The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-12-16
THE EXAMINER;
,se Law Of $3.50. upon she
tIpd'e~.. a,,., and the Pebble snseresI.
~ THOMAS +. MARSHALL.

-. moved, | think. that the govern
- Kentucky had full power to enact
asI' Of 1888, aud upon the subject Of
70. 'a within her limits is absolutely SOW
SEW e,cept IN the cases expressly pro
' 'is.s.i BY he State Constitution. In de
G Io the policy Of that law at the time
lI'G :. oassage. and in maintaining that the
ar rs continuance are far stronger
i'as', ,b.n lor lis establishment, shall not
5 - the abstract question of slavery. =
U.s. wbo choose TO search for its founda
-, .' among the original ami natural rights
'' ~ ,' an. NAV do 50. | take slavery as ] find
nos;rive institution. recognised by the
,o.iImtion Of my country. The right Of
=. master 10 such persons as were slaves,
=, tbe Commonwealth at the time oil the
.Ian,ioo of that constitution, by the laws
'Eaa n force. and to such persons as the
I ',. since have permitted TO be introduced
;n,o he country, being slaves by the laws
- other States. and being Of the same de-
Linton with persons held in bondage here,
], a. complete and entirely protected by law
iOm the power of the government as any
other right Of property whatever and this,
gbsrber The legislation be present or pros
n.r,iye whether it relate to slaves in exist
rnce at the passage Of the law, or grasp at
furs and unborn generations. The doc
rripe of the emancipating power OF the gov
~nmso, over the "pOst1lati" | have ever
denied. The reasoning which seeks to
distinguish between the constitutional right
# he master over his slave in existence,
and over the unborn issue OF the females,
b,s no foundation either in law or nature.
The law of seryimde is express; 1t places
ne descendants Of the females, without
limitation. upon the same footing with the
ancestors. The issue follows the condition
Of the parent, "PariHs seqGit'lr rentTem.
his nc answer TO say that person not in
being cannot be a slave. Il is just as true
ma, person not in being cannot be free.
The unborn can neither be the subject Of
he law Of servitude or the statute Of eman-
sipa.ion. Neither can attach tlll birth, and
.nen the constitution takes precedence.
By the Constitution of kentucky. the
Legislature cannot pass law emancipating
The issue of female slaves born thereafter,
in any other manner than they can slaves
then in exstence-ihey are upon the same
iOO.ing, and the rights of the master are
equally protected in both cases. But al
though the constitution recognised the ex-
sting laws, and shielded the rights Of the
master, il very clearly does not embrace the
principles or the policy advocated by Mr..
Wickllfe. Under thst gen.leman's reason
Ing and definitions, the instrument itself
may be considered as an abolition docu-
ment. But what is an sbOliIionisl!" asks
Mr. Wicklitfe, p. l7-"One who intends
to abolish slavery by ali immediate or a
slow process-by direct attack upon the
tenure OF slavery, or by an indirect mode. T"
That the constitution contemplated the ex.
uncuOn Of negro slavery as possible event
IS obvious. from the language employed in
tie article heretofore quoted. Ii declares
IhsI the night Of emigrants TO bring slaves
with them into this State shall only conlin.
Oe 80 long as any persons Of the same age
OF description shall be continued ia slarery
By he laES Of this State" And it leaves
Il ID the power OF the Legislature TO bring
about the event here alluded to, by confer.
ing the power TO emancipate slaves, with
the consent OF the owners, or by paying a
foil equivalent, and to prevent their impor
ishon by emgrants as merchandise, and
leaving the power TO prohibit their importa
ton by oil other persons for any purpose
untouched. The trainers Of the constitu
ton would be astounded, one would suppose
al the doctrines Of Mr.. w. s pamphlet.
The policy Of the law Of 1888 was es
Peclally aimed at the traffic in slaves, anc
The introduction of them as merchandis,
IRON other States.
The lava Of 1874 and 1915 prohibi;in,
ther introduction as merchandise only, bu
leaving the right in the citizens to impor
ioI teelr own use, had failed in the efiec
winch they were intended to produce. -
ihey prohibited, to be sure, the introduc
lon oil slaves with the intent to sell, or 70
me purposes Of merchandise, within tn
Commonwealth, but they established n
'esi by which the intent was to be ascertain
sCi and they did not and could not prohibi
NE sale oil slave once brought in. Tn
CIlme dld not consist in selling a mans ow
saves alter they were imported. His M
cesSltes, MS debts, his convenience, a tho.
Aand things might induce the sale, an
ABOVE all, the right to dispose OF his ow
property within the country could not
reached or questioned. Ii was the inter
WIN which they were introduced, to which
Sao 70 which alone, the penalty attschet
h,HsssIIyoOdy knows that between 1915 an
1000 nothing was more common than
s'e whole droves Of human beings drive
u cnalns, like wild beasts, along the big
ways Slaves were driven into the Con
.nOnwealth, and hired out for long terms,
some Instances, for 80 years, in evasion
'as laws. Feeling that the past legislatit
' gas entirely inefficient, the Legislature
oos struck at the root Of the evil, by pr
nOlIlng all importation. except in the c
GO authorised BY the constitution, and sor
oaet cases in favor Of citizens, as to slav
'Ieady within the Commonwealth, a
oners heretofore noticed. As farther a
LARGELY less important object, the law "
Iesshed TO prevent the increase of this 81
S''s OIL property. by the introduction of
desperate, and vicious, and outcast port
" MS outcast race from Maryland, Virg
~ and the Carolinas. At the time of
passsge Of this law, the sect nov kno,
y he title Of "Aboliionists" had not m.
Heu appearance And as I ,,,o. $500