The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-06-01
LOCAL AFFAIRS.

= LOCAL AFFAIRS.
UNITED ErArEs vs. AMY.-JuUeE r.
i skf's 0PiSIoS.-SLAyEs suByEcf no InpxnosMEs
: usDsk TIE u s. LAvs.-In the U. 8. Circuit Com
1 opinion was rendered by Judge Tauey, yssterds,
= monon to set aside verdict, which foun
> Iii e, save, guilfy Of mail robbery, and whicl
=; "1ss Der to be sentenced to the penitentiar,
tnan Two, nor more than tan warn. whs. ~
moaon 20 set aside" was made, We published m,
~ y, John HOWARD. Esq, for the master O
!. The n,i:orsr !, now M give Judge rs decision:
,neI sna M tais case was indicted FIR stesl
tsining articles Of vsse particu,srly dssnr;hsd i,
that she Was at the tins The afnca va tns ,ri.
.ea: sna a. the time Of the trial slave: and he,
1n snsrsnpoa pravea tbs direction II the cour
~ ~ tIe u.i tnss the prisoner not embraced II
me sscrip,ion OF persons TO which The law IL onss
ton aopiied, and upon whom it iatenrs TO isfjr,
The m otion was ovegrr!ed By the Court and ,h .
prisnn.s nrder its direction wss fonnd guilty NV
tne 1nry as charged in the indictment ' g
1 ;, ana motion 10 now made to set aside fha var
dict and Rranta new trial. npon the ground ~ !.
the insiruesion asked fr cugbs to hsvs besp stysn
| and that the Court erred In rsfusins it
\ The act Of March 81. s25 sect,on 32 u,ser wb,c.
the prisoner 10 indicted provides thai II anr ,eyso,
nns. s sssi or take letter from the mai. any
post oIpce. rue offender shall upou conyjctiOu
. th0n ten yeaId -~o
asavs Il the eye Of the law, is regarded a. ppoper
W ara 81 the set Of Congress speaks only or rrr.
sons without any reference 10 the property of ,he
/ mastsr. aug makes no provision TO com pensats
nna MIN s,s s loss It was not intended and does net
operate upon slaves. -
msster,and his right Of properly Is recognized sn
ssc1sed by the coostt1tion and lava OF The United
zsu. aud would not be embr.oed in . y oos Stl.
only upnn that class of persons Yet he ia 4 psrsen
ara ]: always spoken Of ard described az snc:, in
States. "'' VI 'he chiteo
| fhu. the fwo clauses in the Constitution which
ton i,s scnnston 20 sn property in slaves and
| hoth sreak OF them AS persons without any osbs
| or Iu' ther word otdescriptioo ' N'-''
| Lue cIause winch authorised their i'm mportatiop
declares that. THAT the migration or imnarsstinn
o. smch persons as any Of the ST. tes now exisins
hundred and eight "' 'no"'snd e'gnt
hmd the clause t intended to protect the rig' of
HProperty IN the master, provides That no yssa,.
held to service or labor in one State undar ~ ~,
ereo e1eaping into another shall in ctnsennsncs
from such service or labor but thal be devered mn
~;c CAIN 1i me party to whom such labor or ssr
And the third clause of the second section q, ., .
n,sS ~ article. which apportions the Representative
,S among me several states, describes
tation and direct taxes shall be apportionaJ smon
the several States which may be iocindsd ~th;ss 8
aprrr rhav.
which shall be determined By adding to tha Luz
nmmoer OF iree persons. including those bound to
taxed three fths Of ali other 1ma,ng Indians
der I'M. description slaves have always been ~ enn
me,sted ss.s in the census: And the slave holdina
numbers 10 the proportion specified And ~ ans,I n
has ever questioned the right of the slayabndnc
inc es tbs % nrd m or doubted the mean
1t 10 evident therefore tn ~ the word ner.or. .,
nssu ~ tue to describe slaves well a.
| .feenen. tnd conrt OF justice would no; be- ins
tilted in refusing to give the same word the ~ sm,
construction. when 1t Ia used in an act of Coneres
of the law, in the provisions with whicRR RRI ~
| word was associated, which msnifsstly indicsfst
md intended 10 be confined to persons who wer,
free. N "'''
There Is certainly nothing in the object and DOL
ICY Of the law in question from which it can be- in
terred that slaves " re not intended TO bs nnnish
ed for the offences therein enumerated The offence,
were as likely to be committed BY slaves as b,
ree men-snd the mischief equally great. wbe,hey,
Icommtted By th 9 one or the Other. And if savs
e not within the law Il would be in the power 9,
Expectations on the mails and post ofices-and q.
the slave could not be Witness the cuiprit v be %
brought to punishment. And If the slave himseif 4,
not within the law. the crime might be committ.S
aag ana with hinp perfect impanity; and all Of ihe
the protection Of its mails and post offices vond h.
Of no value. Such construction would defeat In,
who evident object and policy of the la voujc
rather tempt to the commission of thoss ofsncrs
tbs certainty of impunty, than to prevent them y,
In expounding this law. we must not Iose s,yb,
Of the two fold character which belongs to the
He is person and also property As property. tht
rights CT the owner are eatted to the protection ~
the Law. As person he is bound to obey the ia "
| and may Ike any other rers be punished n h.
provisions of the law. either by the descrint;oo !.
| property-or as person according to the suhiec
matter upon which Congress q state is iegisls.
ting.
Ii i, true that some. of the offences created b,
this act of Congress subjects ths party to both fin,
capacity and disabilities of slave were NOT in IN
| mind and con'emp alton of Congress when n in
properly aud Is also incapable Of MAKING conc nc
tract. and consequently could rot borrow The
amc unit Of the fine; aud small fiae which could
be but slight puDishment to another world in et
feet In his case be impriss nment for life. If tbs
Court adopted the usual course Of committing the
party until tas me- ht was =, paid And we think il
penalties Congress could not have intended to M
brace persons who were slaves and We greatI,
doubt whether Court Of Justice could lawfully
imprison party for not doing an act which, by ttt
law of his condition. It was impossible for him te
perform. ana 70 imprls9n bin 10 compel the ma
| as that would be punishipg an innocent man fol
the crime Of another.
question. and we must not be understood as expires
ing a decided opinion upon it The cfsnce o
which the prisoner mas been found gnilty. is pun
punishment IL, without doubt, looked % with q
much apprehension and fear, and fslt as severely
by the slave as IL fs by The freeman.
Gut althou xh the difficulty above mentioned vii
arise ia passing the sentence Of the law where bott
Pill as ha yet
tro., the sarse and meaning in which the wore
persons is used in the Constitution. especially wher
| IT, obvious that the whole object aud purpose O.
this act of Congress would be defeated II the word
Iprson. as used in it was held not to embrace
Nor do we eS.:ht the authority Of Congress to pas
this law 1t 10 true that no compansa.ion 10 proyt
ded for the master for the loss oservce during the
period ofimprisonmant- But the clause in the ifth
amendment Of the Cocs itstion, which declare.
that private property sha, not be taken for public
nss without Just compensation. csnnnt upon a-y
fair interpu iation apply to .he case of slave VII,
is punished Ia his own per.na fer offence com
mitted BY him although the punish .aent MAY In
be belongs The clause obviously appies to csse'
where private pr perty 10 taken to be used prop
-asas where crimes punished By Law. And II ir
oae of those contingencies which sometimes arise
n into the public srscs IL s 70 81
| poyed as laborer OF tsamster. or in any othel
manner this clause Of the Constitution undoubtedly
ms.tsr fer the loss be sustains In such csses and
in an other cases where the slays IL taken and used
aoyernment acts directly and concinsivsIy upor
the masters right Of property without any refer
epcs to the personai RIGHTS or personal dnties 2
the slave toward the Government 1t deals with
him as property only. and not as . person-snd -
il takes properly 20 be used for the public emolu
ment. It must pay for 1t u
| But punishment for crime stands upon very Oil
feTent principles. person. whether tree or slave
is not taken for public when he Is punished 10
| au offence against the law. The public In suci
cases acts in self defence to preserve its own ex
istence. and protect its members in their rights
person and rights Of property. And the loss whicl
the master sustans in his property h incidental
and necessarily arises from lis two fold character
, since tho slave as person may commit onence
| which society has right to punish for its ow
ssfety--although the punshneut mar render th
| property OF the master Of little or no valua Bu
this hazard Is unavoidably and iasuperably ASSOC
ated with this der crip;ion OF property; and IL CO
furnish no reasan why slave. Lire any sther Pc
J con- should not bo punished by the United t%s'
for offences aaaiust its laws passed within q
| scope Of its dsiegated authority.
1t 10 not for the Court to say whether tho cover,
ment is or Is not bound, in Justice, to compen:s
the master for the less Of service during the 81
the slave shall be imprisoned. The que stion ao,
| not depend upon any provision In the Consfnuool
nor has it been provided fr By any act OF Congres
And q the mater now stands. IL = quesssson : :
the decision OF the political dsparsmens o. .ne
A vernuent and not for the judicial snd conseeueu