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“y I! am of opinion that a sea once connected lo the waters of Hudson’s Bay with the a-J Gulf of Mexico, in the period of the second geological formation, dividing the Alleghanies from the Rocky Mountains and the western Hemisphere into two great continents or perhaps into three, separating the Andes from both. l8 Yours, .c.NEGRO CASE.In our last number we gave a brief report of the case of Ralph, a colored man vs. Montgomery. Below will be found the Opinion of the Supreme Court, as delivered by the Hon. Chief Justice Mason. This decision will doubtless secure the approbation of all who profess to be fi the friends of humanity and law through-’n!out the Country, and obtain for the Judi-g j ciary of the infant Territory of Iowa a _g! name abroad, which could not, under oth-a|er circumstances, have been gained. r I This case comes before us in rather a | singular attitude, so that perhaps it is not i strictly regular for us to entertain jurisdic-cj tion of it at all. As, however, it is an im-)e ! portant question, and may ere long be an )e exciting one, and as it is by the mutual ie J assent and request of all the parties interested, we concluded to listen to the argu-3r ment, and make a decision in this case, y without considering it a precedent as to id the future practice of this court.)e ! The colored man who was claimed as t ! a slave before the justice ot the peace, as-‘ I serts that he is free. If this be actually i the case, the writ of habeas corpus was | properly brought, ;:s being the only means nt by which the judge of the district court, re in cases like this, could exercise a reme-; dial control over the illegal acts of justi-y* ces of the peace. The proceedings hav--n, ing been transferred lo this court, it will vo [ perhaps be proper for us to make such a j_ j disposition of the matter as might have its|been made by the district judge, or j such as we have might make were the pe-lls ! titioner present in coitrt.M j The claimant asks that the petitioner x- i he restored to him as a slav^, and princi-c. j pally for the following reasons: in thellt;e I first place, that by the act of Congress of i 1820, which authorized the people of Mis-tS j souri Territory to form a constitution and lie j state government, and which prohibited th i slavery in all that portion of the old Lou-)r_ isiana Territory lying north of thirty-I six degrees and thirty minutes of north latitude, not included within the then con-•d»' templated state, it is provided that any an person escaping into the territory thus set nt apart, from whom labor or service islaw-j fully claimed in any state or Territory of the United States, such person may law-this Territory—that the act of :0 . . mentioned is a mere naked dcc*h requiring further-legislation tie '• operative—that it faerely impose upon the states and territr •■lt; -ed within the prescribed limb.- ' -?'+ without further action on the cr.;. law has no sanction, and con.- nt . xtr force. This position we think c-rmot : e maintained. Congress possesses preme power of legislation ih‘relation to the Territories, and its right to prohibit slavery, at least in relation to slaves subsequently introduced-—is doubtless legitimate. Has this right been exercised in relation to the Territory? The language of the act of 1820, in relation to the district of country embracing this Territory, is, that slavery therein “shall be and is hereby forever prohibited.” This seems to us to be an entire and final prohibition —not looking to future legislative action to render it effectual.But it is said that although the act may prohibit slavery, still it does not declare a forfeiture of slave property, and that the most which the law will authorise is that the master may be required to remove his properly out of the Territory. It is true that the act just mentioned does not in express terms declare a forfeiture of slave property; but it declares in effect that such property shall not exist.The master who subsequently to that act should permit his slave to become a resident here, cannot afterwards exercice any acts of ownership over him within this. Territory. The law does not take away his property, but declares it no longer to be property at all. Of course those legal remedies which can only be resorted to upon the presumption of a still subsisting ownership to the master, become altogether annihilated.A wide difference exists between this case and that supposed of an act of Congress prohibiting private banking. In the latter case the property invested in that traffic in violation of the law, would certainly not become forfeited. But suppose that instead of declaring that property should not be invested in private banks within this Territory, the act had declared that capital so invested should forthwith cease to be the subject of property at all, could the former owner, after such investment, invoke the aid of our laws to restore him what had once been his, but which was now like the air, rendered incapable of being appropriated by any one? Such is precisely the state of things inti;-' case now before us. Property in the slave cannot exist without the existence of slavery. The prohibition in the latter annihilates the former. Property in the slave being altogether destroyed, he becomes free.Could the claimant in this case retain the custody and control of the petitionermu uiiueu oiaies. uca person may law- I . , . - , . , . , c , ,«iTully be reclaimed and conveyed to the ! withont invoking fte lt;ud of oor laws, and 1-e; person claiming his said labor or services, j thelr v.olauon, we certa.nly. I, , . °. - li.i should not interfere to prevent him. Butrh Under this provision we are asked to de- , , ,. . 1 . , r3V | cide that the petitioner is a fugitive slave, when ^ applies to our tribunal^ forjhe ’ because, although the master consented . PmP0SC ^ ie atniI*£ ? lT’v1’uV ns: that he should come to this Territory, andou: :l’VS ‘iave declared shall not be proper-because.that llO SllWMiU VVUtV 1»V X ViiibWI % . T.llk* I | , 1 1 1 T ' 1 *(for aught that appears) remain here for | «y « ^ proper that they should refuse the,r its ; four or five years! still ii u as upon the ex-! eo-operatton. W hen m tins manner he it-1 press condition that he should at some fu-! !l!c8a l-v, re.f.rams a h“™en bemg of j ture time pay to his former master Uie | his li frty. it ts proper that the la,v,,vh,ch ! sum of live hundred dollars, with interest is !oul? “““I efiua’.Prolee*‘on ° rae,n 0j 11,1 j -that not having complied with this agree-! f a.nd, shou]d. afedie- ment, he is lo be regarded as being here! ‘hew remedtal interpostuon. Welhmk, be : without permission, and cottaequentlv as Aorefore, that the petitioner should be. dts-,w : having escaped into the Territory. Such I charSed .fr0™ M reswatm. a construction would introduce almost tin- iand Pe”,ued “ ?.° frca vh e he of: qualified slavery into all the free states. [ullder ^ e proiectton of our iatys. n» The constitution of the United States con-I tains a provision in relation to fugitive es , slaves substantially the same as that con-ise i tained in the act of Congress above refer-, red to. so that in this respect all the free {tians in their lawsuits.1 * | states in the Union are in the same pre-l It may not be generally known respecting persons in the receipt of pensions, that if they be convicted of felony, the pension becomes forfeitedA Spanish proverb says, that the Jews ruin themselves at their passovers, the Moors at their marriages, and the Chr.s-!nt j dicament with this Territory. Suppose, iv-! then, the master should make an agree-vv.; ment with the slave to proceed to a free | state and remain forever the slave (or if you please- the obedient servant) of some 1C' j particular individual, his heirs or assigns: is j While he fulfils'liis agreement he is a ms ' slave to his new master, and as soon as he ch; violates it he becomes again a slave to his old one, who may forthwith reclaim him. We cannot countenance such a doctrine.From the facts agreed upon in this case, it seems that the claimant consented that his slave should come to this Territory. The permission seems to be absolute, but there was an understanding that the latter was to pay a certain amount to the former as the price of his liberty. How the failure to comply with this understanding could render a journey undertaken with his master’s consent an escape, we are unable to comprehend. The petitioner is under the same obligation to fulfil his engagement as though, instead of purchasing his own freedom he had become indebted to his former master for the purchase of any other species of property. It is at most only a debt, for the non-payment of which no man in this Territory can he reduced to slavery,We are far from declaring there can be no escape in cases where a slave g a free state with the consent of his master. He may be sent upon an errand with directions to return immediately — He may travel in company with his master or with others. Under such circura stances, his refusal to return might probacy j bly be regarded as an escape. But this certainly cannot be the case where the journey was undertaken with the understanding by all parties, that the slave was going to become a permanent resident of the free state or territory., But it is contended on the part of the ey. claimant that slavery is not prohibited inrillMademoiselle Rachel, the celebrated French actress, who has come up from a street ballad girl, is to be wedded to the Duke D’Ossuna, and becomes a Castilian Duchess, with a fortune of many millions. Hero is a romance in reality for you.Buffalo harbor, 13th ult. was 30 inches lower than it had been in three years, so that heavily freighted vessels could not come to the wharf. The cause is supposed to have been a strong North East wind, blowing the water up the lake.No less than twenty lives were lost, on hoard the John Bull steamer, on the St. Lawrence, in consequence of jumping overboard as soon as she caught fire.A destructive tornado passed through Cassewago township, Pa., on the 27th ult., tearing up large trees, and razing several houses to their foundations.A drunkard fell across the railroad track in Philadelphia on Tuesday, just before the passage of a train of cars, and had his head completely severed from his body.“I don’t know where that boy got his temper; he did not take it from me”— “Why, no, my dear, I don’t perceive that you have lost any!” was the affectionate reply of the sposo.The scarlet fever is raging extensively on { ape Cod. A letter from Barnstable dated on Friday, mentions that a whole' family of five children, spending the summer there were down with it, some of them dangerously ill.A Liverpool paper says that an onion applied to the part affected by the sting of an insect, will Invariably give relief. This important but simple remedy should be generally kno wn.A poor woman died of hunger a few days since at; I hiladelphia, leaving five children, who, with herself had been deserted by a drunken husband.
Newspaper Details
Burlington Iowa Patriot
Burlington, Iowa, US
Mon, Jul 08, 1839
Page 1
Full Page
Clipped by
Ricki K.
IA, USA 27 Feb 2025
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