Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-05-19

however. why it is, that after tue bargain is bro
ken not simply on one side, but on all sides, we
hear so much about the obligations of the Consti.
tuition, and the sacredness Of the Union. Practi-
caly, neither are recognised why then pretend to
the contrary
IMPORTANT JUDICIAL DEOISIoN-A SOUTH.
E2N JUDGE INITIATING TIE QUIB-
BLES OF NORTHERN JUDGES
AND THE TECHNICALITIES
OF NORTHERN GOVERNORS.
M statesman ever uttered a more solemn aud
important warning to his countrymen than did
Daniel Webster, when he assured them that a
bargain broken on one side was broken on all
Sides and the events Of every day re-echo the
warning in the ears Of the people. The continued
encroachmens Of the North upon tho constitution
al rights of tho South and tie loose construc-
tions given by Northern judges to the provisions
of Law and their evasions Of constitutional pro-
visions, as well as the neglect on the part of Gov
ernors of their painest duties, on the most fimsy
criminal and technical excuses, has had its inau-
ence, not only upon Southern citizens, and Legis.
latures, but is becoming to be felt by Southern
Judges and unless change soon takes place in
the conduct Of th9 North, every tie that binds the
Northern and Southern people together-every
bond made secure by constitutional and congress
until all the original concessions will be disregard
ed, and all the landmarks to a constitutional con-
federacy will be obliterated.
There can be no question that the open and un-
disguised violations of the Fugitive Slave Law and
the almost wholesale stealing Of Southern slaves
by Northern disunionists, has had its influence
upon the South in favor Of reo?eniug the slave
trade and, as the criminals who violate the fugi
tive slave law, when brought before Northern
courts, are allowed TO escape punishment by tech
nicaities or loose and vague and illegal interpre
tations Of the law, so in the SOUTH Judges are be-
ginning 70 hunt up expedients for changing the
intention o. the lawmakers, and falling back upon
farfetched nerences, in order to allow parties
gagged in the slNve trade to escape that justice
which the Trainers of our government intended
should be me!ed out to crimes SO henious.
A case of this kind has recently occurred in
South Carolina, where the master of the famous
yatch WaRderer, was arraigned for piracy, on
charge of having been engaged in tie slave trade.
The Judge decided that the present law against
the slave trade does not meet the present case.
lie says, sit docs not in its title, nor in any part
Of the act, either by way Of modification, amend
men or repeal, rOfer to the previously existing
slave trade Lawson to the slave trade as the object
for which its provisions were intended. In every
other net passed Cor the suppression Of the slave
trade, the purpose is plainly declared in the title
and every section of such act'
1t seems to us that Judge McGrnth has entirely
misapprehended the provisions Of the law, as we'll
as the intention Of Congress but We give the fol-
lowing extract from his decision, that all may
judge of its force and application. On this sub
ject be says:
"The whole scope of the act of l820 in regard
to the 4th aud 9th sections. is not perceived unless
the 3r section Of the same act is also considered.
The 3rd, 4ih, and 5h sections embrace all the ca
ses in which robbery may be committed, and
whether that robbery relates to the rights of prop
erty and the rights of persons. As in the 3rd
section, whatever may be the subject of tie prop
erty, if stolen, is declared piracy for which, up
on conviction, the offender shall suffer death; so in
the 4.h and 5th sectiJns the right of personal
freedom is protected, and he who violates it by
force or fraud, in whatever stage of the transac
tOn he is detected. is pirate and upon convic-
ton ho will suffer death.
"Such crimes are piracies, because robberies
Robberics, because by force, fraud, or indirect pi
racies, they deprive the negro or mulatto Of his
right to freedom. That right to freedom being a
presumption upon which the court is to act, when
the servitude recognized by the Constitution and
laws of the United States are not to exist in the
particular case. But if that presumption is re-
PEELED by proof of antecedent setytade, then the
intent TO make a slave or rob him of his righ. to
freedom, cannot be sustained, for he canno. be
robbed Of that which he did not possess. And
the possession of the negro or mulatto under such
circumstances would be violation according to
the circumstances of some of the laws passed for
tho suppression of the slave trade, but it is not
piracy nor a violation of the act of 1920"
After the delivery of the opinion, Mr. jackson
made motion for the discharge of Corrie, as the
Government had in possession the original re,
ceipts for the money with which he had bought
the negroes, and was unable to sustain the prose.
cutiOn under the ruling of the Judge.
If this novel opinion is sanctioned it will be
utterly impossible tc secure conviction for pira.
cy against any person engaged in the foreign slave
trade and the doors will bs thrown wide open for
its further prosecution, inasmuch as the negroes
are generally obtained from traders in Africa, by
purchase, and it will be impossible to produce
proof that they are forcibly seised and decoyed in
that distant country.
Mr.. Conner, on being asked by the court what
course he intended to pursue. stated that be would
await instructions from tie Attorney General at
Washington, after apprising him Of all the facts in
the case,