The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-18

.. all events, %, capable Of doing any ac& me defence
"a no, ureyan ans Amy convicted motion for new
nal was made before the Chief Justice Of the supreme
ourt himself the counsel urging nothing Dus 'ne a
Aat Court In the bred Scott casehat slaves wore
nd could not be considered in any other capscV Ae
ued that they could NOT DO imprisoned OF hnsa
WAS impossible 70 deprive them Of liberty which they
IA no, uossess or exact from them property which %
oud not own. Judge Tsney however, ovssraie' ~
notion and held that slave in the twoio'd
pf being person and q piece Of property ~. .h
lore stands sentenced TO two years mprS uasni in n.
true, ssid the Chief Justice ID ,or,. ., ~. y,
fences created by this act MarSr 1881 subject the
party g both fine and mpt,ssn' ,sus; evident
not IN the miad and Contemplation Of Congress
when It irnicscc pecv MARY punishment for he
making cont. act and g ,pseqaenty could NOT borrow
the amoun. Of the fine; and small fine, which would
adopted the usual rse Of Committing the party until
the fne was paid And we think IL Eust be admitted
.' zee pcsnsry psnaes could
sd We greatly oubt whether cesrt of justice could
'swally mprs IN party for not doing an act which oy
The law OF ms condcz impossible for him TO per-
FORM And mprson him TO compel tho master 70 pay
the dne Won be equally obect.onaole a that would be
punnnhe N innocent man Tor the crime Of snotner
The CT er Justice goes on % s.y;-Bu. although u.
tence the law where both fine and imprisonment are
mpof ed yet tina. circumstance will NOT justify the court
i
wsrd person used in the constitution especially when
obvous the whsle object and purpose Of this act
sd wop ass Dc oo Ss s inc WORD ps,so1
slAve Nor do we doubt the authority Of Congrcss 70
pass this law ns true that no conpensa''on % pro.
vded for the for the loss OF service during the
period Of imprisonment. But the clanee in the 9th
amendment Of the constitution, which declares that pri
vate property shall not be taken fer pubic use without
Just compensation cannot, upon any interpretas o.
apply TO the Of slave who Is punished his
person for any offence committed by him. although the
punishment may incidentally Affect the property Of another
TO whom be belongs The clause obviously applies 70
pery for The benefit or he and not % cases
where crimes are punished oy law And in one Of those
contingencies which sometimes arise IN time Of war "a
slave pressed by the proper authority into the public
service In order to be employed as laborer or team
ser any other manner this ,ause Of the cousutu-
ton undoubtedly makes the duty OF Congress- 10 COM
pensate the master for the oes he sustains
The decision Of the Chief Justice continues TO be sub
ject Of very general commentary here and elsewhere
and almost every Instance where have heard the sub
ecs dacussed opinion seems TO conflict with the dec
the Hrs. the kind which probably ever been dis
cussed in any OF our coults bias developed defect in
ncss sssns the uused States and shows IN The cuinon
II many Of distinguished lawyers, the necessity for
.ra ssve code for the States Many hold the decsicH
II les Justice the conflict the deci-
La -rs4 Soc which holds slaves 10 be pro
ls-ag s;srsss-e aensble TO the statute afxing
ns Iir rRaan srs Tor o-aCces committed - in this
usuuisa afGis. urrsa s.xs<A I nIor med that
ans sitau vii ~ poassa assors co-CeaA the shape
81 Dn ,rvEiuna ibs Of slaves
IN LIZ ins IL La EsssI Bsrrsz oy Impeachment upon
eorv'ssc CT q. Hdsn,e- u = Me case oC Amy, or by
hapgns TIE s,ssss2u ~i dcubs E1vs rise 70 much
debate involves rAry psinu Api able 70 the sub.
ject OF Intervention IN Tie Ierraores
Among The points raised by Mr.. Howard, counsel for
the defence theseSaves were, the decision Of
the Supreme Court properly not persons and the act of
be logically fairly applied slaves nasmuch as
| the penalties provided were ane and imprisonment.
The constitution of the United States provides that
"tral Of ali crimes except in cases Of impeasnmca.
shall be by jury" which means jury Of ones peers
Such the sense in which the term in
m "
| understood At the common law, from which it
WAS taken for even in Magma Chsrta (in this respsc.
s nc shall Sa ds bis 3 $
erty unless by the Judgment Of bis peers, ns per a
Story in his constitution, citing
CHkes Institutes and Blackstone trial by the country,
which TRIAL by a. jury who are the peers Of the party
accused being OF the like condition and equality in the
%arefore slaves are included in this act Of Congress-
90 sv ,oSSs9rdng 70 the constitution Of the
their equals slaves like themselves; .hs. would be-
presented the novel and anomalous spectacle Of twelve
slaves aubpgned from the field or the factory
dressed by the district attorney gentlemen the
lWy;n. slaves sOlemny determining the legal rights Of
their fellow slaves, who in contemplation Of law
rights and dsposng OF the lawful property Of their
teIs themselves but mere property Ike that Of which
plainly enough chow that slaves never Intended 10
be included within the provisions Of this act OF Congress-
Counsel contended that the whole management sud
control OF slaves their discipline government and punish
ment are aud ought TO be matter purely State police
|
several Ssaes-wth which the federal has
right business TO interfere ia subject sacred
the T rsssSvs @
power exclusively TO themselves, and 1t will be ey
DAY for Virginia and the Southern States when federal
government shall the authority carry
away slaves 10 the Detric Of Columbia North
ern States for the alleged purposes OF punishment or
otherwise Nor is there any necessity in this
initiate dangerous precedent and innovation. Tois
slave may well be tried, and, guilty, properly
punished, under the State laws for larceny Of the
letter and It's contents and that is the with
which ought to be pursued and TO which her fMr.
Hairson) would no objections She ought To be
whipped and rent about her business and not CARED be
yond the Jurisdiction OF Virginia 10 Washington there
sleep Or scsen in Imprisonment iron years.
the total loas Of her services TO her during that
tme and then 70 be turned loose among perhaps
but 700 ready TO facilitate her escape TO tns North Foe
master had no guarantee that she would be
10 him. Il rot the duty Of the Marshs return her
vac not the duty Of the keeper Of the Washington psr
Tertiary provision made for it 10 act and this
acs OF se shows that the ACT intended 10 80
ply 70 Slaves, and that it was is unconstitutional He
That ordinary legal contemplation and parsnce slaves
are not regarded "a persons bu. as property and tha
anoash .s chastes, they must sin De and remain n.
tura persons yet they not and from the law CT ae
conal'ion necessarily cannot be Legal civil persons
heoce hat prtna aca, in general statutes OF toe states
statutes or scts ordinarily havag reference oay to leg
or cv PERSONS and That In order include slaves tney
must De mentioned 20 nonate or by special d.
| tcripton, or by necessary implication.
That in the penal code Of the federal government sevs
are nowhere named, 60 n0nre, or by words o. soact
description and that though from the object and posC
| Of many of the penal acts Il would seem that savs
ought 10 have been included and in the absen,s OF
thing TO the contrary, might possibly be construed To be
included BY necessary npcaton, yet that, respec, 70
those very acts, by the character of the penalties i'm
posed In the great mass and majority cases slaves are
by the law OF their condition, necessarily and absoute
exempt.
That Of this character is the particular act aai esps
cay the particular provision Of the act under winch
| this prosecution is instituted.
To all OF which, It might be added ii need be- that mel.
tner IN the summonng OF slave wtnesse the most On
mon and important witnesses for agains. tn Dir FELLOW
saves nor pursuant 10 that humane the federal
constitution which stpulates tnst excessive bail shall
not oe reqnfed' In allowing providing tor the taknk
VI pan II Inc case OF slaves, canpo. enter into bal
oents Tor themselves, and are therefore under III,
general law now incapable of being baled a. all aad the
| oonsu'uuUn hoD maze dead letter in that respecs
so far as they are concerned nor ia adopting Che mole
INCIDENTS OF ia to suit the civil social staus and cna
racer OF me slave nor in providing suitable ana suG
Gent penalties for slaves and avoiding tho ioaon,n, Ca
luy ana Injustice OF putting the white czsns aad nee