New-York daily tribune., 1858-03-17

copy Of the opinion Of the CO art bu: sioce Z VII u
more than three columns u your paper, and - pot
characterized BY any peculiar legal learning OF Gear
logic and YOU may not with to publish it, snal give
You bret and correct aostrseiott.
IL begins v ia rectal OF the iac's VI tne n
% the ffus Of Archy TO 90 back 20 Miss ssppi and
iten skipping over :he wois; OF the perjury aaa ron
derfal management by winch the csse was Drought
before the Supreme Court, and laying no Stress upon
any of L. states that StOval spphes, by hsoeas SgI
pus, for the custody OF Archy, intending 20 -end hin
10 Ml-sisspp;. .t;..,.:o,
The opinion goes on 70 say ,ha; tne Cou-t ciscIam
" the ,f1eLce OF the general prncIPLes oi .oer G <
" which We oil admire ard coDceIFe Il oush' - y.
" derided by the law =, and not a. ought -
"be.' They then say that the !.glt u save p'pI
.r'y is recognized by the Constitution 0l me "a 'eu
State a. ir,.rpreted by The Dred SCOT; dc ;isohi
that tie night OF property N slaves being Sun ~ -
nu.t be protected jus! as .he rgh 10 other ifoPr.!
j.; and there il 10 reasonable doubt hat ms !3n'
Iuust be protected while the master Of men held n
Slavery IN Slsye States ia passing or travelling WIKI
tlsm through Free states.
But there ! IN 70 doubt how i l. entl'eG 10 -
teciion whether by comfy or Constitutional IaS. 1!
by comfy which * the legal name ior international
cUuite.y then the protection Will depend entirety j
the dcreton of the different States. and may De de
pied w.th 10 violation OF any prnep save courtesy
Now courtesy an uncertain and chaDgeao!e grouuu,
aid security; and the CONCLUSION Oi ne Ceu-t =
that the right OF transit through each State ~!th
"eyery species OF property known 20 the Consttuton
"of the United S.8es and recognized by that pars-
mount law, ls secured by that !nstrumen, 70 esch
"citizen."
But this security fox the slsye property OF tae mas
ter travelling with hi- chattes through Free Stste -
given only 70 travellers; that i, 20 persons passing
with the -peed Oi The common modes OF trayelns IN
case { An accident such sickness, or high water,
the traveller might stop for short time without
fofltng hi- right % have his property in h.s save7
protected. But there mus. be no ." unnecessary de.
lay in the travelling. II the traveller engage N any
busi1ers' or employ his slave IL any business, he
forfesIs claim to protection; the Constitution OF The
United Stat-s has nothing TO say Tor him. he LETT IN
the State Jaw. StovaI is rot traveller because he
reeided for months inthe State, went into business ard
Lred bis saye ou., and therefore the Federal Const.
t,n oiye him 10 righ. 20 the custody % ATchy. Still
less favor does the Constitution of this state show
him. for il declares that neither Slavery nor nvo.-
untary seryitude, unless Tor the punishment oi
" crime shall ever be tolerated IN this S.ate.
But there are peculiar circumstances connecteu
with this particular case that may exempt clm
(StoysD from the operation OF the rues We have AID
down" This is the trs case, and he may asve been
ignorant of the law Besdes, "tus petitioner young
fran travelling mainly for HE health and, there
fore the Court s not disposed to rgdly enforce the
rule for the first time. But in reference 70 al future
cases il il the purpose OF the COuT. 10 enforce ne
rules here laid down strictly, according to their true
" intent and spirit The opinion ends wltn the i9l
lowing order: l. j. therefore ordered that Arcny ot
forthwith released from the custody Of tne Chief
Police and given into the custody of the petitioner
"Charles A. S,ovaI.'
Such i. the substance Of the opinion OF the Cour a
rendered by Judge Peter II. Burnett, VINO was Gov
ernor of the State ID 1850 Chef.J us,ce Terry con
curred in the order but avoided the absurdlty OF M
opinion by saying that Stova had not os'ih.s chsra
ter Of traveller. IL every other point ne agrees "t
Burnett Judge Stephen j. Field, the only Othe
member of the Supreme Bench, was III, and was not
Court at the hearing decision OF the case IL /.
well understood that had he been well thinSs "ouU
have gone ferenty there would a. least have oee
dissenting opinion, and probably his influence wou
have saved Burnett from making ass o: himself
stephen j. Field il brother of the great David Dad
lev and will in time, trust prove h!mse: not un
WORTHY of hls elder brother.
Soon after the decision was rendered. Archy wa
put into a wagon, handcuffed, and guarded by arme
policemen hired TO carry him back into Slavery. IL
was driven off to Carson Valley, a. is supposed
though his destination is not positively know. Ha
such decision ever been heard OF Inc Court d 4
cards Justice follow the letter of the law, and dis
cards the letter of the law out OF compaLsaDce 10
man who is young and il The Couct distinctly say
that if another case of the same kind occur ag ain
they will decide it just the other way Such soem
humbuggery never heard OF. What sublime def
snce OF the law which the Court was established
expound and enforce What an insolent disregard @
Of the State that, when they don't like the law, the
can find peculiar circumstances sufficient TO lnduc
them TO set il aside temporarily,
There is one slight consolation IN the dlscon-en
caused by this decision There is some talk about IN
peacLing the Judge. II ought TO be done; and ii r
could be sent back 20 his original obscurty as farm
er in Pike County, Mo-, the world would be bette
for it.
James Buchanan the Supreme Court of the Unite
States, and the Democracy OF the North may reJoic
al the consequences OF their policy; California VI
tolerate Slavery and involuntary serv!tude, o.he
than in punishment for crimes, provided thac tn
stakeholder does not stop in the State, bu. merel.
travels through II. What mex. H.