The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-14
upon the law OF nature and OF God thus placing the right
o slave property the foundation OF all Other properly
I IL thus put BY the senator from Mississippi Mr DA-
81


TO slave property the foundation OF all other properly
II thus put by the senator nom Mississippi, Mr. DA-
vD:l
at is enough for me hat here we are not called upon 10
which shall be held certainly power 70 abo
established BY decree Of Almighty Cod that is sanctioned
In The Bible In boh Teslanen from Genesis 70 hevein
The people q The highest cSlisaiion, and ia
toe highest proficiency in the arts"
answer. that slavery is purely local institution una.
Il has no iosndaon in nature support IN the laws OF
God that il exists and only exist by virtue Oh 'he
local laws OF the States.
Mississippi case already quoted, Page 42) Inc court
says.
asIaye Is condemned BY reason and the laws q ma
exists and only exist, through municipal regu
iations."
Here is another case in the same State where the same
s. i Isaac Jones-tWaIsrs Reps, ss The court decides
that
.hs right Of the master exists NOT by force Of the law Of
nature q Of naon but by virtue only Of the positive law
Here are two direct contradictions from his own State
Of the senator's assertion that the institution is founded
on the law Of nature and OF God
Mr.. DAVIS take my argument from the Bible
Mr.. WALKER. ! was not quoting from the Bible
although think that holy book would be found but a
don. the description OF which find in another case in
the State Of North Carolina Dew, 266;)
he s~d the profit Of the his security, and the
and his posei 70 i've wiiSoa. Rnowsdss and Without
The capacity 2 make anything his own asS obs S
5 So az s''''i1''' ~ 7 ''' - ~ =
The Bible tells me that God gave 70 dominion and
not over the bodies and minds Of his fellow man.
Bur to get back to the law and the legal view Of the
foundation Of slavery. The next authority which read
i from I'd Martins La. Reps. 4O2 and 4os:
Tho relation Of owner and slave IT, In the States of this
Unon In which y hasa legal existence, creature Of the
NV next authority is the case in cd Marshall quoted
before for another purpose:
"avery sanctioned by the laws OF this State, oxen.
suciy and the right 70 hold them under on, municipal egu
sng BY positive law Of municipal character, without
mon law"
II these decisions do not sufficiently conovert the SEN
ators position Of the natural divine property founda
ton OF slavery let us try again. Iquote again from the
North Carolina The language is strong but read
i in no offensive sense TO the senator from Mississippi
After speaking Of the condition Of the slave, before
read, the court says-(2d. Dew, 1868
ssWha moral considerations shall be addressed such
being convince him OF what IL possible but that the
sspid feel and know BE true, tina, he is
% g labor ~ q a1 Or for the
This, sir, decision OF the court of slave State
and when gentlemen claim here that the institution OF
s on the he law 81 Of me
ions dspassonatey and mpartay. without reference
knowledge Of what slavery is This Judge depicts in
terms 90 bitter the institution Of slavery, that il any
northern man were to similar words here, he would be
called fdnddl This Judge at the time deciding
the principle that TO shoot and kill slave, and woman
too not murder-nay, not assault and bat
terry That, sir. in is29the same year and about
the day that the poor denounced usuper Guerrero
issued his decree for the abolition Of slavery in Mexico
do not say Il BY way Of reproach but il is strange
Mr. DAWSON. Does the senator say that is conso
nant with the law Of North Carolina
Mr.. WALKER. The principle is decided in this case
Nj. DAWSON. But the law is not 50 now.
Mr.. WALKER. l am happy to hear it. quoted this
simply for the purpose Of showing that it had been de-
slavery the right hold slaves existed in The laws Of
nature Of natures God. The case [ referred to was
the case OF the State u.s. Mann. and reported, is as
follows:
The defendant was indicted for an assault, and battery
upon Lydia the slave ofone Elizabeth Jones "On the
% the s s ss as e ns
some small offence, for which the defendant undertook
OF whsrsupon the descendant called upon Fer % STOP
which being refused he shot at and wounded her. "A
praed In the coun above the doctrines were held as
have quoted; and the judgment Of the concludes
% s below be and entered
Mr. BADGER. II the senator win allow me- will
state that in North Carolina il is held undoubtedly by
the judgment Of her highest tribunals that by the com.
law OF North Carolina. the homicide Of slave an
offence either murder or mansaughter excusabe hon.
cide. just as It'll in regard 10 the killing OF free persons
the circumstances under which killing be mitgated
from murder to manslaughter excusable usfabIe
homicide being different only in consequence Of the
lation existing between master and slave Formerly there
was certain statute passed by the assembly which
made IL misdemeanor 10 kill slave, punishable by fine
and imprisonment Afterwards the legislature OF the
State passed law declaring that il should thereafter be
homicide TO kill slave; that should be murder
slaughter, or Otherwise according 10 the principles OF
common law, In the OF free persons Afterwards
an indictment preferred against a white man who
murdered slave conviction took place, and judg
ment OF death was passed il was carried 10 the Supreme
Court, and an exception was taken 10 the indict
men because IL did not conclude against the form of
the statute and counsel endeavored to sustain The
exception upon the ground that, by the common law
OF North Carolina, the killing OF q slave was
no, murder; that il was only recognised as a mis-
demesnor, and that therefore the Indictment was de-
fectlve but the court ovenuled the objection. They
treated the killing Of the slave as homcde and the par
tcular case which the gentleman s now referring to Is
the case IN which the court recognised this principle that
one who hires slave for a single year stood in the
same relation towards him the general owner and
either guilty OF murder, or manslaugher or excusa
bic homicide (ust exactly in the way as general
owner would be.
Mr.. WALKER have read what the case was. Be-
ing indicted he was convicted he took appeal 10 the
court above the court set hm at liberty After descrb
ing what slavery h. before read, the court goes on
70 seyi
"Such services only be expected from who
no will Of his own-who surrenders bis will In implicit
sequence only of uncontrolled authority over the bodv
Theirs nothing else which operate TO produce the
effect The power Of the tor be absolute
der the submission OF the slave perfect freely
as deeply any And as principle Of moral
right, m repudinfe