Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-10-23
EedeTal Eolisy IN LouisialH.
From the New Orleans Era
SLAVERY QUESTI0E " LOUISIANA JUDI
CLALLY Y~EEfILETED.

CtALLE
The faIlowiRz is the decision of his Homer
Jades Atscha, touching the rights Of the owner.
Of slave property in that ROrEion Of Lguisisua
EXEMPTED By The Presidsnt's proclamation TIE
CssTt fully reviews The question about which SO
mseh hes bseE sai5 and written, and arrives 81
e5nclssions which VIII stsud the test Of contro
veTsys and ssEst satisfy every body. 'Hte case
YVES Inst iR which 3 LeETh WoTaaH had left hsl
master, Ar. Solsm1s. teEi1r her ere children
with Ter, t-O Of whom she a-sT sr3s returned
e. her loTmsT master, reclaimed tho two cbiI.
dron, aad on being refused their custody, com
FlsiHed 70 tre ProT15t court, TbG following is
tae Judges decision:
desire to travel = little out Of the record Of
this case for the purpose of sUdaavorjug to Ger.
rect su erroneous impression which seems 60
prevail il tsis community, that tho Judge who
presided over tkis cgurt WIa8 this case esBa W
IL 8 different feFn, decided that the Eroclama-
aOu 0f-the President continued in force ths laws
f the Sts.e Of Louisiana IN reference 20 slavery.
l cannot see upoa what ground, no matter how
slight, aRy such decision can lie founded. I
have sgaia carefully read both the ~prcclsna-
tens of the President, tfsEgh had already
done - ct the time Of their publication, and I
cannot Gnd That eithsr Of them asserts enytbiug
which, in ihe most rsmet degree, conl3 be con
strusd as re-estabishing or acknowledging the
existence or the force of the laws Of the Safe
Of Louisiana in reference 20 slavery. In the first
proclamation the PIegidenteivsg notice Kat. on
the lst cay OF January, 1858, he will issue gnsthor
proclamation declaring free 81 persons held aa
slaves il States IL rsbellioz against The Gov
cramsnt or Wbe are held rs slaves bv Barsons
who sre enemies of the Government Ia thst
proclamation be quotes ths acts of Congress 40
solately prohibiting any o6iesr Of the Govern
msnt from doIsg anything to return 20 seryitHds
-nw IN -B- - 49,. 7LE q r Ar
mstjoa issued subsequently, he gays not one
word in reference to tha avs Of any Stale, but
declares free The slaves in certain States Asmsd,
uP0R the ground that they were ia open rebel
hoR against the Government. The snly way in
which any part Of tie Stata Of Louisisne
comes into question in this proclamahsn
is, in that paragraph where he simply usas
the expression 'eIcept the parishes and then goes
on 20 enUaleTass them. The PToelsmatons OF the
President, therefore, declare nothing in reference
70 tie status or tha relations Of the pcople hat
heretofore have been held ia ssrvituie, 20 these
VIE so held iksm SO far ss the exempted per-
tons Of States, enl lssves them isst as they sx-
isied under TIE military authorities, and the
authority OF the Government as tho time Of the
issums ct the second proclamation. There
c3Uld, Therefore, be 20 foundation for any such
decision, and 1t lie The duty Of tho court t. state
tact sucH 8 decision cannot be sustained st this
bma. The relative positions Of master and
slaVe-io usa tine conner expression-sro these
as L understand Them The laws IF CONGRESS,
and sac orders of TIRE Presidrn issued ss C1sl-
niancefin-cHief OF the armies Of the Uuiied
Saies, do Hot take away rom the ntster
sny right which be may have. or which be
na-y b~erestter succeed In establishing. but
hey DO take sway rom him any power Of
sntcrehg that right. As 20 the slave, they rec
egnzs ia him the right 70 sbandon his maslsg,
saa torbia his heisg deprived Of tlst right.
Inst Is the distinction between the two. One
has he right without the power OF enforcing it,
snd the otker tho right enforced. Il gems to
ne court, therefore, simply sbsErd 70 ssy that
ths laws Of any State where slsvey existed 81
he commencement Of this rebellion are IN force
With these views, in considering a case Ike the
present enc, the magistrate who is called upon
% decide betweeR the par6el, must BE- guided
by the common principles Of justice, aBd st the
time give their fail measure Of weight e.
ire natural relations. Ii is we'll understood
throughout al civilized COMMITTEES, shat the pa
rents sfe the natursl oEHtodisns md guardians of
the children, but6t the same fime exceptions arc
where parents arc not ia a eouditioa to
s1s'ain children aAd properly bring then 40, or
WHERE, If the children are allowed t. rsm2in in
their custody, there is danger Of their mora
Bsing Gf scted. In his usso, TIE facts
before ne are that this woman was f3rmafiy
held ~ seTTitede BY Mr Solomon and thai sac
and her FIVE children all lived ia his house.
Wien an opp rtsnity 10 offered her, she chooses
to seek oas Of her syza, ssd takes a portion Of
ehi!dyea with her; subsequently che be-
ostnes possessed Of them al Afterwards two
OF tham, 90 far as csn be seen by the evidence
beleIe The court, with their own eoH-
sent aad hers, were returned 70 M. solemoa's
nogse. Tkere i no eviaeaes presented 70 tke
court 70 show thatthi woman Is q womaao Of bad
character; her reputation has rot been ssssfe3 /
win proper evidence. but a. the same tima il is
ne duty OF the cOur. 10 30 a little further than &