The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-02-23

I =. Va 5netoo Ut iegalized the relation
out only as regulating and changing its Incl
denis. The Judge knew better than to attemn
citing either the Statutes or the Constitutio,
OF Maryland, for the origin or legality of Ma
rsland Slavery; so he goes back to the oil
thoman) civil law, and to the feudal law, lone,
existing In Europe, but never in America) fol
their origin. Nothing of "local municipal
positive law" can be Iredicated Of these; and
consequently nothing that could legalize Sa-
very, the creature ONLY of municipal law
After all, the Judge finds that Slavery cannot
depend exclusively either on the civil or feu.
dal law" yet he consoles himself with the
conjecture, that perhaps 1t may rest in part
upon both" subject to such legislative rsgula-
ticn as shall prevent the inconyenient definition
and limitation of Slavery to those less rigid
standards. The legality of Slavery being thus
according to Judge Johnsop) involved in doubt
and uncertainty, be was bound to decide in
favor of liberty, according to the common
law maxim, whenever the question CT Gber-
ty seems doubtful, the decision must be in favor
of liberty"
| shall cite but one instance more. In the
case of "The State Us. Waggoner, April Term,
1884," the Jud said: They (Indians) have
SO long been recognised as slaves in our law,
that it would be as great violation of the
rights Of property to establish contrary de-
csion at the present day, Gs ii would IN the
case Of the africans, and as useless to invesli.
gate The manner IN tohioh they originally LOST
their freedonl.n-l Halstead's New Jersey Re-
ports, 374-476; Am Slave Code, p. 265.
la this New Jersey decision, the more liberal
and righteous doctrine of the Southern Courts,
that prescription is never pleadable to claim
for freedom" is entirely set aside Prescrip-
ton, or length of time, is made the only found
alton of Slavery Nothing is said of statutes,
laws, constitutions compromises, or under
standings of any kind-no.hing in the shape OF
local. municipal OR positive law in any pos
sible form The plain, unvarnished PROPOSE
ton is this: that long-cortinued practices,
achatever they may lie, are entitled to protec-
ton, and constitute law, unless special statutes
abolish them. If this be 80, then legal sci
ence," "common law and so forth, are mere
phrases without meaning.
My main object In this letter was to show
that there were no statutes creating the rela-
ton of Slavery during the colonial period.
have proved more than this, by the testimony
of slaveholding jurists Themselves one of whom
testifies that there were no such statutes in
1897, and the other, that none could be found
in 1917. In the proper place shall produce
further testimony from slaveholding statesmen,
and from the Federal Courts, affirming or ad-
hitting that no such statutes could be found
in 1850 and 1853. But must first show the
illegality Of Slavery from considerations and
evidences of different character and earlier
date. WILLIAM GooDELL.
History Of Slavery and AntSavcry, 70.
10 An old subscriber in Indiana, in re-
newing his subscription, furnishes little Cos
sip, which we are sure will interest our read
ers--Ed. Era.
NORTH MADISON, Ia, Jan. IL, 1854.
Mr.. Hoyte was the first man that intro
duced me to the Era, and right glad was, as
it is just the kind Of a paper | wanted |
like your London correspondent, as he wishes
to conciiate and create q good feeling between
this country and England. | think made
something from reading his letters. had a
good crop of wheat, and, as he said the Eng
llsh and French wheat harvests were deficient
| held on till got dollar for mine.
MIR. Greeley gave us a fine address at the
State Agricultural Fair, and Senator Bright's
paper, and some other Hunker Democratic pa
pcrs, abused and misrepresented him for his
pains. To show my respect for him, ] have
joined club in Madison, who get the semi
weekly Tribune at 50, and have dropped the
Madison Banner, that is afraid to say word
against Slavery, and the Cincinnati Central
Herald, one OF those religious papers that do
great deal of harm, by preventing people
from subscribing to papers like the Era, that
do so much good. I take the Free Democrat,
and support the Madison Courier, because Mr.
Bright attempted to put it down, for its Free
Soilism.
You have eleven readers in my family, three
sons three grandsons, three daughters, and
the old couple. As | give them plenty of Free
Soil papers, | have no doubt that they will all
vote right, when an opportunity offers But
am sorry TO say tina. do not know a single
lrishman oat Of my own ftmily that takes a
Free Soil newspaper, or that voted for Hale and
Julian. The Catholics 20 almost in body
with the Old Democrats. Some of the Orange
men vote the Wing ticket, because the Catholics
vote the Democratic They hate each other
for the love of God! 1t seems to me strange,
as all the leaders in Ireland were Abolitionists
have a list of toasts that were drank in Bel
fast, on St. Patrick's day, 1917; the second
toast is as follows:
Civil Liberty and Political Independence to
the People oil every cline and of every COLOR
And o Connell was so much opposed to ne
gro Slavery, that he returned some money that
was sent to him from Shareholders and he al
ways headed his addresses from the words Of
Byron: Hereditary bondsmen, know you not
who would be free, themselves must strike the
blow" And the Catholic Bishop, Dr.. Doyle,
when writing against the 1.-THE system always
headed his letters with the words, "Irishmen,
may your hatred Of tithes be as lasting as
your love of JUSTICE
1t appears to me that their love of Justice
does not last long after they cross the Atlantic.
DR.. nj. the leader of the Unitarian party in
Belfast, was strong Aboltionist. Before Mr..
Folks election | wrote to my brother that
had built an addition to my house, and had
hung DR.. Ms portrait in the centre of the
fireplace, and one of Washington on his right
hand; and that when Mr.. Polk was elected
President | would hang his on the DOCTORS
left He told my brother to say to me, that he
did not think Mr.. Polk was fit company for
him, as he abhofred stakeholder. Well, the
DOCTORS son came over to New Orleans, and
settled in the commission business, and got
married to a rich lady, the owner Of thirty
slaves; and my brother wrote me- last summer,
that he and his wife were expected over on a
visit to his father, and that the doctor. who
abhorred stakeholder, was getting the house,
green house, a1d garden gates, painted walks
gravelled, meeting house and everything put
in tip-top order, for the reception of the slave
holder and his lady
John Mitchell, the escaped Irish convict is a
son of the late Rev. Mr. Mitchell, of Newry,
another Unitarian clergyman. | have heard
him preach and have a volume of his sermons.
He was mild, good man, an Abolitionist, and
opposed to repeal Of the Union, from interest
and principle, for he had f1OO year, .regium
donunl, from the British Government, besides
his stpends from mis- congregation. | think he
died before his son joined the repealers. Young
Mitchell, as one of his neighbors tell me, studied
law while, and then started the United Irish