Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-01-27
For the National Era.
THE LEGAL TENURE OF SLAVERY.
COLONIAL AND SUBSEQUENT LEGISLATION
FAILED TO LEGALIZE sLAyERY-TESTI-
M0NY OF sLAvEH0LDING JURIsTs.

COLONIAL AND SUBSEQUENT LEdlSLATlON
FAILED TO LEGALIZE SLAvERY-TESTI-
M0NY OF sLAvEH0LDING JURIsTs.
To tie Friends Of american Libsrty.
have now shown the illegality Of the Afri-
can slave trade, and examined the legal tenure
Of Slavery, as derived from that origin have
shown that the Slavery thus illegally intro.
duced, commenced and grew up in opposition
to English common law, and without any legis-
lative enactments creating it.
have further testimony to adduce on that
subject But, before doing this, it may be proper
to add that, in GEoRGIA, the introduction Of
Slavery was in direct violation Of the munich.
pal local law, which expressly forbade il.
The settlement Of Georgia was commenced
by Gen. James Oglethorpe, in 1888 The trus-
tees, to whom was committed the authority Of
civil government, under the charter, strictly
prohibited Slavery, and "declared it to be not
only immoral, but contrary to the laws Of
England."* Slaves were, nevertheless, intro
duoed, first under pretence Of hiring them for
short periods, then for hundred years. or
during life, and q sum, equal to the value Of
the negro paid in advance; and. finally, slaves
from Africa sailed directly to Savannah, and
Georgia, like Caroline, became planting State,
with slave labor Gen Oglethorpe therefore
abandoned the Colony in disgust, and was after
wards acoadjutor Of Granville Sharp and wrote
against Slavery, giving an account Of tho illegal
introduction Of Slavery into Georgia.t
repeat the inquiry-when, where, how, and
by whom was American Slavery legalizeda
II will be remembered, that in the early part
Of this discussion Letter III it was proved that,
according to numerous decisions, oven Of South
ern judges, there can be no legal Slavery, ex-
cept by force of local municipal law, insomuch
that when n slave was by the consent of his
master, taken out from under the jurisdiction
Of tho local municipal law that eDslayed him,
it was held that he became legally free, and
could not, if brought back, be held AZ slave.
Thus, in the case of Lunsford vs. Coquillon,
MAY Term, 1924; IA Martins Louisiana Rep,
4Ol; Wheeler, p. $3.50 Judge Martin said
The relation Of owner and slave ia in the
States of this Union, in which it has LEGAL
existence, the creature Of MUNICIPAL law.nI
In the case of Marie Louise vs. Marriott ct
al, in which the slave had been taken to
France by her master, and brought back to
louisiana Judge Matthews said !" Being free
for one moment in France, it was not in the
power Of her former owner to reduce her again
to Slavery" Wheeler's Law of Slavery, p 349;
Slave Code, p. 262. Also in the case Of Har-
vey and others, Us. Decker and Hopkins, June
Term, walkers Mississippi Reports, 49, the
court said: @Siavery is condemned by reason
and the laags of nature. II erists and ca,, ONLY
ernst through municipal regulations" Wheel
er's Law of Slavery, PIP 340-6.
There have been similar decisions in Geor-
gia ("American Slave Code" p. 262) Yet
Slavery, as we have seen, was introduced into
Georgia in direct violation and open defiance
&c ~. Ioxr c,~h.II,rr
Henry Clay expressly predicated the Legal
said, "That is property WHOM the law declares
to be property" In what followed, he repeated
and explained the same principle, though the
alleged historical fact, as we have seen, lacks
confirmation. 1.-TWO hundred years Of legisia-
tion have sanctioned and sancti6ed negro slaves
as property Nothing but express Legislation,
according to Mr.. Clay, was the basis Of legal
lied Slavery, and he assumed that there had
been laid such a basis by express legislation.
But this is an unfounded assumption. There
has been legislation enough, to be sure cruel,
wicked, bloody, oowardly legslation,T in MD
of the STAKEHOLDER, and against the slave. But
this has been only in q way Of regulation or
enforcement of relation assumed, or taken
for granted, as having been previously legal
lied, when no such event had taken place.
Wilson's American History, p. 2e2.
Ib. p, 265.
Stuart's Life Of Granville Sharp, p. 81.
S"American Slave Code p. 90.
The same principle was affirmed by Judge Payne,
Of New York, in the Of the slaves Of Mr.. Lem
mon, and, though the Virginia Governor makes a
show Of contrasting tho decision the Southern courts,
and portion Of the Southern press are against him
4 Soc American slave Code"
THE MEXICAN TREATY.-Thcre is signif-
cameo in the following, from the pen Of the
well. informed "Ion,n of the Baltimore Sun.
He says:
aGeneral Gadsden has arrived here II is
rumored that the treaty has been under con-
sideration in the Cabinet and that it has not
yet been determined to send il to the Senate
10 is said that objections are made 10 the treaty
on the ground that it allows too much money
for so small tract Of territory.
"Thcn again, on the score of economy, Il IL
to be considered that tho California flibustcrs
will soon take possession Of double the guam
tity Of territory, free gratis Gen. Gadsden
could not persuade Santa Anna to yield Lower
California, and, perhaps il may be thought
best to wait till we can obtain il by cheaper
means than purchase.
But, notwithstanding all these consijera-
tons, ] have no doubt that tho treaty will be
sent in, and that il will DO ratified.
"But this is not to be considered as the best
acquisition Of Mexican territory that il to be
made, even under the present administration"
A SAD LESSON melancholy statement OF
tho end Of Mr. Patrick ODonohoc appears in
some Of the papers Of the day. He died at
Brooklyn, on Saturday last, friendless and
almost alone" and was buried by few
g friends OF the cause y f,r which he had been
banished. His wife and child arrived ut New
York on Saturday, but did not find him until
his eyes had boon closed in DEATH Have The
gettersup Of banqucts and foasts Of welcome,
and other convvial receptions nothing to cen
sure themselves for in this connection? Mr..
ODonohoe, we doubt not was man Of abili-
ty and intelligence but how sadly was no be-