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shipped by a man named Lewis, of New Bedford, Massachusetts, and sold
as a slave in New Orleans. After passing through several hands, and
being flogged nearly to death, he made his escape, and five days ago,
(March 5,) returned to his friends in Philadelphia.
From the "Baltimore Sun," Dec. 23, 1838.
"FREE NEGROES--Merry Ewall, a FREE NEGRO, from Virginia, was committed
to jail, at Snow Hill, Md. last week, for remaining in the State
longer than is allowed by the law of 1831. The fine in his case
amounts to $225. Capril Purnell, a negro from Delaware, is now in jail
in the same place, for a violation of the same act. His fine amounts
to FOUR THOUSAND DOLLARS, and he WILL BE SOLD IN A SHORT TIME."
The following is the decision of the Supreme Court, of Louisiana, in
the case of Gomez _vs_. Bonneval, Martin's La. Reports, 656, and
Wheeler's "Law of Slavery," p. 380-1.
_Marginal remark of the Compiler.--"A slave does not become free on
his being illegally imported into the state."_
"_Per Cur. Derbigny_, J. The petitioner is a negro in actual state of
slavery; he claims his freedom, and is bound to prove it. In his
attempt, however, to show that he was free before he was introduced
into this country, he has failed, so that his claim rests entirely on
the laws prohibiting the introduction of slaves in the United States.
That the plaintiff was imported since that prohibition does exist is a
fact sufficiently established by the evidence. What right he has
acquired under the laws forbidding such importation is the only
question which we have to examine. Formerly, while the act dividing
Louisiana into two territories was in force in this country, slaves
introduced here in contravention to it, were freed by operation of
law; but that act was merged in the legislative provisions which were
subsequently enacted on the subject of importation of slaves into the
United States generally. Under the now existing laws, the individuals
thus imported acquire _no personal right_, they are mere passive
beings, who are disposed of _according to the will_ of the different
state legislatures. In this country they are to _remain slaves_, and
TO BE SOLD FOR THE BENEFIT OF THE STATE. The plaintiff, therefore, has
nothing to claim as a freeman; and as to a mere change of master,
should such be his wish, _he cannot be listened to in a court of
justice_."
Extract from a speech of Mr. Thomson of Penn. in Congress, March 1,
1826, on the pr
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