Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-06-10
A NEW Us SUPREME COURTBE.
CISION.

A NEW Us. SUPREME COURTDE.
\ slave woman, AMY. was tried before the
[. S. Circuit Court in Virginia, for stealing
q letter from the L. s. Postoiicc, and found
guilty. The verdict would consign her to
the Pcnitcntiary in the District of Columbia
for term of not less than two. nor more
than ten years. motion was made to set
the verdict aside, because she was STARE
1t was alleged that the Act of Congress pr,-
mn facie, referred only to "persons" known
t. tie law as having ifgai rights and respon-
sib'h'ies, that by the DRIED Sco1r decision,
II slave had neither slave could not hc
GHed, because slave couH not hare property
slave could not be deprired Of liberty, bc-
cause he had no dJerty 10 iose. Moreover.
the Constitution provides that 1.-THE trial Of
all Grim except in u case OF impeachment,
shall be by jury" which mean. a jury of
ones peers which means hi, equals; those,
as Judge Story says, "Je'ng Of Me Ike coad,.
ton and equality IN The STATE" If then II
STARE could b, tried for a criminal offence, the
jury should be slaves, and not FREQ men.
The reasoning IN the Died ScoTr case states
expressly that the Constitution has only two
provisos which point to African Negroes and
their descendants, and these treat them as
property. and make it the duty of the Gov
ernmont to protect IT. any act of Congress
which should seek to subject slave to any
civil or legal r, sponsiblities Of the citizen, or
attempts t. treat or punis him as Il free
man, would be unconstitutional and void,
SO far ls he is concerned, and plain inter-
ference with the right and powers of his
owner. The STATE only could regulate the
relations of muster and slave Ii Virginia
takes a slave away from his owner, even if it
hang. him, it pays him for him. If Amy
was taken off to lrison, the owner would
lose her services, and she might die in prison
remuneration. When her time was out, she
would be let loose and might run away, &C.
&c.
Such we're sonc OF the points made f,r the
motion. OF course they were all treated as
OF no weight by Judge fancy in his opinion,
delivered May 81, the drift Of which
amounts to this-that though + aves are on
~ property in their relations to their masters
ami therefore have no rights which they can
enforce against their masters, IN Z. S.
Courts at least,) any more than horses have,
yet wien they do what if done by freemen
would be crimes, they c,,a be punished as per-
sons; because the good of the community re-
quirc5 it,
50 there Is no difncuity it seems in slaves
being dcPurcd Of his liberty by L. S.
Court; but as Tor his ge,,ng it IN that way,
if wrongfully deprived of it, it is not to be
thought of. The L. S. Court in such Il case
has no jurisdiction
Touching the damage to the owner from
taking his slave away and shutting her up
ir Prison without compensation, Judge |
fancy says that cannot be helped, as the law |
is' ~ 10 iDt ipl lut 1ctit " shN NHttutT
tn Government i. or is not bound in justice
to compensate the muster for the loss of SER
vice during the time the slave shall be i'm
rsoncd. "As the matt, now stands, it is |
1 question for the decision of the political
department. of the government, and not for
The judicial" We will warrant hat hint
will not be lost on the l'ro-sllvery politicians
Of the day. We shall soon see an attempt
to provide for paying the master out Of the
National chest, for all damages lch he
may have suffered, OF may claim to have sul-
cred from the loss of his slave's services when
Imprisoned by a L. 5. Court. A father may
ose the services OF son for years, OF wife
md children that ola husband and father
or their support, when he is confined for a
crime against the public, and it is all right
enough. A claim for pay would be hooted
It, but claim ,f stakeholder for the SER
'ices of II Stare is another afflir altoge Their;
md "tho political department Of the govern
nent' will have to provide for it speedily, to
Keep the shareholders from going out Of the
Jnio
DEATH BY DRowNlSG.-We learn that in
on Saturday, Lorenzo Macomber,
gcd rs, and boy named Monty, aged ~
'cals, were drowned in Lamolle River.
They had gone out with another man, Moses
ill, in small scow to fish. Hill went to
lit the anchor, heavy stone, and the rope
reaking, he was thrown over into the wa
er. The shock upset the boat, and Mac
mbor and the boy were drowned Hill
lung to tho boat and WAS rescued by a man
aimed Washburn, living near by None
t them could swim The accident occurred
hou sight in the evening. The body of
laco nbcr WAS found about 5 o'clock next
morning; the body of Monty not till 5 P. NJ.
jury Of inquest was called by j. d. Gale,