, G. A. Stovall; but, strange to
say-if any thing can be strange in this
country-hnally concluded to turn over
the risoncr Archy to his old master, in
order that he may take the negro back to
Mississippi. This is extraordinary, but
true-"a most lame and impotent con-
clusion" indeed The opinion is written
by Justice Burnett, Chief Justice Terry
concurring. Their own words tell this
curious judicial tale. They are as fol
lows:
From the views we have expressed, it would
seem clear that the petitioner cannot sustain
either the character of traveller or visitor
But there arc circumstances connected with
this particular case, that may exempt him from
the operation of the rules we have laid down.
This Is the first case that has occurred under
the existing law; and from the opinion of Mr.
Justice Anderson and the silence of the Chief
Justice, the petitioner had some reason to be-
lieve that the constitutional provision would
have no Immediate provision. Besides this
consideration, the petitioner is young man,
travelling mainly for his health. This being
the first case, and under the circumstances, we
are not disposed to rigidly enforce the rule for
the first time. But in reference to all future ca
ses, it is our purpose to enforce the rules lald
down strictly, according to their true intent
and spirit. T! 7
1t is therefore ordered that Archy be forth
with released from the custody of the Chief of
Police, and given into the custody of the pc
titioner, Charles 4. Stoyall.
BURNETT, J.
Iconcur in the judgment, and in the princi-
pies, announced in the opinion of my associ-
ate; while do not entirely agree with his con-
clusions from the facts of the case. | think the
delay of the petitioner was unavoidable, and
that the fact of his engaging in labor in order
to support himself during his necessary de-
tention. did not divest his rights under the
law of comfy, as laid down in the opinion.
TERRY, c. J.
We hesitate not to say, that had this
case of Archy been submitted on its le-
gal merits, to any Southern Court in any
Southern State, the judgment would have
been entirely different. A high-toncd,
honorable Southern gentleman or judge
and we are sorry to say there are but
few such to be found among California
politicians-would never violate law and
common sense to crafty sectional preju-
dices. While they would sacrific their
life-blood for principle, and insisting
upon what they and the liberal al-minded
men of the North believe to be their
constitutional right in recovering a fugi-
tive slave in any part of the Union, yet
had they or any of their friends volunta-
rily carried their slaves into non-slave-
holding State, and attempted to hold them
in servitude contrary to the laws of that
State and the pleasure of its people, they
would cheerfully submit to the justice of
a sentence, which would deprive them of
the possession of their property, the con-
fiscation of which they had risked with
their eyes open.
The Supreme Court of California has
always been stumbling block to this
State. If law cannot be found to justify
them in their private ends or prejudices,
they hesitate not to violate it, as well as
common sense Formerly, there was
talent sufficient Oh the bench to give a
coloring to their illegal reasoning; but
now the head of the Court is in the per-
son of bullying politician, destitute of
legal knowledge, who leads one of his as
soclates by the nose, as may suit his plea
sure. If we cannot have in the Supreme
Court of the State, legal knowledge COM
bined with sufficient moral courage to re-
sist the importunings of bad men, the
sooner we remodel such clogging tribu-
nal the better.