The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1863-10-09

Laioriant Legal Cass--A very important
case came before the Mayor yesterday which
will probably get TO the Court Of Appeals
for final decision. A free negress named
Martha Hobson, for having visited Massa-
chusetts aud returned to Virginia, in viola.
give bond in $500 to leave the Common.
wealth within ten days, never to return
From this decision appeal was taken To the
Hastings Court, where the Mayors de
cision was substantially sustained, the Conrt
merely reducing the amount OF the bond to
600. The prisoner, when she went to Mac
sachusetts, was given passport by General
Winder, and, returning on flag OF truce
boat. was received by Commissioner Ouid.
Since the decision of the Hastings Court
prisoners husband has made efforts to set a
passport for her, she eonsenting To return t.
the North, where her children are at school
but has heen refused by the anthoiiiiea. -.
10 obey the orders Of the Court, therefore,
she must run the biockadea iest not easily
accomplished
John Howard. ESQ, the prisoners counsel,
took the ground that neither the Mayer nor
the Hastings Court had, or could have, any ju
risdiction over the matter; that by the Con
stitntion of the Coniedes ate States the eSclu
sire regulation of the foreign relations Of the
COnie,ieracy, and OF the several States there
OF, is delegated to the Confederate Govern
ment that Congress had recognized war as
existing between the United states. rs n
foreign nation, and the Confederate states.
which, by the law of nations, placed NIL the
inhabitants OF the ono country in stale OF
war with all the inhabitants OF The other, SO
rs to prevent all intercourse of every kind,
except by special permission of the Execu-
tive Government of either country; that
the regulation OF this intercourse between
the United States, or any component State
thereof, and the Confederate States, or any
component State thereof, was, under the
Confederate Constitution and the laws oi
Congress, exclusively Committed 10 the Ex-
ecntive Department Of the Confederate GOV
ernment; and there fore that the woman i'm
question having, by permission of the Con-
iederate authorities, visited the United
States and returned TO the Confederate
States, Of which Virginia forms part, she
is amcnable to no other authority.
The State of Virginia could not, by The
most solemn act of Assembly, legally, or in
cOnsistence with the Confederate Constit.l-
tion, suthOriZe any of its citizcns--not eeen
the GovernOr-to visit the United States
without the permission of the Confederate
Government; nor could il take away any
permission SO granted, nor infiet penalties
for accepting it, for the. simple reason that
che has expressly and exclusively delegated
that sphere OF jurisdiction to the Confeae-
rate OOterlmCuI, anu declared lis cOnStttu-
tional acts therein "the supreme law of the
land" Were it otherwise, any State in the
Confederacy might carry on trade or other
intercourse with khe United States, uotwitl,-
standing the pendcncy Of war between the
two COntcderacies, aud withstandiUg the
exclusive delegation to the Confederate GOV
ernment by the several States of the power
to declare and carry on war, and TO regulate
the foreign relations and intercourse Of the
country; and, on the other hand by iuilict.
ing penalties upon lis citizens for visiting
the United States might prevent the COnfcd-
crate Government, in the exercise Of its un-
doubted powers, from sending agents to the
United States OH missions OF public policy
and Importance in carrying on the war
Hence the Constitution has wisely reposed
exclusive jurisdiction in this matter in the
Confederate Government, and the party here
having acted under the authority and by the
permission and approval OF the Confederate
States Government, which is the Govern
ment OF Virginia as to her foreign relations
aud intercourse, ia not amenable to any other
jurisdiction in the premises.
The Mayor, not agreeing with Mr.. How
ard ia his opinion as TO the law governing
the rights OF the party involved, ordered her
to receive twenty stripts, aud declared bis
intention TO whip her ont of the Common
wealth, rs decided by the llustings Court :;
but deferred the execution of the sentence
till Monday, SO rs to enable the parties To
apply to Judge Meredith for a writ OF proii-
bition.