The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-30

20 the maa of the n cy me sae OF ne female ssys Sso
Ter Under these s pe ~ s aver
generally mild humane they suffered hardshlps
grester thsn hired scrvanis
Notwithstanding the Massachusetts, declaration or rights
m $780, slavery seems to have continued for years
IN that State The following brief report Of the case OF
Itteton VS. Tutilo is appended Judge Parsols opinion
In the case of Wimbledon VS.. Hatfield
This ~ ,a,most ,or ,rorev xserd, nv ,,s
pains Tor the support and maintenance Of jacob alias Ca
= negro a paaper Upon general issue pleaded
Ne following fac were proved 70 the Jury -ats hcr
named soipo wss repred negro slave when 40 vas
Wss the ~ sahaS e h en n nS.Sa Of
cs,s o,Sr named v,nis, sa nro ia M same reoued
conaion and the properly OF Joseph scipo aud
WAS born in Ltie,Jn Jsnasry IS 1913 and there a the
oneral OPINION slave TOE nrope ., be I'm rebr ,ry
no psr o. ms o,oer Tnie who retained him In
h service unl be was twenty old he being than
crppie unable labor the defendant delivered om 70
he the poor of leton anc leN him win them
refusing % MAKE s1y n M suernncs % & s
oSs ~, T onr stnne tha snss counsel
rem reoiyne aud The ef Justice charged The jury Is
OF tho Court that Cato being born In THE
country was free aud that the
sbie FOR his support er DC was twenty one years OF sse
thus appears that slavery ceased TO Massachu
setts by legislative action but by tho operation OF
judicial decision rendered IN 1896, by which consiruc
mon placed on certain provisions of her deolaraaon
Of rights which very different from the Interpretation
which similar provisions have received in other parts OF
the oonfederncv Tne clause referred TO is In these
words
All u.u are horn FREE and equal and have certain usiura
esseuual and nnaboes BE rights; among which be
The right enjoy lng aud defending their lives and u
beres and that Of aequng ana pro,ectng pro
"APpmess' -. -. -, ,,-.,
obvious also has tnls prov son on tue ueciaiaion
comforting the right to freedom ON the slave population;
Tor, Il suoh haa oeen sne "pnion senefely
would not have renamed imperative Tor sixteen years
Pennsylvania passed her lrst act Tor the removal OF
slavery ISL March, iIsoi New Jersey u 1854 oonnecu
cut lisa and New YORK IN t.eS put these Jaws were
very graduai ID ther opeIaloh r the census aoes us
ckse the iact tnat IN l'so tere were loS saves ID New
Hampshire and seventeen IN vermont and much larger
saVss n eqe sS % S EnraSa state eScep, Vermont
thus appears that each state has Claimed aud exer
asss hs m 20 own oSue re Without M or hndraDce
from line other states
AT The tune tho federal constitution was adopted the
whole number OF slaves in al the States north of Della
ware was 40 $40 OF whom three were found in
New York and New Jersey, and i was well known to
TO exist in all the Northern states.
At this date, the African slave trade existed in full
was tolerated whilst in others II was strictly prohibited
under heavy penalties.
When in pursuance Of the invitation given by Virginia
10 her sister States TO send delegates TO convention to
form more perfect union that body assembled, these
dverses in The installations and interests OF the Northern
and Southern States, which 1t was foreseen would tend
progressively TO increase, naturally attracted attention,
and we're the subject oil grave and anxious delberaton
The frs, form in which the slavery question presented
itself 10 the trainers Of the constitution, was in regard to
the relation OF the Save population to taxation and repre-
sen,aion This question was adjusted without much de
bate TO the satisfaction OF all parties in conformity with
the rule previously established in the Continental Congress
by compromise which stipulated that three hs of the
OF representation ana n the imposition OF direct taxes
The votes BY States on this proposition stood AyesMas
sachuses Connecticut, New York, Pennsy lvana, Mary
land virginia North Carolina, South Carolina Georgia
g. Nays-New Jersey and Delaware-2-Elliotts De.
bates, vol !, p. 2o3.
The next aspect in which the subject in regard
to the suppression Of the African slave and hero
again the subject of difference settled in spirit
of Cancellation and mutual concession.
The proposition originally reported to the Convention
IN these words
The migration or importation of such persons as the several
gtatas ehn ADM Shaf
prohibited the eg,ure prior year 1870 but tax or
DUTY may &c IMPOSED on such nsrnon or uportaon rate
no eheeeng 'ne o. se duties levied on imports (E
W. g., p"se So -
on the L2,n OF august Llsi, was moge(
70 anena inc iepor' w suNihs Oh. ne wofd
the year eIeh'een hundred ana inserting Tn
woras inc year elgn.eeR nuno H. mu elgn %hle
chuseas Connectcnt Maryland, North carolina, Souti
tAonnh auu ueorga-i nass-Se" Jersey, IehEsyl
olA a.u 10. VOC % .lg ques.ol dls y appears INA
New hampshire, Aassachseits ald Connecticut voed
pooag the period during ~hch Tue save trade shoui d.
showed
On tho question agree the FIRST part OF the rcpor
as amendea viz: The migration or IMPORTATION Of inci
persons rs the several states now existing shall tnl
proper to admit shall rot prohibited by the Iegisla
lure prior the year ls0S, passed in III, affirmative
Ycas-Ncw Harpshire hIassachusc,ls Connecticut NJ,
ryIand North Carolina South Carolina and (;corria-T
nay s-Nc Jersey, Pennsylvania Delaware and Virgni
4 Fqio,t's Deb vol I u sa5 q 80"
Tho course Of Virginia on this subject il is we'll known
dictated by no friendly feeling to the African slav
asa e ee as Mas % aer o %s cary
federal convention refused 10 give hs sanction 10 IN
constitution annOrp other r,,eorg bacluse II r,iIcd 4
MACE mn immediate inter,jet ON tho .fri..n iraia ~
~ - - -. 60. =. - -, - ~ -. -,
ny 1iu NV ht9t w =. "a nHO" e 'tIC' OF st'eF,
was consilereu ny tie Convention was IN reerenr3 q
the surrender Of fugitive slaves The provision hi
sGbcc, up for consideration the 18th August
1877 It was in thesc words--"If any person be bona
90 en,rico ~ ,,n,r -, ,,,, ~ ~ t,ito So, a. III -,
- ~ 49, VI 80 ~! - "a 10y > 'u' si,'
escape INTO hnotueE Sts'c nc OF slt suAl mol DC fE
charged rom such scr,e or labor IN consequence o
regulation subsising The state - which thew shll
escape but sball hs ieverod 10 10 lie person ilsty
cia;r;,,,,r ,i,a- Co. -, 80. - 80 ~ " 49, " '''
0ia a, 81 ~ W, I'vV'' 49,.
ine PlopIbty ana JlsLcn % u''S PROVISION were 80
obvious that was ADOPTED by the unlniloi Is vote tue
convention. elliott ; Debates vol |, Gg
Your orittoc have thus reviewed tho history of an
tbc nv,ysnre o No c-r,t,,,to, a, the r-cod sets
.h;ci ba-o 4, .t,r1ct ,,a,,, ~, a., s,t',o, 80 s,N
nilo. uS,S .!.-et o'i4e VI ~. 1890 VI 81.
anu II VIII DC SCI eHt On e'eIs pu-' icy are "a tnc
most DISTINCT aud I'M operative character lhv! are IN tne
nature Of formal covenants rDcsN covenants constituted
the consideration fr hh Tho Southern states agreed tr
make concessions their part intended FOR tho paoh,
good Without thcEc covenants tue para oi the NortA