Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-01-28

same law OF common sense ~
For the National Era.
THE LEGAL TENURE OF SLAVERY
LETTER x.
COLONIAL AND SUBSEQUENT LEGISLATION
FAILED TO LEGALIzE SLAVERY ESTI-
MONY OF sLAvEHOLDING JURISTs.
CONTINUED
To the Friends Of Ansrican Liberty.
In proof Of this now bring forward the
testimony Of slaveholding jurists. And the first
witness shall put on the stand, (strange as it
may seem,) is the identical Judge Matthew'S OF
Louisiana, whom have just now cited as af-
frming the doctrine that Slavery can exist only
by municipal law, and applying the doctrine
for the liberation of the slave.
In the case Of Seville u.s. Chretian, Septem-
tember Terns 1917, Is Martins Louisiana Re-
ports, ATS; Wheeler's Law of Slavery, p. l5
American Slave Code, p 264 Judge Matthews
admits the absence Of any Legislative act If
Europedn PoWers .forthe introduction Of Sla-
gerry into their american domin,ons1 He
sadds: II tie record Of any such act EXISTS zoe
haze not been able 10 find any trace of it,
After tracing the historical origin and progress
Of the African slave trade from Charles V and
his patent to one Of his Flemish subjects, down
to the landing Of the cargo Of the Dutch ship
on James river, he proceeds: This is the first
origin Of the Slavery Of the blacks in the British
American provinces. About twenty years after,
slaves were introduced into New England, and
it is believed that Indians were at the same
time, or before held in bondage. The ABSENCE
of any act or instrument Of GOVERNMENT
under sohich their Slavery ORIGINATED, Is
not a matter Of greater surprise than that there
should haze been NONE FOUND AUTHORIZING
THE SLAVERY OF THE BLACKS" 1T
is an admitted principle that Slavery has been
tolerated in all the Colonies established in
America by the mother country--not only of
Africans, but also Of Indians. No LEGIsLA-
TIVE ACT OF THE Colonies CAN BE FOUND IN
RELATIos TO IT'D
This is certainly very remarkable language
from the lips of Judge who was about deci-
ding case against claimant for freedom--a
Judge too who has declared that Slavery can
exist only by the force Of municipal law and
in State in which it has also been decided
that prescription" Tor lapse of time) lis never
pleadable TO claim Tor freedom and that o
man cannot be reduced 10 Slavery, IA any man
ner whatever ON account Of The length Of TINE
he may hare been held an serUiftden** Putting
these three concessions together-viz I, the
iupossiphity VI icShuhius ciuvcry Wtnout iocui
positive law; 2, the absence Of any such law;
and, 3, the imposibiity Of legslizing Slavery
by the length OF time in which its vi6nims may
have been held in servitude--the aI6Dnte IL
legality of American Slavery follows, of course.
Judge Matthews evidently felt himself pressed
with the difficulty, and labored hard for found
alton to stand upon, while giving judgment
against claim to freedom. la the case before
cited, he liberated slave. 1t il charitable to
believe that he would have willingly liberated
in this case Likewise. But he was in a com
munity Of veholders--probably stakeholder
himself What could he do? The case Of Ma
RE Louise he could dispose Of, by her liberation,
without affirming the absolute ilIegality Of
Slavery Not 80 in the pre-; ent case Yet con-
science and self-consist,ncy were pressing hard
upon him. How could he decide that any per
son was legally a slavel On that pom, his
mind evidently Iaborcd. Aud how Oil be dis
pose Of il!
Was it by openly recsnting his q. inn, that
Slavery could originate only in posi''s lawf
No. Did he call in question the dccisi i that
length Of time in servitndc does MI ! galize
Slavery? No. Did he plead the legality Of
the African Slave Trade, and make tins the
legal basis Of Slavery No. He lo,k q over
the whole ground, but said plainly enoug that
he could fnd nothing there Did he plead the
acts Of European Governments No. He
said expressly that no could fod no trace OF
them. Did he find Slavery legalized by Colonial
Legislation! No. He found 1.-THE absence OF
any act or instrument Of GOVERNMENT lazy
Government under which their Slavery origin
ated n-a none authorizing the Slavery of the
blacksn Did he find Slavery legalized by the
Articles Of Confederation BY the Federal
Constitution By tho State Constitutions, old
or new? By any acts Of legislation since the
Revolution BY any o,her public records or
acts? No! Nothing Of the kind How eagerly
he would have grasped Mt anything available
in that direction we may Judge, when we look
at the plea he did after 10 much laborious re-
search, settle down upon.
cannot spare room for an exhibition Of oil
tho efforts be makes to find the origin Of legal
lied Slavery, but gives up, in despair. In " the
granted privilege BY the Emperor, Charles )" he
could not find {" the first introduction Of Slavery
into the New World, y for il " was intended as q
means Of enabling the planters to dispense with
the Slavery Of the Indians by their European
conquerorsp And he does not intimate that
their Slavery was legal. He finally settles
down upon this conclusion:
However we are Of opinion that il mag be
laid down as legal axiom, that in all Gov
ernments in which the municipal regulations
are not absolutely opposed to Slavery, persons
already reduced TO that state may be held in
IL; and we also assume, as first principle, that
Slavery has been permitted and tolerated in all
the Colonies established in America by Eu-
ropean Powers, most clearly as relates to the
blacks and Africans and, also, in relation to
Indians In the first periods Of conquest and
colonization. n--Wheeler, p. IS. American
Slave Code, p. 26s.
~ Judge Porter, in Delplaine Devise IA Mar
tins Louisiana Rep, $780, Wheeler, p. lol Slave
Code, PIP. 266-7.
At Woodsonville, Ky, a few days ago boy
is years old ran two miles in fifteen minutes
A raseiz recently told his audiancn in R.,sfon