Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1854-12-02
from the Washington Sentinel.
SLAVERY NOT THE CREATURE OF Law.

!
! 1t frequently happens tlat erroneous principles
wien put forth with confidence, pass ungucslionet
hnd mislead the public mind for many years. Ever
the United States where every question Of the
! cast magnitude Is held under constant discussion
/ ny inhumcIabc writers and speakers proposition,
utterly destitute OF truth, sometimes gain currency
although they affect tho most important interest o
AHhtry Among the propositions Of this char
i've would notice Une which is generally re
csfvtd III the North and Northwest relative to The
foundation OF African slavery. We alludc to th'
assertion that is frequently made through tn pres,
OF tbe non-Slavchulding States to the effect that
sidrey il tile Cniiel Siatcs is tie creature If lcgjs
iaf,@ c''c'mem and eoHHd erisi aypherc unless il
Oe .Gi% cS'0bii&hcd Ly poSitire lar.
we deny. most cmphaticaly, the truth Of this
proposition and in our turn affirm that Slare,y
" Me C"ted States Is Aot tie creature u iegisiare
ehdHmeW, dmay cTiSt ,rAatrer il is not prohU-
yea loY some posHirc tar. We do not know by
what iacts, or by what process Of reasoning. those
who hold the opposite belief attempt to maintain
theH position. They seem 20 content themselves
with a nGked vsscrtion boldly made for we do not
remember TO have seen them venture ON any refer
ence TO the statements Of history, or draw any de-
ductons from admitted premises to sustain the
important principle they advance " Ne have read
and reflected 10 but little purpose if they can
obtain any assistance from the facts of history,
or from any conclusion which can he lcgitl-
mate!y derived from those iacts We feel sure
that every candid mind that will investigate the
subject, must arrive at the same conclusion that
we huye.
Sla'cry existed long before the formation Of leg
islatye bodies and was sanctioned by heaven as
an existing institution long before the idea of a
Legislative enactment ever entered the world. The
captive was held to be the property of ihe captor
ana the heathcn was bought and sold long before
an attempt was made to organize regular govern
ments. Throughout the earth, wherever the rights
oi property were respected, property in slaves
was recogn zcd as perfect, without the inter
vention Of positive law. Property in slaves
was regarded in precisely the same light as
property IN horses or cattle or in the fruits Of
The earth. The idea of property preceded the
idea of regular government. Government was
not formed Tor the purpose of creating the
right to hold property any more than II was
formed Tor the purpose of creating the right to
live 1t was formed to protect both as prc-cXistng
rights.
African slavery was introduced into Virginia
before it was introduced into any other Of the old
British colonies. 1t was not brought there 10y
any legislative enactment. 1t came in obedience
to the common custom of CONNER .ia Europe, and
it gained permanent foothold because and only
tecauSe raS not ecciued and probiJHedb by posHicc
lar. There is no lar on tie Virginia statute J1oh
credi n St0rey. There are laws recognizing aud
protecting 1t a a pre-eXstng institution, just as
there are provisions Of the Constitution Of the
United States, which recognize it as pre-eXisting
institution. Slaves were carried to all the colo
nies, but we have never heard Of any enactment OF
h,scolenial legislatures which conferred the right
to hold slaves within their respective jurisdictions
The people of New England were extensively en-
gaged in the slave trade They sent ships to
Africa to obtain slaves, and the slaves thus Oh
tanned were brought to America and sold, not
because there law establishing the traffic
Lint there OrDlIbttIur
traffic
Ii it be true that slavery is the creature 81
legislative enactment. and cannot exist anywhere
unless it be first established by positive law, We
demand to know where the legislative enactment
is to be found which established the slave trade
amongst the commercial Nations Of Europe and
permitted the sale of slaves in every country in
Christendom where such sales not prohibited
by some positive law. We demand to know. also,
where we can find the law creating slave inSttu-
tiunS in Virginia. Mary land, Pennsy lvalia. Massa-
chusctts, and the other colonies in which they have
existed aud been recognized as legitimate inSttu-
tions. We say that no such laws can he found
There was no need Of such laws. The absence Of
prohibition was. of itself permission for slaves
to he introduced, for in that respect they re-
-arded as other species of property. If slavery i
the creature Of legislative enactment, and cannot
exist anywhere unless it be first established by
some positive laws, why was the ordinance
use of that legislation! Why have the anti-s!a-
very agitators brought forward the Milmot Pro-
vjsn? Is it for mere pastimc that they have dis
turhel the public peace and impcriIed the public
safety? If slavery be the creature uf legislative
enactment, why was it that the Constitution for
hade the Federal Government to prohibit the intro
duc;on Of slaves prior to the year lS0S? iiow
nappens it that the inability Of the Federal Gov
crnment to prohibit the slave trade enabled the
slave dealers from New England to introduce slayc~
into every State which had not prohibited their
Introduction by some positive law? These ques-
lions cannot be answered on the superstition that
slavery is the creature Of Legislative cn0ctments
and cannot exist anywhere unless it lie established
by some positive law. The facts Of history hcnl
out such assertion, and we challenge -ur adyer
sares to produce their proof.