The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-01-05
lcOPYRIsHr SECURED III rHK .urHopl
For the National Era.
THE LEGAL TENURE OF SLAVERY
LETTER VII.
OF SLAVE PROPERTY DERIVED FROM An
ILLEGAL SLAVE TRADE
LETTER VII

10 the Friends Of american LibertV:
trust | have now shown satisfaetor;Iv 20
all who have read my previous letters. that
there has never been any legalissd African
slave trade under the British flag, either during
the period of our Colonial dependence upon
Great Britain, or afterwards. 1t existed only
as an abuse. AS an abuse it exists still, not
withstanding the prohibitory act Of 1907; but
it has never been legal, either before or after
the date Of that act. 1t was in reality prohib-
tied, both by the permit of Elizabeth and by
the act of % George H. c. 81, though both of
them have been cited in its favor.
1t win not be pretended that it was ever Ie-
galized by any act of the Colonies The cir
eunissances alluded to, near he skga oi nv
last letter, must forever interpose bar to any
such claim. If the Colonies. passed laws against
the traffic which were vetoed by the Royal
! Governors and if this was matter of complaint
by the COlOnists, then the legality of the traffic
cannot rest upon the authority of the Colonies
and consequently it rests nowhere.
The question recurs again CHOW, when,
where and by whom was American Slavery
made legal?"
There is still another question, or another
form, perhaps of the same question, that sug-
gests itself in this place: g Is it possible that
American Slavery could, by any conceivable
process have become legal, after having origin
ated, IS has been shown, in a series Of unau-
thorized, Illegal, and criminal acte9n
John Hawkins it is admitted was ga muir
dorer and robber," and by the commission Of
these crimes, for which he would have been
hanged had Lie been brought to iustice) he
obtained his slaves And what was true Of
John Hawkins was true Of the great mass of
slave traders from bis time down to the pro-
hibition of the traffic, in 1907 No one ac.
| quainted with the facts Of the trade and ts
history will dispute this. A largo portion of
the traders hunted their victims like wild beasts,
or stimulated the natives TO do so. They cram
med them so closely in the holds of their ships
that they knew great part Of them would
die. And when the fever broke out among
them, or when they wished to tighten the shin
in stress of weather, they threw them ever
board. as they would horses or cattle. The
reader of Clarkson's H story knows that this
7 statement ia descriptive Of no rare or isolated
cases, bat is a fair account Of the general course
| OF the business, as was proved by abundant
and iLdispUtable evidence, in the House OF
! Commons
The problem for solution by learned iurists
/ is, how is it posslble-0r can it be credible
| that slaves ebtsined by this process, and with
/ out loyal authority, can DO legally held as
! slaves! It is not to lie disputed that thsy were
/ obtained unlawfully-nay, by the commission
/ Of nigh crimes. By what principles Of legal
/ science by what maz.m7 cf ciyii Jurisprudence,
/ by What aottts p0cas q -egislaaon ere these
- D. y 80 60 - 90
lence to be transmitted into slaves, legally
| held, sold, bought, and treated as s1chl The
se.ence of law Is, or ought TO be, noble, an
| intelliEible e rational science. Cen IL be
shown that, on any ecienthc principles of law,
| the victims Of such process as the African
Slave Trade can lawfully be held as slaves
| | am not declaiming against the atrocity either
| OF the traffic or the results CT it. But | wish
/ TO be instructed By some expoundcr of LAW, in
respect to the LEGAL TENURE Of q Slavery thus
originated and introduced
| Here is John Hawkins, or soma other man
| substantially like him, who brings his cargo Of
| slaves into an American port, either while we
were Colonies, Or at any time afterwards lie
| offers his slaves for sale What title in them
can be eO9Ueq, except that which he POSSESSES
! htmseBt But what title IS thatt The title of
a man who obtains his merchandise by acts Of
murder and robbery" We're it cargo Of
| horses thus obtained, the case, in the COURT
| would be very clear and PLAIN cne. The
| purchaser, however innocent and ignorant OF
the manner Of the vender's coming into uossog-
| sion Of his goods, would be told By all cur iu-
rists, that his claim was good for nothing when
| the rightful owner appeared But in q case
where the cargo consists of human beings, and
every body knows or ought 10 know, how they
were procured, the decision is reversed. They
are lawfully slaves If this be 50, let us 10
told upon what principle Of legal science the
adjudication proceeds.
| This inquiry acquires additional interest,
from the fact that the importation Of African
slaves into the United States, though prohibit
| ed since 1908, has been steadily carried On
ever since, and has not yet ceased; 60 shat per-
sons are extensively held IN slavery IA slavery
considered legal who we're brought into the
| country and sold, in y;olr5Dn of that prohibi-
ton. Are these legally ho'd in slavery! Ij9o,
| wba. Is the difference between the legal tenure
of the slave trade, since 1903, and before that
| periOdl If not, who can tell 10 how many
and which OF the sIayea arc held legally?
| The extent Of such inportGtions since 1903
is much greater than is commonly understood.
And what is still more remarkable they IN
cude slaves sieged by the authorities for having
| been imported IN violation of law
| OATClind.
| Georgia, and Alabama, have enacted statutes.
| by the operation Of which slaves imported in
! violation Of the act OF Congrcas are neverthe-
| less sold into perpetual slavery, and the pro-
/ ceeds paid into the Stat3 Treasury! X No I'M
| prejudced jurist it MAJ well be presumed,
| could do otherwise than pronounce such afro
| cious enactments to be unconstitutional and
void Having been unlawfully taken from
their own land, and unlawfully brought TO this
| country, these Africans were unlGwfuly de-
tanned in custody. In other language they
were lawfully free and those who attempted
| to enslave them were anlenable to the laws Of
| their country for the commission Of high
| crimes-the crimes of kidnapping and piracy
| Yet the victims Of these piratica acts are held
as slaves! The slave trader forfeits his life IF
the law be enforced) for the crime of bringing
| them here for sale; and yet they are lawfully
sold and possessed Here, again, the legal
| tenure of Slavery dcfes definition, and pours
| contempt upon the science OF law.
| II would be ludicrous after such disclosure,
| to plead the former legality of the slave trade
| as a foundation for legalzed American slave
holding. For, after the slave trade is prohibit
ed as piracy, its victims are held to be legally
enslaved, the same as before! 1t is all one to
the slaveholder, and to the slsvehOlding courts.
Tho "legal tenure" is precisely the same with
| them, whether TIE Importation "eie D0AO1o IhO
wear 1903 or afterwards t
Well, then, / concede 30 them the identity Of
the tenure. The one IS precisely as valid az
the other. In neither case has it eny legal
validity at all It rests on piracy and kidnap-
ping--or in The language of Mr. Edwards
THE West India historisn,) upon robbery and
morder" Il has all the legality that it can
derive from such an origin.
WILLIAM GooDELL.