Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-10-21
SLAVERY THE CREATURE OF LAW.

SLAVERY THE CREATURE OF LAW.
1t frequently happens that erroneous princi.
pies, when put forth with confidence, pass I'M.
questioned and mislead the public for many
years. Even in the United States, where every
question Of the least magnitude is held under
constant discussion by innumerable writer's and
speakers, propositions utterly destitute of truth
sometimes gain currency, although they affect
the most important interests of the country
Among the propositions Of this character, we
would notice one which is generally received
in the North and Northwest relative to the
foundation of African slavery. We allude to
the assertion which is frequently made through
the press of the non-slaveholding States to the
effect, that slarery in the United States is the
creature Of Legislature enactment and cannot
ernst snylchere unless IL be first established by
some posture lap.
We deny, most emphatically, the truth ofthis
proposition; and in our turn we affirm that
sldrery IN the United States is not the creature
Of Legislature endctmentand may erist lchercrer
it's mol prohibited by some positive lap. We do
not know by what facts, or by what process Of
reasoning, those who hold the opposite belief
attempt to maintain their position. They seem
TO content themselves with naked assertion
boldly made for we do not remember to have
seen them venture on any reference to the state
ments Of history, or draw any deductions from
admitted premises to sustain the important prin.
eiple they advance. We have read and reflected
to but little purpose if they can obtain any as
sistance from the facts Of history, or from any
conclusion which can be legitmately derived
from those facts. We feel sure that every can.
did mind that will investigate the subject, must
arrive at the same conclusion that we have
Slavery existed long before the formation OF
legislative bodies, and was sanctioned by
Heaven as an existing institution, long before
the idea Of Legislative enactment ever entered
the world. The captive was held to be the
property Of the captor, and the heather was
bought and sold, long before any attempt
was made to organize regular governments.
Throughout the earth, wherever the rights Of
property were respected, property in slave,
was recognized as perfect, without the inter.
venton of positive law. Property in slaves
was regarded in precisely the same light as
property in horses, or in cattle, or in the fruits
Of the earth. The idea Of property preceded
the idea Of regular government. Government
was not formed for the purpose of creating the
right to hold property any more than it was
formed for the purpose Of creating the right to
live. 1t was formed to protect both as pre-
existing rights. .......
But we have not time nor space to discuss
the general subject of slavery. 1t is not ma.
terial to our present purpose TO doso The facts
connected with the existence Of African slavery
IN the United States are amply sufficient for
us. When African slavery was introduced into
America, the whole Of Christendom affirmed
that the African could be bought and sold, and
rightfully used as a slave. This was not the
rssult Of laws creating African slavery or es.
sablishing African slavery anywhere. 1t was
the resut Of the general opinion and common |
custom Of Christendom which, in its turn, was
the result Of the general prevalence Of slavery
from the earliest times. The right to buy and
sell African slaves, and to hold them as prop
erty, was admitted as fully as the right TO buy
and sell horse and use it as a slave. Laws
were made TO protect the enjoyment Of each as
property but no laws were made creating or
establishing the right Of property in either.
African slavery was introduced into Virginia |
before it was introduced into any other Of the
odd British colonies. TWAS not brought there
by any legislative enactment 1t came in ODE
dience TO the common custom of commercial
Europe, and it gained permanent foothold
because and only because it was not excluded !
aud prohibited by positive law. There is no
law on the Virginia statute book creating
slavery There are laws recognizing and pro.
;ectiug it as n pre-existing institution, just as
there are provisions of the Constitution Of the
United States, which recognize it as a pre-
existing institution. Slaves were carried to !
all the colonies, but we have never heard of
any enactment Of the colonial legislatures
which conferred the right TO hold slaves within |
Abeir respective jurisdictions The people Of
New England we're extensively engaged in the !