The Kansas herald of freedom., 1855-06-30
Pro-slavery correspondenoe.

PIo-Slavery correspondence.
We give onthe fourth page of the HER-
AID OF FRgEDoM this week, an original
article of three columns from Mr. CHRIs-
TIaS, of this place. as rejoinder to our
remarks of May 18th, statingthat slavery
existed in Kansas ia violation of faw.-
Our assertion at that time was but re-
newal ola former one, "thas slavery does
mol aud cannot exist in the Territory. in
the absence Of positive municipal law,
other than by the law of might" We
introduced the Sommerset case in confr-
nation Of the convictions to which we
had arrived. lIr. CHRIsTIAN does not
controyert our proposition. only the ar
guments. with which we attempted to
maintain that proposition. Every argu-
ment of bis goes to sustain our assertion
that slavery does not exist in Kansas asa
legal Institution, and he goes even further
and says it has no law TO sustain it in the
slaveholding Safes, and tha. it is but a
mere police regulation.
Fit is true chat slavery is not sustained
inthe states "by positive municipal law. !"
if the time shall ever come when the Su-
preme Court of the United States shall
boast Of independent jurists who can
disengage thecobwebs which have defled
the robes of Justice, and like Lord Mans
field in the Somerset case give cor
rect decision. as in the instance to which
We have alluded, then the whole system
of wrong ani oppression in America,
sanctioned by the usage of centuries, will
be erased at one fell swoop.
We are glad of our friends position.
and we refer to it with pride as an able
argument on the subject. Were mem
Der of the legal profession in Kansas. to
sue out writ of habecs corpus with the
purpose of securing the freedom of per-
son improperly held among us asa slave,
he would deem the principal law and ar
guments used by Mr.. Christian as valua-
BILE to prove the converse of the PROPOSE
ticn which Mr.. C. apparently attempts to
establish. Mr. G. desires to make it ap-
pear that slavery is legal institution in
Kansas. and yet shows that there is no
municipal law upon the subject. Legal
isdefned to according to law" How
then can that be legal, which is not in
accordance with law?
81 have shown" says Mr. c., "tlnat
ne State or Nation has ever established
slavery by positive law, but only recog-
nized itsexistence as police regulation. .
In Kansas there isno "police regulation
on the subject. The Supreme Court O
the United States. in Priggs vs.. The
Commonwealth Of Pennsylvania, Is Pc
ters' Rep. $50, declared that a state o.
slavery was onaere naunicipal regulation.
founded upon and liuaited to the verge o.
the territorial law IF this opinion o
the Court is correct, then where is slav.
cry in Kansas? and If there is no munich
pal regulation in the several slaveholdins
States on the subject, what will become
of the institution when the true prinei
Piles of law are applied to all classes oi
the American population?
1t has been very correctly remarked
by another that SLAVERY caaao, possibly
be iegalized. In its very nature it is in
capable of legaliza.ion. The standard
writers on common law affirm the i'm
possibility of legalizing slavery, even by
positive municipal law. They declare
the right to liberty to be inalienable, and
that statutes against Fundamental morali-
ity are void. See Coke, Fortescue,
Blackstone, dc.
The nature of civil government and
civil law. as defined by all standard wri-
ters on the subject, proves it impossible
to legalize slavery. To secure mans
inalienable rights. governments are in
stituted among men, And consequently
they can have no lawful Authority to vio-
late the rights which they exist only t
protect. The protection of human right:
necessarily involves the prohibition aae
suppressing of ofslaveholding. Having nc
legal authority TO violate mans natura
rights. governments can delegate nc
such authority to Others. The power:
of civil government are limited. Blu
they would be unlimited. if they could
have the authority and the power to le
galize the enslayement of their subjects
ALL the declarasions-and they have
abounded in all civilized nations ant
aSes-that all men are created equal. tha
all men are entitled to personal liberty
and that governments are formed for the
protection cffights. are so many declara
tons that slavery is incapableof legaliza
ton. All the venerated definitions of iaa
go to the same point. Whatever is Just.
says Cicero. is also the true ia.o. nor cal
this true law be abrogated BY any writer
enactments. Blackstone says. ..Muniei
pal law is properly defined to be rals
of civil conduct prescribed by the su
preme power in a State. commanding
what is RIGHT and prohibiting what i
WRONG Wisherspoon says: .Poli,ica
law IS the authority of any society stamp
ed npon moral duty And Jacobs
law Dictionary says. Law is the rule O
mems $ actions, or it is rule for Che vel
government Of civil society, to give e