The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-03-25

,-sull bTluE UP AiiaH feNN''N'i 49,
,-,,, the reports upon II As yet we have re
e..rs5 only one side, and of that We proceed &
give synopsis
The case was this:
That Parhsco was the owner Of negr'
- u,n43 Lewis who was hired by all Office
:, ,hs army. duly authorized, from his owner
:, "A int.rpreter and guide To the defeated com
M II MAJOR Dsde: that he was one Of Tn
fs,v survivors Of the disastrous defeat of tina
r,nmsnd, and remained either voluntarily o
:. a csntive amongst the hostile Indians unil
a., snr.pe Of S3S, when he accompanied Jump
:, Seminole chief, 10 one OF our military
ros,s in Florida that he Was then claimed by
b,s owner, aud the military commander, ~
v,h,S. control he was, refused 10 deliver him I,
bis owner, and ordered that he be sent with th'
indians 10 the West; because he deemed has
transportation proper inasmuch as ne was con
s,5srfa capable of exercising an injurious in
ausnrs over the Indians and thus, In pursuance
Of tE.s order he was transported to the Wess
and the owner thereby deprived of his value
The committee, or the minority Of the com.
m,ttee, John Dickey. James Wilson, David
Fisher, DudIey WILSON, present these views
first admitting L,ar.s 30 p r,. pity, ~
compensation can he granted for hii-. \ n.i.I
,sry officer binds the Government as Ear as hi
legitimate authority attends, and no further
Tins i. An admitted rule Had the officer who
sent Lewis beyond The Mississippi authorit,
10 BIND bis government by such actl II h.
hai been an on or cart. no doubt would be felt
The officer would have had authority TO hire
purchase, or impress oxen and carts 10 iransport
hi, baggage or provisiOns-but none whatever
10 send Them ouJ Of the country There wa
no .stasing Of LslsIs for the public use" H,
;s not USED by the public nov in the West
No: being 80 taken or used, the act of the Off
Ger does not bini tue Gov-rnment-it was Ia
act, aad Tor it be slone is responsible, even ad
hitting Lewis TO be property.
Bat, second. the great question involved Ia
tbi. relates 10 slsve-y-to the Constitutional re
alton which the Federal Government and III,
free States hold TO the Institution.
4 As To the character Of slavery.
Warwas once regarded as the only honorA
be occupation Of man. Slavery grew out O
II Itwas regarded by most writers Us one 0
I've EceulAhE NeAFF hChAc7 VI war.
were held by physical force; if they could escape
they were free. And 10 effect their escape the,
could as any means within their power, provi
dsd they dad not inJure innocent persons.
The pirate practice Of selling the unoff-nd
ing people Of Africa follow ed the abrogation o
this bsrblrous usage. They were torn from
home aud friends, and had the right to escap'
by any means which God and nature had put il
sheir power. This right descends to their off
spring They owe 10 allegiance 10 our Govern
msnt-sll their feelings, interests, are opposed {,
it, and the master who holds them rs slaves
Lewis, therefore, had the moral right to annihi
late his servitude, and he became free the mo
meut he Joined the enemy, for then the Ioea
laws Of Florida ceased 10 act upon him
If he had been slain, an battle, the Unite,
States could not have been held Liable to his mas
ter When, as one Of our enemies, be submit
ted to our arms, he was "a prisoner of war
entitled to the same privileges Of the othe
prisoners The officer in command could NAH
no distinctions. The terms Of capitulation ap
Piled to all alike. These were. that they shout
emigrate West Of the Mississippi. No exception
were made. See Doc. 225, p Congre-s.l
The Petitioner claimedhim. BY what right
Ne was free Tie was one Of the enemy. An
BY no act Of Florida or the Federal Govern
ment could he be enslaved Besides. il the p
uhoner had a right 10 Lewis, why did he nc
assert it before competent Judicial authority 1
Florida He cannot take advantage Of his ow
neglect Again, Lewis is neither manned nc
fhied-why does he not assert and try the riyl
10 him now These objections, the minorit
report consider fatal to the petitioners claim.
But there are other and graver objections.
10 grant the petitioners clsim.-would be
acknowledge by Congress that slaves are prope
ty Can it do that9
Slavery is the creature of positive Law
cannot exist moment without il. II is col
wary 10 nature, justice. eternal right True,
earlier times slaves were regarded by many n,
nohs as species of property. As late as IA
Lord Chancellor Hardwicke decided that troy,
ay Tor a West India slave in the courts of C re-
britain But in l772 Lord Mansfield, with
unanimous court, decided. that slave brougI
'P0h BRUSH soil was free. Ia closing he sal
.. me s'ais Of slavery is of sucl nature m
"tnodp0ole o. being introduced on anu reaso,
.'O"' OF Po'uicdi, but only BY positive lar.
= ts, positive yals.'' Supp
The British Parliament had passed no law G
ms subject: but public opinion had Vat
'"is nme slaves were held in the colonies viii,
subsequently, formed the States of the Unto
anu no" did the people there regard this pri
c'pie' Why, the Convention which affirm
our Declaration of Independence affirmed Il,
e"' mat document iOreibly denies that men C,
be made property.
hi'o' The Convention met 10 frame our t.
constitutions and it is important to u
oefstahd In what light they viewed This IN,
ton.
MI Madison in his papers informs us II
wednesday, August 22d, the Convent
p'Ooee9ec 10 consider the report Of tn. Comm
De'aii' IN relation to duties on exports
aPi'auoh tax and a navigation sct The fou,
s7cuon reported was as follows
ls,a.- TAX or duty shall be laid by the Leg
on afhcles exported from any State. I
u Tue migration nor Importation Of s,ch -
admit ~ e several States shall think proper
lion be prohibited "o' ""P''
M. Gerry thought we had no,b;,n 70
d., conduct OF the States as 10 Slav.
ton V"' MOI % gioe any ss
slave ;, Tr"'sn was opposed TO any tax
hsea Imported, as making the matter wo,
IT. nnetsd they vere property,
"hoie subject was again committee
renor,aI I'''ee OF eleven, which, August "a
ton; concerning the 4th 5