The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-09-09

enu hicndly Comma.
Hence il follows, that the irst and n,;, .-1a''s
Of Thurman lawsis. to maintain and r.gnls,y'As
absolute rights Of individuals" Val 1aa
Again $50 great moreover is theresa -
law Tor private property, that il win n, as
me the least violation Of il; no. ma, A.'aa'-
gensralgOod Of the whole eommupi,v -, o' lie
i55. These will serve as specimen. AZ W l.
iaiions made from Blackstone. Bu, - ta'-
can have any bearing on the subise, AZ :, ''s'
IS strange indeed. Can AZ. French ''y
appear that Blackstone included .l,v. N' a
in 'the absolute rights of mani' Tb.'-P''g
be IL remembetsa. ''wsTe vested bv N. s"a'
table laws Of natuIe." And do IN, -. 'a-
ture vest in one man the right 10 hold . IA
man In bondage And IL so, a. h. ' -''''as'
issHHfa6is, is slavery to be perD-,u.,.I. "s
end of The world These eOneIu.,oO. NE
he avoided # the right to hold slave. !. ,--Ao'
the absolute rights Of man. But il i.n,,
indeed there is in the common law no 'A'
ton Of property in slaves. Slavsrv a, ga
cases the result Of statutory regulation, -.
the Creature Of lOeal-not general lao -
when established by legislative snae,m.,, AA'
must Of necessity be departure from a..
principles Of universal law Mr. F,.n.L
tainly draws differences with a y,.., - w
recklesshess- He strikingly exemDl;s.-%
logieians and lawyers call aon,,sqaat., ia
is the substance Of his reasoning au.,
absolute rights vested in him BY the ,u,.,.---
laws Of nature" cit is the first and -.
end of human laws TO maintain and -.
these absolute rights." Therefore .,v.b.l,.
have the right to take their slave. i'm.
Territory belonging to the UnitsdSt n.
looks little like the sum: "If Tires bu,b.l. :,
wheat cost two dollars how far IS il tao
til" What connection is there betw.., :.
premises and conclusion II there b, AM, -.
strangely invisible.
But, Messns. Editors, Blackstone beng an a.
thor whom very much admire, when I =
Mr. FrenSsfs speech, ! determined 10 eon.p,,e.
! pages Of the learned Judge, knowing that D.
had written anything in favor Of slavery h,
altogether escaped my recollection. Ituu-s
Vol. 1, p. ABB, and YOU viii permit me to u,..
an extract OF some length. He says, 'as I'M.
several sorts Of servants; have formefly al
servei that pure and proper slavery does NJ
nay, cannot subsist IN England; such inca
whereby an absolute and unlimited pou.7
: gwen 10 the master over the life and forum. Z
he slave. And indeed II IS Iepugnsnt 70 IeaS-
and the princ pies of natural law, that sBes
{ state should subsist anywhere. The three OIL
; gins Of the night OF slavery, assigned By JUST.
. ian are all OF them built upon false louadat5s.
D Asfrst, slavery is held 10 aTlse 'uTs gsaiiar.
Z from a state Of captivity in wal; where save,
e are called maneiPia, quasi manu- capt. Ts
o conqueror, say the civilians, had night 70 Dc
life Of his captive; and having spared that, las
; night 10 deal with him as he plessss. Bmns
> an untrue position, when taken generally, tas.
e by the law OF nature, or nations, man ma,
: Kill his enemy, he has only night to kn him, n
,, particular cases; in cases Of absolute nscesiy
: for selfdefenee; and il IS plain this absolute ne
IS cessity did not subsist since the victor dd nj,
70 actually kill him, but made hun prisoner. VA
is itself iusti6sbie only on principles Of sslfps
= servation; and therefore, il gives no other uti
h over prisoners but merely To disable them ilOu
Re doing ham 10 US, by eOnhnIng then penohs
: mach less can IL give a night to hill, torture
3 abuse, plUndeT, or even TO enslaye, an enemy
re when the war IS over. Since therefore The Es
D. Of making slayesby captivity depends on a sup
he posed night of slaughter, that foundation taIl.
L the consequence drawn from II must isl Lac
o. wise. But secondly, il - ssld that slavery ms
IN begin, "iuEi Chill" when one man sells I'm
self TO another. This, II only meant 10 ssye
work for another, Is ve-y just; bat when app
ell 10 stIiet slavery, IN the sense OF the Laws
old Rome OF modem Barbary, Is also lmpOs,it.
III Every sale implies a pfiee, qUid pro GO,
= equivalent gwen to the seller IN lieu Of WAal
IL Transfers TO The buyer; but what equivalent CO
a be gwen foI lie, ana liberty, both Of Which,
. absolute slavery, are held to be in the maslsl
y disPossii Ills property also, the yey Pnes
seems To receive, devOlves iPs0 jaci5 10 ms M
y ter, the instant he becomes slave. In ihls ca
&c therefore the buyer gives nothing, and The SCI
60 receives nothing; Of what validity then esa
v sale be, which destroys the very pnneIplss up,
- which all sales are lOundedi Lastly, We q
odd, that besides these two ways BY Whiehs.ay
W .fszi," or are acquired, they may also be
reditaTy: "SsTri HaScERiET;" the children Of !
We quTed slaves sIe jlrs HatEras, by a nsgaa
kind Of biTth-right, slaves also. But this, bel
oi built on the two lomeI nights, must tai logsii
ie with them. II neither captivity, NOT the SAFE
" enc self, can BY The Law OF nature and Ieas
u ssluce the parent to slavery, much less can tn
reduce the offspnng.''
y, And now, Messrs. Editors, as this specimen
'i condensed irresistible logic is taken from Bls
y stone, do you not suppose that if he were to 9
n from the dead, he would be unutterably sDrpr'
'ss to hear his Commentaries appealed to IN
o. Amenean Congress in justification OF the sia
as holders right to take has slaves to New Men
ae and California; Seldom il ever, has so INV
n rantable a liberty been taken with the Wril
as Of an author.
ma Bat great deal has been said about ''the co
We mon right to take property into the TsrritOre
o. { suppose this common right can embrace o.
ger that which is commonly recognized as proper
ne And here the soPhistry in the reasoning
nm Southern Members Of Congress so fully deTe
itself tl.at all who will, may see il They G.
tend that they have a right to take their h'r'
cattle, sheep, and hogs into the territories -
say they, why have we not the same night
take our slaves Do they forget that hcn
tn cattle &c, are held as property BY the o.
nal alton of general law, and are therefore props
II under any and every jurisdiction And DO
to- overlook the fact that slaves are held, and
ave be held as property only by the operation Of