Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-12-31
From the NYtional Era.
THE LEGAL TENURE OF SLAVERY
70 tie Friends Of .imerican Literty:

70 tie Friends Of -imericaa Liberty:
Having affirmed the illegality of American Slave
~. now proceed to prove the soundness of my
position. For the present. aud for the sake or the
argument, | shall waive the consideration that
statutes against fundamental morality are void,
and that Slavery is, hence and in its own nature,
incapable Of legalizaton. This position | do, in
deed holdto be an imprcgnablo one. shall bring
it forward, in another place, when it will be shown
that il is not only an undcnae.e truth but that it
has already, and long since, received the expl'ite
sanction of tho great eXpOunders Of Com
mon Law. But J know that there are
many in this country, who would demur against
such summary process, in favor Of Liberty,
though they find no fault with summary proceed
ings in support Of Slavery. | shall therefore, for
the present mark out course of argument that no
will demur against who is willing to 20 into the
investigation at all
My first remark, then, is that Slavery cannot he
legal. nor slayoholding legal practice, a legal
right. on the ground OF natural law. The right 20
hold horses and oxen property rests, originally
ON this ground. Men had right, in the nature OF
things, TO hold property in dOmcsticatcd animals
and nanimGtc Objects the products of the soil and
the results of manufacture, before there were any
statutes for the protection Of those rights. Aud
under statute law, the right TO hold such prop
crty is, essentially, natural right resting in nature
itself rather than upon statute law. The right docs
not exist in virtue OF the statute But the statute and
the judicial decision the other hand, only declare
AID protect the already existing inherent right.
consequently no statute is needed, in any State to
authorize and originate the right OF holding horses
and oxen, wheat and potatoes, dry goods and hard
ware, cotton fabrics and implements Of husbandry,
as property. They are property, in tho nature OF
the case, belonging to those who reared, produced,
manula.lurcd, purchased, or in herited them
| Not so in the case ef holding property in slaves
/ T.. al
missed as legitimate, 1t is aerer placed by JuRIsTs
and CIVILIANS on the ground Of original or natural
right Such foundation for the right of slave
holding iSueycr claimed by sane men. There is a
good reason wLy it is not claimed. II would be q
scif-subversiyc and fatal one TO the claimant The
moment he should claim his ncighbor as his slave
on the ground OF natural right, the said ncighbor
whatever his color might lie, could turn round and
claim him as his slave on the ground Of natural
right For nature and natural law could not decide
which man is the master and which is the slave
And just here, let it be noted, us we pass along,
that any law (by statute or otherwsc) for origina-
ting the right to hold slaves, MUST designate which
are to be the masters and which the slaves Other
wise the law establishing Slavery, like Hat,ral law,
in such case, would establish the right of creIy
man TO make II slave Of his neghbor SYcb legal
tenure Of slave property wonld find little favor even
in our slave States 1t is accordingly held by the
courts, in all our slave States Slavery is the crea-
natural, universal, or common law; that where
there is such, local municipal law establishing
Slavery, there is no lcgalized Slavery at ALL it is
ON this ground that the Southern courts have re-
peatedly decided, that when STAKEHOLDER aiio,cs
his slave to be carried out Of tic slave States OF
carries him out himself into State or country
whore no local or municipal law establishing Slave
ry exists, the slave it thereby set free, and even
II brought back again, cannot be held as a slave
The courts in Mississippi Louisiana, and Kentucky
have accordingly liberated slaves under such cir,
cumstances and expressly on this very ground.
Slavery, then, it is admitted on all hands, can
have no legal existence except by positive law
local municipal law originating the legal relation,
and deciding and declaring lohO are the slaves Its
legality can stand on no other ground. There is
nothing the subject of the legal tenure of Slave
ry more certain and undenable than this fellow
citizens, allow me toryetyour attention to this one
fact. Let me succeed in fastening it throughly
upon your memories, in all its distinctness its GER
tanty, and its force let mel but bo permitted to put
his tact by the side OF other facts to be presented
hereafter and IpTomise you that allyour previously
existing impressions Of the legality of American
Slavery, however deeply seated those Impressions
may have been, shall be driven to the winds, and
you shall never again be able to find place for
! them WILLIAM CooDILL
, Nrw YoRr, oA. 1858,