New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-24
LAW INJELLIGENC,E.

%
esting and important decision on me 90 o.,
ysrd judgment nlsde by the c9uo.el in S O
Tbomas sbss Macon Thomas a,ss sson , go,
IN the e. AP<dG George Anderson enng
IN. 10 R;chmopd Va under the prete1t Of ysnuins
the horses Of said Thomas, aIss oPauu.s' si,b he
sneun ns.rl,vsr Thomas arrived st Richmond the
Lstey soI the negro for SOU, as a save, ana only
r,n,esep 3tons made 10 Andersone Trends N
ar; c,v was the outrage made known. Tue jury hsv-
- tonpd The proper guilty il senaioed only for the
Recorder 10 sentence him. In answer 70 cosels mo-
f;cp for an arrest Of judgment the Recorder DECISION
wAs a. follows:
Term Of this Court under indictment containing
three counts-one charging him with kidnapping,
another with inveiglng, and the third with ootn kd-
mapping and inveigEng George Anderson, WITH intent
70 cause him 10 DO sold slave. motion was
made 20 arrest the judgment on the ground taas the
verdict could only sustained on the count for In
weighing and that IL cannot be sustained under tina.
count because the count is defective in not alleging
that the sale was TO have been ma lie against the Will
person inveged and also because The hGts which IN
.ta.e tbs nyeens were not seS 1r1 s contents
he tAd count faulty joining two DIST obens. OF eqa
sd< tho take Of this the verdict bs
sssned under the second count 'sl DC consider tae oec
boIs raised 70 the trs, and third
and natural ipoIt and in their ordinary gfsnma sense
ssedEwk Statute ana Constitutional Law 30 asd 26l)
son. Judge ssys The Of authority Of the day
Of reading according TO the na,lA and
obvious import Of the language without resorEg to subt'
and forced constructions for purpose Of either limiting
extending their operation"
in MaS Hanters Lessee Jadse sory says words 70
he taken their Dstura and obnoas scns aud not in eas
unnecessarily restricted enlarged A 1er prIpe in Ia
construction Of statues il, a; when tehcA ~ofds Ouf "a
statute hoy be taken tconic scpse "nless AP
pss they ntssdeo 70 be spoiled OH rent from her or
Slny egs accep'GuOl The WORDS save ana sVeIy ~ef
the Common Law and Bscts.one, IL hs eatis-
boss Of words meaning absolute tnd unimte3
gwen q the master he NE AID fortune o. 1e slave And
BY Jo,tpisI shows that they al bale i
sndsons The second OF these origins is stated 20 be wren
aruln az. IL lrQrsHt IA
The comment OF Bslsooe il that this only rneaut
Sssi !; !: ' . s %Ssr i' sp the sense Ok Or
gcdcrn BabsIy Alec Impossible because eycy sale inphe7
me blyer, and yseat be siyea for
81. and liberty SoiO Of "se 10 'S.S s ssy s b 1 1sy
sssns 10 receive devoISes ,o actO
orsnsse BY tie sell sssery saroas Slave
scrs si.s. Of THIS 9i9n hs. bee. ,ss .aee 81 ysors egg
night LIFE only Of The sieve leaving bo IN IN tore
the power the fortune services and Of
some Of the may gone 4 olase Visions
respecting the casgson and health Of the slave But except
faT legislative ensmeIt may have changed the Tae 1s
still possesses the absolute over te slave which
seems 70 me- therefore the Slavery
sbp;s nesas which i hat in Bal
khsy also ordinary sDe seneEsyIecesed meaning
BY others understands the meaning 10 be
son who under legal sanoUn iSed oy Iae o. ,ae
another without COMPENSATION and against his VII who
not ~, an end 70 escape from bic sertade and who ii
sod chance 70 his aud fee be- taken legally
tOleed bah into seryitude against his will.
Thus ordinary wereceived meaning Of the ids it
VIII be the same as the echni meaning Aud sccord
iDs The words when used in the statute in question
eeIong the principles Of above stated be taken have
been used in that Nov as have shown this mean
person 10 held against his will The siugie slave
against his will Consequently the Lessure did not il the
statute in question attach the words against his WIZ to the
supsre,on According 70 tais view aiso wn-n the word
used in the Indictment embodes il that word
The law Of gland ard of this State does hsbo the sup
position that man win Voluntarily sae.c: hmsei to slsysry
u Lis reduce himself 70 such fse Of Subsection Such
wber he receives puses his sup
qvaeu necessarily follows that be cannot co3sont 10
reb sale Ii. being INSIDE BY enohe where he neither
receives spus supposed equivalent
seeb would be void equally with MAZE BY hiae
construction which renders necessary to hold tha was the
nten,ab Of the Legislature t. p4ss az en;net re saIoss
dsst 10 exist cen:LsIy 20 Lne ~ny p o. %: Gln Law
which SUI position Law Goes AID wd
Nd explicit words Of the s,stor render slcn cor
psrsie Tue words the not clear 70 render
recognizing the supposion tina, viii voluut My
uh,et himself Slavery AID sfrns bis rst' to SCI. himself as
The construction in this view must theIef3e be-
b.y meant BY constitute the crime anito in-
se in those words every act necessary 70 oonsse iee
AID that IT, in order 70 Consulate the CRIME ne sse DE
the viii Of the sOd then those WORD sa I'D ~
Imply aud import that the sale Was made ae'ns' MS
use the phrase W in order constitute the crime the sale
question whether the intent 70 sen slave is not crime
within the statute irrespective Of sGy question concerning TIE
vii Of the peron sold lar 10 prevent the deendan from
proving defense the intent was to cell with The
ea tia, would voluntarily consent To be vod as slave
passion that the Legislature might well say snh
arise If it should can only occur IN conse
epce Of the being obtained by tcx article
p 3iop undue practices feeble intel ec IN ali o. winch
sa was % obtained and therefore will strike the root Of
and extend the most ample protection and prevent
defendants from setting up defense when must De
tnneed on such facts and s VII nV@Aoy In
void although the defendants by cunnins con-
tIvenee should so arrange MASTERS as 70 lender Impossible ior
The question however from the othei views have taken Of
this e>se, ii is not necessary now to decide -,
,,ronsy decidedly dssen,ed aud expressed such dissent
"ss.ins hs w apply the word slave" Tae
to follows: Every person who shall without lawia sa
tbory orciby seize conhDe any o.heT soa invegeo
hnsp with tent such person u be sold as
80 way held TO service against HI. wall shall &c
Now grammati construction, II The words ssAns his
will" intended 70 apply 70 the word slave, comma
sbOud bsve been Pscei between the word and The
there branches the fret Of which carries iu aud com
pie idea in itself and the second another distinct idea
Of the two branches appears thst the neEi OF the last
not included 10 the hrs and not TO
qualify restrict the meaning Of the words previously used
That the facts which constitute the m'esng were not sci
The indictment aeges the defendant the h day Of
JaIuay ltsS the Frat Ward in the City Of York did.
without lawful authority wifuy aud ielonoay invege George
This sufficiently and explicit 70 inform the defendant
sas %:i' S sI ID b.
segment prosecution for the ofense also charges the
sufficient, usder The uIe which heretofore
laid down in The Peope Boses To set oct the
.y would be prosecution to proving
aesed although ohe's might have been used which
ordinarily the means by woleh
erin. committed, and when ii is set forth simply
Fer these motion Of is overrad
Tho Governors of the Aims House sst. Horace