The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-03-03
Emancipation I'm Kentaeixy.

Emancipation I'm Kentucky.
"It is remarkable that the two greatest AM
most salutaTy social revolutions which have ia
ken place in Engand-that revolution which, IN
the thirteenth century, put an end TO thetyTanny
of nation over nation, and that revolution which
a few generations later, put an end 10 the pro
perry of man IN man-weIe silently and imper
cephbly effected. They struck contemporary
observers with no surprise, and have received
from historians a very scanty measure Of atten
ton. They were brought about neither by leg
islative regulation nor by physical force. Nora
causes noiselessly effaced, frst the distinction
between Norman and Saxon, and then the dis.
tDction between master and slave. None can
venture TO fix the precise moment at which
either distinction ceased. Some faint traces OF
the old Norman feeling might perhaps have been
found late in the fourteenth century. Some FAINT
traces OF the institution Of villenage detec-
ted by the cuIious so late the days Of the Stu
arts; nor has that Institution ever till this hour
been abolished by statute !'-Maoauly's His
tory Of England.
This passage from Macaulay was quoted in
the Louisville Journal Of last Tuesday, to show
that there should be no legislative action on the
subject of slavery. We had quoted the same
passage for very different purpose. Macaulay
goes on 10 show that il was the peculiar power
Of religion prevailing at the time that produced
the great changes refened to. The Catholic
clergy had almost unlimited influence over the
members Of the Church, and they were continu-
ally using that influence for the abolition of
slavery, and Of distinction between Norman and
Saxon. "When the dying STAKEHOLDER asked
for the last sacraments, his spiritual attendants
regularly sdjured him, as he loved his soul, to
emancipate his brethren for whom Christ had
died-"I
In our remarks on this subject, we alluded to
the state Of things in ancient England which
rendered legislative action in a great degree
unnecessary. Wewill now enter a little more
fully into the matter.
In rude ages generally, changes are not made
by positive laws. change takes place in the
practice, and when law is made in regard to
the matter, it merely sanctions what has already
taken place. "Even when circumstances at
length force on innovations, the change of the
law is the last change that takes place. 1t does
not precede and prescribe the new practice, but
only, reluctantly as it were, follows and sane
tons 90 A learned writer in the Edinburgh
Review says, "Yet parliament, echoing the
sentiments, if not the words, of the Barons of
Merton, scarcely ever intended TO introduce
new law, 10 enact new STATUTE The Wit
ensgemote was in its original conception and
institution rather a court oil law than legsla- |
tive body. To this day, England has no wit |
ten constitution. Usages have acquired by de- |
grees the force OF laws. The laws of the realm |
have been frequently changed by fctions of the |
courts Of justice. Numerous instances will pre-
sent themselves 10 the minds of thoee who are
sonyerssnt with the English laws. A complete
change was made in the regulations concerning
the entsilment of estates--a most important
nstter-without the action of the legislature. by
fichons Of fines and rseODeries. A change was
demanded, and, as il were, made itself. It was
not 50 much in formal acts Of legislation that
the sentiments Of the people sought to express
themselves. The editions Of the Journal say,
"Grest ss was that social revolution by which
slavery IN England was abolished, il was not
greater than the revolution which abolished the
tyranny exercised by the Norman over the Saxon
race for two centuries. This tyranny was estab-
lished and enforced by law, as in the case oil
villenage."
We believe that the editors of the Journal are ]
in their assertions. The suthors of the
Pictorial History Of England, say:
"The sufienngs OF the nation under the Nor.
man dominion, therefore, were net principally i
occasioned by any new form or element of
slavery that was introduced into the constitution
of the kingdom or Of society. The legal restric-I
PASTORAL History Of England, vol l. p. 49, Us