Weekly national intelligencer., 1851-05-10


prohibit the entrance of eli PERSONS and the introduction
all things according its views Of is own pei cy au
best good And each 10 under corresponding obligation
respecting the territorial rights Of Others and Of regulating
The conduct Of all persons within ts territory pro
hbit them from committing acts Of violence wrong lh
territory Of Others and prevent them from becoming the asy
lum for persons things injurious another Each wou
have been entitled to defend i've rights and enforc
the performance Of these duties from Others by war and
course to qualify and regulate the and enjoyment Of then
by treaties of peace and other mutual compacts.
Assuming this to be outline Of the rights and duties
sovereign States towards each other stated the bees
most general terms 1t becomes necessary 10 inquire wha
would have been their condition in respect slaves and
very, supposng that slavery sanctioned and uphee
by the laws Of and abolished and prohibited by the law
OF others In doing this it will be necessary to do little
than cite the Of Commonwealth Avis l8 Pick. 49,
A and the laws there cited and commented on.
by the revised laws Of nations it s received be wees
hed that however odous may consider slavery and
slave trade, however abhonen the dictates of humanity
and the planest principles justice and natural right vel
each nation has right in this respect Judge for ITSELF and
to allow prohibit slavery by its laws its own will
and that whenever slavery is thus established by positive
law within the limits Of such State all other nations and peo-
pie bound respect IT, and cannot righifuy interfere
either BY orcby SEWING afuy eniicing away slaves with
in the limits Of the territory Of the nation establishing H. or
akEg then on the high seas which the high
way Of nations In the cited the language Of this court
s this In considering the law Of nations we may assume
that the law OF this Sae analogous the law Of Engand
in this respect that while slavery considered as unlawful
and insdmssble In BOTH because contrary right
and the laws designed for the security Of personal liberty yet
IN both the existence Of slavery other countries recog
nised and the claims Of foreigners growing Of that con-
I didon are to certain extent respected.
in Sumnerses case, before Lord Mansfield in It'll (2O
ec and establishes the doctrine Of the natural tight 10
sonal liberty n its fullest extent find clear intmaion Of
the principle above stated Slavery said Lord Mansfield
such that incapable Of being introduced on any
reasons, moral POLITICAL but only by positive law and is
so edous that nothing can be suffered to support il but posi-
i've law. But this is clear admission, and indeed this
manifest throughout this opinion that although odous and
contrary to natural right may exist by force Of positive law
And this may be mere customary law well The enact
ment Of a statute. t4
The "posve law, in this sense may be understood
to designate those rules established by long and tac acqu
escence by the legislative of any State and which de-
rive their force and effect law from such acquiescence for
legislative enactment and acted upon such, whether
formable to the dictates Of natural justice otherwise.
The principle is that although slavery and the save trade
contrary to justice and natural right yet each nation, in
this respect may establish s oun law within lis terri
tory And even the slave trade is not regarded piracy
BY those States who regard il in the abstract UNJUST
except when has been declared by statute, which
only operate within It's limits; except when has been
declared by treaty between Powers in which
may be regarded between such Powers their c
zens and subjects This is confirmed by the English and
American authorities although the Governments Of both the
United States and England have made strong declarations and
passed very severe laws against the slave trade.
refer to the Of the Diana, Dodson, 95. Swedish
captured high board
BY English vessel, carried into Sierra Leone, and
there condemned appeal to the high of admiralty,
she ordered TO be restored by Sir William Scott the
principle that the slave trade allowed by the laws of
Sw den. #f
LIE Louis Dodson 236 was the case Of French vessel
seized by English vessel in time of peace An elaborate
opinion given by Sir VIM. Scott in which be stated
that right of visitation could only be exercised in time of
against pirates and that the slave trade p
by the laws of nations except against those by whose
Government il has been declared, or by treaty
Two common law cited in Com. vs.. Avis, ls
Pick 2l3, 2l4 Madrazo Weies, Barn & Aid. 353;
Forbes Cochrane Barn. Cr. 44s same case, Dav
Ry. 679. Il would be desirable their
length but full abstracts Of them given in s Pick, al
the pages cited, and they directly in point will only
quote remark of Mr. Justice Best from the first case cited
above who says that the statuc <af E.ea B.n speak
juss terms or indignation Of the horrible traffic IN human
beings but they speak only in the Of the British
tion. If ship be acting contrary to the general law Of
tons, she thereby subject to conscaon but mpos
sbe say that the slave trade is contrary to what may be
called the law Of nations In this case in suit in
British court, foreign slave permitted to add
his damages the value Of certain slaves taken from vessel
wrongly interrupted in voyage the high by British
vessel.
These authorities are recognised and confirmed, and the
principles declared, great consideration by the Su
preme Court of the United States in of the Antelope 10
Wheat 66. The positions affirmed are, that the slave trade
contrary the law Of nature, but is prohibited by the
positive law Of nations; that the slave trade may be lawfully
carried by the subjects Of those nations who have not pro-
piracy, unless made the treaties statutes Of the
nation which the party belongs These positions for
6ed in the opinion Of the court pronounced BY Chief JUS
ce Marshall, by reasons which be regarded quite
conclusive.
But the slave trade be legazed the local and po
ive law Of any particular nation for its Subjects that
this odous traffic be denounced piracy and treated
violation Of the laws Of nations, ortio may the
stence Of domestic slavery be egazed by the laws Of such
nation within its own limits that the rights growing out
Of shall be respected by foreign Powers their citizens and
subjects.
The result Of this inquiry summed up in the cited
s Pick al5, as follows Upon general review Of the
thores, and upon the application Of weestabshed prnci
piles upon this SUBJECT think they fully maintain the point
stated that though slavery contrary to natural right to the
principles justice, humanity, and sound policy adopt
them and found laws upon them yet being
tray 10 the laws Of naons If any other State community
fit establish and continue slavery BY law. far the
take notice Of the existence of those laws and at
liberty declare and hold an act done within those limits
unlawful and void, which the sovereign and legislative power
Of the place has pronounced lawful IT, therefore,
anted Interference and wrong Is done BY citizens fo
regne acting under the sanction Of such laws and within
their proper mithat Isl within the local limits Of the Pow
er by whom they thus established the high
which each and every nation has right in common with all
others occupy-our laws would no doubt afford remedy
against the wrong done.
1t seems therefore, be conclusvey settled ths belongs
each independent Power decide for ITSELF whether will
uphold and maintain BY its laws the existence Of slavery and
although other Powers may denounce it, and declare found
cd in force and violence injustice and wrong yet they cam
disregard other rights flowing from when legalzed oy
another Power The relative rights and obligations OF nde
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