Year: 1863

The recent decision in q slave case ut
st. Louis is so important that it is worth
while to understand it fully, and the prin-
ciples involved in it. Benjamin Williams,
negro, was brought before the st. Louis
criminal court to be tried for grand lar
ceny and convicted. The law of Missouri
Furnishes slave guilty of this crime by
whipping, not to exceed thirty-nine stripes,
while the free man is punished by lmprls-
onment from two to seven years. 1t was
therefore necessary for the Judge to deter
mine the status of the culprit before pro-
nouncing sentence. Evidence was brought
showing that Williams, whose real name is
Douglas, was three months ago the slave
of Major Thrailhill of the rebel army.
The counsel for the prisoner, who pre-
ferred stripes to Imprisonment, argued
that he was not a free man because the
presidents proclamation is unconstitu-
tional and void. The whole case turned
ON that point. Judge Glover gave an
elaborate decision, quoting largely from
the legal authorities. He reached this
conclusion:


"From the best Judgment which / can
bestow upon the question, [ am OF opinion,
and so declare, that the prisoner Is q free
man, free by virtue of the proclamation,
and that being once free man he is for
ever free man, for know OF no power
or law by which q man being once eman-
cipated can. be again mancipated. On the
1st day of January of the present year OF
grace, the prisoner, then q slave, became
rehabilitated with freedom, and though he
has again lost that freedom, it is only
temporarily; though again placed in serv-
itude for period of his life, it is only that
servitude affixed to penalty for crime,
and which has been recognized III all ages
and countries under the Mosaic as under
the Christian dispensation.


1t has been objected to the proclamation
that it would amount to little practically,
because as soon as the war ends the south
ern state courts will declare the proclama-
ton null and void and so reduce the freed
negroes to slavery. again. If Judge Clio
ver's decision is in accordance with the
established principles of law, there can be
little room to fear any re-establshment OF
slavery by judicial process. If the procla-
nation is valid for the time being its legal
consequences must be permanent and nm.
changeable, and once free the slaves will
be always free. With regard to the law
of nations applicable to the case, Judge
Glover quotes the following passage from
yattel. which is sIMite as applicable to civil
wag as 10 fore1yn VIII:


"It has been observed that We may be
obliged, if not externally. in conscience
and by the laws of equity, to restore to Q
third party the booty We have recovered
out of the hands of an enemy, who had
taken it from him in an unjust war. The
obligation is more certain and more extern
sive with regard to a people whom our
enemy had unjustly oppressed; for peo-
pie thus spoiled of their liberty never re-
nrounce hehope of recovering it. If they
have not voluntarily Incorporated them
selves with the state by which they have
been subdued; if they have not freely
aided her in the war against us, we GER
| tainly ought to use our victory as not
| merely to give them new master, but to
break their chains To deliver an op-
pressed people is noble fruit of victory:
it is valuable advantage gained, thus to
acquire faithful friend"