The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-11-03
From the Louisville courisr.l
Mr.. D1xou Rs>ol~sfs.

sonsen f unless u Be Gr ne pubic ro.st .,s -
pasn - nalss to him last CON peas.iioD ts>rsfsr
The principle here declared 70 % manifest
lusi and nsht that no sane person win De foas'
10 deny H. In fact, n is safe TO assert, that u,
principle syowed In the resolution, lies Al The YER
ioundaIi0n OF the social compact The foundsr
/ OF our government were so fally impressed vii
= Inc truth ene importance of the great doctrine o
a'ghi which the citizen has 10 proPsIty lzxfuli,
acquired, that they maze il part and parcel Of In
fundamental Iaw Of the land. And following n,
example OF The federal goserlmenf, each Slate 4
ne confedericy has incorporated the same jas
principle In lie organic law. fhis doctrine 20 JUS
IN itself and Necessary 10 The uelLbeinr Of 90.
eieiy, 10 eoeTal win the existence Of man
Il The sacred vOlnnas iafornaa as, thst the Create
IgfVe q nsa', "domaen over all the eartk. AM
oseF the hsh Of the sea. and The fowls Of ths
7, and over every living thiss hat moveth upon
the earth" This, says Blackstone, ''is the
only true and solid foundation of mans dominion
oser external Ihiogs." Here then is The orixin Of
re rgn Of property; and the tiLe may not Be
questioned since il Is derived from the great anc
sll-oOunliinl Creator.
| Il "a proper now 10 enquire, What 10 Propertyf
/ Ice highest human authority in legal science
| shall answer this question. Blackstope s.ys
"lhe objects OF dominion or property are hisss,
a. contradistiag uished from persona"
This definition OF the term property is 90 clear
and PersPie1ous, that il is impossible 20 mistake
is meaning; besides il Is in strict secorcarce with
the original grant Of the Creator-'.To aaa He
gave tominiou,' Sc The grant Of dominion over
the earth and all things therein, Was made to the
Ehofe AEHan race, as is clearly evinced b. ne
use OF the generic term man.
Il has thus been shown Thar the accredited prin-
ciples of the common law are ia perfect harmony
| with the mantate OF the Creator in teaching he
dOctfine, that iags, not persons, constitute pro
TsTtV. With The night Of property thus deemed,
i the convention now assembled a FrankSrt may
not interfere; because this right existed prior %
and irrespective Of any statutory or organic lsv.
| The Consultation Of Kentucky, tho less than
! Inst Of each Of the other SLaiss,l embraces tsO
| classes OF rights. IL acknowledges and srirms
| tL0se rights which existed anterior 10 The adOp-
| tisa Of The organic Law; and IL creates rights,
Whieh in their relation 10 the people Of this CON-
mca wesl.h, hhd not otherwise existed. The RICH.
10 lyfe, the hight 10 liberty, and the right 10 pro
perry appertaiu ID the forLe class and are in no
wise dependant on the organic law nor would
their validity De impaired BY the entise aorogsion
Of this law. These may be properly eenomirsied
Iindesuuctible rights, since no human power may
rishtfully take them away.
Very different, however, would be tae eject
NOn rights of the latter Glass; for the same SOW
e.eign DoVer that called into sxisteuee the con-
sttu or organic law, Is Petent 10 destroy n;
AM with e destruction OF this law, al he rghts
acquired By or under il, cease TO exist To tbs
oder sl political rights, privileges and inmunitiss
sro wing out Of "a organised state OF society, prop
civ belong Theas may fIly be decomiasted To-
cal OrrelsIve rights, because they are created ~
local law, and cousiiiuts an slsmentof ne eIiss-
ius social compact
That strange and ineongruous feature in q Re
public, ~The peculiar institution, !" nov presents
itself To which classification Of interests shall
this anomaly oe assigned
Mr. Dixon, IN his speech on the resolution n
the head of this article, contends that the people
Of kentucky had the Tght OF property In slaves,
'.P~i0T TO the aeoPtloa OF ans organic law SPeAh-
ing of the right 10 slaye property, be SAYS:
,s-.t. - nrooerfw IN. refaf- derv.a
tEoa the OF Vrna from the eonstatEn Of IN
snc H,o-thsy ss'ssed Priot 70. add independent Of
thsse avs Thsyexisted because thrY we've sns eissr
" from those who frs; acquired ths dawes and
wseh had eSs dowa - tneir deseebdants b. d-se.,,
or wheh had eeeh EsHsieIee % purchase Itus ~rr.
thee tights existing pI-- % he adoption o. any Orx.ni
aw.
To maintain his pOsi.iSn ne refers 10 the roysl
authority OF the British Queen, who, he alleges.
gave letters patent TO certain parties "emDo~erins
them 10 go 10 AiIica and possess themselves Of
slaves and bring them TO the then colonies OF Nosra
America" The royal charter then, empowering
certain individuals 10 seize upon the persons Of
unOffending Africans, IL seems, is relied on a. q
SGsid title TO this species Of property. Why, the
thief, prompted perhaps y ABSOLUTE wait which
knows no law, possesses himself OF aDother's Prep
cry. Ihe hg1wayman, ~ at GT-sis, Possesses
himself Of the travellers purse. Il, therefore, he
fact Of being IN possession, he esteemed 4 valid III
tie as TO the night Of properly in objects of The high
est ImPortance--peTSoEs,l cannot fail 70 De equal
" valid in less important maiters-ttizxa Il -
an established principle that the msloE iacludes
the minOr-the greater the less. BRE the famous
hg0 bears testimony 10 the validity Of Possess-
DRY title:
'.who steals my purse, steals trash;-
Twas mine. us sis"
he who doubts htis high authority, mast be sio~
OF belief; especially since y IS in perfect accor-
dance with the Aforesaid Tcy1I cAdrtsr.
II the fact Of bsiag N pOss>ssloN, as the gentle
man maintains, coofers night and establishes ute,
array pith y0Er penal code. Admit ttis doctrine,
you give uaIssiIGinsd license to ss1y gseies If
crime
Having obtained the royal license 10 kidnsp, M.
Dixon proceeds to state how these worthless fal-
filled their miss ion.
Well, when theI went there, WHIST did they 1of They
acquired the property They captured or parchtsed ne
negroes They exercised tner manu-. sfensn aaa "A
owners oy Occupation OF b. purchase asay % ac
curing property that gentlemen vii readily uniers,ant
men who have gone California TO az god. Law soss
provide the ghtto the gid, and does not Proves
thr ngat to eaPta'e and appropriate the Save
Strange 11"at;ins tals. ses me ssk -
zeal for the ''dDomed institution - -
usually sound Judgement and clear dissriu,in-
stiosi Does IA imagine Aai persoaa ani shirsp
are IdenucaN IL is manifest that hn vhcIo ann
ment is based upon this falacious posfnlsssL
There can be no legal rght 10 p<rssno - pgopss-
~, except BY the operation OF positive lavs; ssd
every such law . OF necessity local, ~ limited
10 It's operations. Hence the inference oDooar. q
be irresistible. Thai all right 10 sLsss pSsDssxJ :
reterable TO the organic Law OF the Slsfs where
such property 10 held; and Is derived from This
source alone. The laws Of Ksntacky, DO Iess
than the laws Of other States where domestic
slavery exists, recognises slaves not a. tsinxs,
but as persons For the tts Of tie sLavs IS protect
ed BY The same Law, which protects the life Of he
Master.
Much reliance is placed, By the gentlemen, On
an alleged contact, found IN the constitution, De-
. "a fhas
words:
No person shall for the sane osnes De t-tcs Pot IN
jsopasay Of ms ~. ana ine nor a. s.s 49,.
ans representative. and without just compensation Dsilx
previously made tD him
Now, IL 10 COO 6dently believed that this article
OF the organic law has no reference whatever 10
slave property. The reasons for this belief are
briefly these:
FiIst, the substance of tbs Article, Cor contract,
If you Please,l and for the meet part in these
IDENTICAL words, Is found not oaly IN the FEDERAL
constitution, but in the cons tuition Of the several
States of This Inion-in the tree as well - The
slave States
Again, what possible use could the federal OF
State goverrmerts make Of slave properuf or
under what state of Affairs would Il Be proper 20
already been she wn, that tkings only are recog-
nized AZ property in legal psf ance.
Finally. the right Of The citizen 10 slave property
Ia expressly recognized and protected BY separate
article IN the constitution OF Kentucky, and 10 set
fouh IN the following words: 49, =. 50.
The genera sseInoy snail have power 70 pzss Ava
cor the pa1u % slaves without eonyent Of
their owners, without paynf their ogners
sucn emancipation, fan equivalent In money oi Ne
slaves emaneIps.ed. 900
II is confidently asserted that this article Of tie
organic Law 10 the saly title deed which he ovnen
Of slaves IN Keatucky have to Ltis elass Of pro-
perry. For, if the former article Of tie orxsnic
law, which expressly secures the night 10 property,
includes, or was intended 10 include, si1re pro.
perry, where wss The necessity Of tie lzllsr srfi-
Gle? II is manifest no such necessity exisssd M
less for the reasons soove given.