New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-30
NETWORK DAILY TRIBUNE MONDAY, JULY 81, Io00.

cases already nthuOhe1' a iis' VI sHt"- 20 s''oH
in Mr.. Goodells weil-kno IN work the "Ameri'
" con Slave Code, !" from vi ich we quote;
"Nerie Loui.e We Marriott 81 al. Nay Term, 1896 -
Louisiana ReJort- 49, Wheeler's Law Of Slavery,
a4s Also SANE trir ciple in Rankin Lydia Fall
Term. ls.O; Mar.hsls Kentucky Reports, 40;
Wlee,er 800. Al-o in Lunsord -. Coz ulon, May
Term 1894. IA Martens Louisiana Reports. sol
Wheeler 8. 355. See 6so II afvy and others - De- K
cr and Hopkils, Jure Term, l-l.; Walkers Miss Rep
g.: Wheeler, 70. 3i0-C. See also Commonw attn OF
Massach use tie W Thomas Avcs Aug. 1896 Wheeler,
H. .fs and Story's Conflict Of Laws % 81.
An these affirm that Slavery, being without ioun-
dalton in nature, D creature Of municipal law and
exists only NJ der lis jurisdiction. IN the case hrs
rertor ei M ne Louise v. Marriott ct a. IN which
tie save had been taken 70 France by her master and
brought back to Louisiana, Judge Matthews said:
BENZ free for one moment IN France Il pes not ~
ne Po'cer Of he former 0rner 70 Tfa"es nsT dsqiH
to Slorery.f Wheeler 2. 1885, Am. Slave Code,
~" Harry and Others W. Decker and Hopkins June
Tenn: Walkers Miss. Rep So the Court said: Slav-
'ery is condemned by reason and the laws Of nature
'Te4f sts and can OSLY eTia through Municipal reyu-
lafions wheeler, PIP. 3iO-6.) Am. Slave Cod, 26i.
Such was the Southern doctrine aud such
were the decisions Of Southern Courts until
since or about the time Of the passage of the
Fugitive Slave bill. II was during the discus
zion Of that measure that Senator Mason of Viz
einia objected to the amendment proposed by
Mr. Dayton, providing for jury trial Of alleged
fusitiyes, that such process would require
legal proof that Slavery was established by pos
tive law in the Slave States, and, added the
Senator, "No such law can be produced, ap-
"prehend, in any of the Slave States"
This astounding announcement, backed up as
it soon was by Mr.. Boyly Of Virginia, and sus-
tanned by quotations from John c. Calhoun, aod
from the same judge Matthews who had de-
cided, as is stated in the above extract, thai
Slavery could not exist except by force and un-
DER the actual jurisdiction of positive law, ap-
pears to have unsettled the entire South as to
the legal foundations of their system. In short
time the world Witnessed perfect somersault OF
the entire concern Instead Of beng "pecu-
"liar Institution founded on peculiar and local
regulations, Slavery is now assumed to be the
natural condition Of society aud sla7eholdlng Is
claimed as a natural right. Maryland, to be
sure. as late as 1910, had tried her hand at the
manufacture of Slavery by positive Law, aware
even then rs it would seem tina, her own code
up to thst date bad failed of furnishing for 1t a
firm basic. Perhaps it was the failure OF that
attespt that has contributed TO drive all Slave
dom into the deInier resort of establishing
bondage upon the basis OF Natural rignt-Ot
universal, common la ~ The suit OF Nirg mia
against New. York is evidently enough an affirm
alton of that principle. So is the claim OF
Col Wheeler, and so the infamous decision OF
Judge Kane During the debates on the Ne
braska bill, that atrociOas measure was defend
cd on 10 other basis. 1t is now, with little
except on, the ground of the entire South.
Well, let them staLd there if they believe 1t IS
safe for them, and on that ground let the n be
met. But let it not be fOrgo ten thai it is a
totally new position which they have thus
assumed. When cases like those Se have re-
ferred to come into Court, or are brought before
the high tribunal Of public inspection and revis.
iop, let it not be forgotten that these a1dacels
claims are rectly in the teeth aud eyes of all
Southern as well as Northern jurisprudence,
until within very brief period. And let it be
remembered TIA, by abjuring municipal slavery,
tire claiman stan on the basis o. natural right
al