Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-05-07

the very language Of Mansfield positive
law, which preserves its force long after de
%reason', occasion, and lime Itself, Jr0n whence
il 7v1s ersaied, ii erassd from he msmory."
Now the time, date, oil a written statute
cndures as long as the statute itself. and 90
often Of The rest. Lord Mansfield il evil
IDENTIFY describing Il usage or custom, which
insenstbly grows up in "a country, unmarked
and unregarded. until by and by, it is impos-
sible to tell precisely where, when, and how
il commenced.
Chief Justice Shaw, In the Med. case,
says Of lhis remark Of Lord Mansfield:
by positive iuiV, in this connection, may
be az well understood customary idw as the
enactmh 1t Of a statute; the word is used t.
designate rules established ty tqcit arg4iescence.
or by the legislative act of any State, and
which derive their force from such s~cquies-
conce or ~enactnents, and not because they
are the Dictates Of natural justice, and as such
OF universal obligation"
We have quoted the above remark Of Judge
Shaw, not only as reliable authority for our
assertion, but also as containing a concise
definition Of "positive law" Authority on
this point we do not neei, for every reader Of
law books knows the meaning and the only
wonder is how so ingenious a man az MIR.
Spooner ever fell into the gross error of
founding an essential portion Of his argument
on so plain n mistake. Positive law is the
term usually employed to distinguish the
rules, usages, and laws which are made 6y
man, from those which God has implanted
in our nature. 1t matters not Whether these
rules and laws are written or unwriiten,
whether they originate in custom or are ex-
pressly enacted by Legislatures. In a word,
positive means arbitrary, and is used as op.
posed to m0rah
Our limits will not permit quotations 10
show the use # Ibis word, neither are they
necessary; but any one who is curious on the
point, may find the word used in this sense
everywhere in law books, and especially,
Blackstone |. p. 20. ca; Christians Note to
Blackstone, p. So, and Doctor and Student
quoted there Selden On Fortescue, quoted al
the end Of Mr.. Spoonel's first chapter Tdy-
lur's Civil Law. p. 1882; Wooddesson. p. 46,
&C., &C.; Stephens Blackstone, vol. l., p,
81, 80, AZ, &C.; Bowler and Tomline's Law
Dictionaries; Ausiin's Jurisprudence; Ruth.
erforth, Wheaton, passim. &c., &c.
Such being the meaning of the word posi-
iiue. Mr.. Spooner's argument falls 10 tn
ground and we are authorized in ASSERTING
That custom and usage are not only a usua
but a iega! com msnctmtnt of Slavery an
that there is nothing in the language of Man
field opposed 10 this idea.
Nevertheless, the Colonies did take cal
TO point out and define by statute, very pre-
cisely who were 10 be slaves. We need nc
spread out the laws here. They will b
found in Stroud. and a part Of them In tn
notes to Mr.. SPooner's fourth chapter. The
enact:
lst. That all negroes. Indians, and mulai
toes, &C., shall be ~slaves-except those the
free.
Cd. That in every trial, it shall be pre-
sumpd that every negro and mulatto is a slav,
until he prUres the contrary. We hardly Sc,
how a more precise description or direction
could be given. The rules may BIZ short
but they speak with - irresistible clearness,'
leave no CASE unprOvided for, and sweep al
clean before them. All of 4 certain race arr
slaves, and in case oil any doubt, they are Il
be presumed slaves ill the contrary is prored
Surely there never can be any doubt OF hes
ilation in any Court how TO act under sucl
rules provided always a Court can be founC
base enough 10 act at al under such an &C
cursed system. Indeed the system of Slave
nv will never be successfully attacked by OBJ
i~cctions like these. In cold, calculating SyS
temaiic plan and foresight, the Shareholder
Of this, as of every other country, have al
ways been distinguished. The people hav
seldom regained their freedom by finding
loose Joint in the harness Of their tyrants; no
it has usually been necessary 10 trample al
NOR and armor-wearers together in the dusI
Mr.. Spooner says, 1.-THE fact that SLAYER
was tolerated in the Colonies, is no evidenc
; Of It's legality" This is true, IN his suppc
sition that custom is no legal or competer
source of system, a doctrine which lie tre'
; but in vain, To deduce from Lord Mansfield
5 language. Having shown the unsoundnes
2 of his view of the meaning Of positive law
the above assertion falls also 10 the grounC
federation or acquiesceEce is what Civ
I force, effect, and legal validity TO custom, e.
s ~pecially when such customs are recognize
by legislative action.
i 9Th. "Ths Declaration Of Independent
$ abolished it,"
In reply. we have only to say that Il
S Declaration had nothing 10 DO with Shaver.
Il That paper ''dissolved the political bands
= that bound the Colonies 10 England, an
that was all it did, or it was intended TO d
: No Court has ever held il 10 be the q fund
mental law " of he country. Onihe conir
v ry, it is simply a Stale paper, a political &C
g changing the form of government, and ha
v ing no relation to individual rights. We ca
e not better describe the legal character OF Il
o Declaration, that given to it by the Cour
v OF tho country, that in the words OF J.
ADMINISTRATION at Quincy, 1881, P. 90
u THE Declaration of Independence asse'
ed the rights and acknowledged the oblig
lions Of an independent nation.
5 made no change in The iaWs-none in the !
S iernal administration Of any one of the Co
fsdeTatts, other Than such as necessarily f
s lowed from the dissolution of the connect
with Great Britain. II left all municipal
gisIG'ion, all regulation OF individual RICH
and interests TO the people Of each ssPaTa
= colony. Each separate colony thus tran
q formed into a State Of the Union, wrong
for itself a Constitution OF Government"
9th. The Articles Of Confederation do n
9 Hsfsr to Slavery and the State CONSTITUTION
Of 1870 are eithel Inconsistent with the exls