Weekly national intelligencer., 1850-03-16
SLAVERY.
n sryArr. MosDAr, MAncH 8, 1850.

discussion before Senate although hope, after all the
other gentlemen who desrous OF speaking on the subject
shall have had an opportunity present their views to the
Senate that may be ndulged Tor little space OF ume 10
submitting some remarks which have to offer am very
happy perceive that there are so few members now VINO
feel desire to speak, will afford me an opportunity OF
being heard on this subject very remote day but rise
now solely for the purpose Of saying word or two on the
subject to which the Senator from Wisconsin Mr. WALKERl
referred at the close Of bis remarks yesterday and in reference
20 which made at the moment explanation, which was
necessarily imperfect The Senator referred to decision
made some ago my Staethe case OF the State
u.s. Mann-whch prosecution against hirer OF slave
for wear for cruel and unreasonable chassement The
court having held in that case that an indictment did not lie,
an opinion delivered by the Chief Justice containing
some general observations. call attention to these, partly
they have been misunderstood and partly because the
expressions themselves perhaps not strictly to be justified
They have more than been used for the purpose OF i'm
pressing upon the public mind the idea that the State which
have the honor part represent there entire
want of Just consideration for the protection Of the lives and
happiness of slaves and that masters were vested wn u
limited authority hem not demanded by the OF
the case, and inconsistent alike with the dictates OF
and the laws of religion Now desire, both becauel think
it is due the State whose character s as beleve I'M
properly assaed and BECAUSE at this particular me inde
pendent of the influences upon its character which sucn on
ions are likely to produce in the present state Of things Is
that such notions should be corrected where they
are as they tend affect unfavoaby the mind Of
the North in reference the subject which now engages our
attention and agtates us and because also when tney are
thus made referred debae printed in pamphlets and
circulated through the country they arc caulaedo produce
an unavorsbe impression and feeling in the mind OF the
South these desire, can, once for all 10 set
this matter at rest .
Now in order that il may be understood what is the Po
ston occupied by the law Of the State of North Carolina
upon this subject beg leave to call the attention OF the Sc
nate to brief extracts from adudcaiions in which that
law is considered and declared.
And first in the Of the State Reed, who was in
dicted for the murder Of slave That indictment did not
conclude, as we lawyers all it, "upon the statute and the
question was conviction having taken place, whether any
judgment could be pronounced 1t was contended by the
who appeared for the prisoner that according to the
law Of North Carolina slavery being recognised, save in
dependeny of positive enactment by statute was not be
ing within the protection of law and therefore, for any injury
done him. it necessary that redress should be demand
ed upon the footing Of statute law. upon this
question that opinions delivered from which will read
brief extract And first from the opinion Of Chief Justice
Taylor
81 think there necessity to conclude the Indictment
against the form Of the statute for law Of
the violated the offence the common law,
founded upon the law OF nature and confirmed by revelation
The second is from the opinion Of the late Chief
Justice Henderson, then associate judge OF the supreme
court, and Of whom will take the liberty of saying, he
does possess national repuation not having filled
national appointment that few men ever lived who had
clear acute, and comprehensive understanding or
profound knowledge Of the common law OF England,
and no man who possessed benevoent open,
rous manly heart oil Of which know that my colleague
would bear his cheerful testimony:
Ths record presents the question: is the killing ofa slave
this day statute common-la offence, and, If COM
rnonaw offence what punishment xedto the charged
in this record Homicide the killing any reasonable
the protection the law with malice prepense that is with
design and without excuse. That slave is reasonable
properly human being is not suppose denied Blu.
OF the and therefore the Law regards not the OF his
death; that the alone is interested and the State
concerned, Independently of the acts OF the Legislature
upon that subject than in the death Of horse This argu
ment the force of which feel and leads
land i must be SO pronounced dseaim all rules or laws
in investigating this question but the common law OF England
grated hep and and as adopted BY hem and as modified BY va
declarations of the Legislature since, justify the
foregoing IL % re- slave I a. sres ss
with malice prepense murder by the common law. With
the services and bors Of the slave the law has nothing to do
they the masters the law the and control
of them belong exclusively to him. Nor will the law interfere
upon the ground that the State rights and not the masters
have been violated In establishing slavery them the law
vested in the the absolute and right to the
services Of the ave and the reinforcing those services
follow will the law weigh with the
crupaous nicely his relation thereo but the life
of the slave being to be placed in the
takes ,hat With has weight show that
by the laws of ancient Rome modern Turkey absolute
power is given to the master over the life of his slave
answer these the laws country the model
from which they taken it abhoent to the hearts of
all those who have felt the influence of the mild precepts Of
that such the state Of slavery in our land call on them to
show the law by which the life Of slave placed at the dis
I would rnention as an additional argument that if the
contrary exposition of the law is correct then the life Of
slave of one, even VagaDOnu
ask what that punishes this day the
and cruel dsmemberment Of slave by severng limb from
his body, life should be spared There statute upon
the subject it is the common law, cut down. is true, by
CUSTOM tolerate slavery, yielding to the
the services the ave and right incident thereto
for its full enjoyment but protecting the life and
limbs of the human being and in these does
admit that he is without the proection Of law think,
therefore, that udgmento death should be against
the prisoner"
There is other passage to which will call the aen-
ton Of the Senate, because it is delivered in subse
quent the of the State Manu. and shows the view
of the judges who upon the bench at the time that udg
ent given. II necessary for me to that this was
Indictment against slave by the name Of WILL who had
killed his special verdict taken in order to
bring the the Supreme Court to test the question
whether that killing murder It was argued that slave
under circumstances had right resist and that if he
resisted, the killing was murder.
The opinion of the court, part of which am about to
read delivered by the late Judge CASTOR, whose high
national reputation renders unnecessary that should
word Of his eminent learning and high character He thus
expresses himself
"The Of the State Mann, at the time pro-
nounced what indeed beyond question, that the law
and that the homicide ofa ave like that OF freeman
der manslaughters An attempt take slaves life h
them tttemp to commit grevous crime, and right
fully be resisted But what emotions of
may without the imputaon of6endke malgny be excited
IN poor slave by cruelty from his that does mme
fesses to determine In the Absence them of all preceden
directly in point kng analogous the question recur
ii the OF the slave be unlawful violence
BY the nhumaniy of his master temporary owner,
npthed with the masters authority is it conclusion of @
khat such passions spring from dabolica malice Unless
sL