The Kansas herald of freedom., 1855-02-24

worse, to the courts of my country; an
therefore / wish to come to the examina
ton of its judicial consequences with Al
the calmness and clearness of comprehen
sion which its great importance so emf
nently demands. Those gentlemen VIII
argue that slavery, sustained by the la,
of nature, may exist in any Territor,
where it is not prohibited by positive law
rely principally upon the history of tina
Institution. They say that it has been
necessary condition of civilized man from
the earliest periods; that all the most pol
ished nations of antiquity recognized ant
protected it; that the barbarian practiceC
II, and was master or slave, according t.
circumstances; that you find it every
where an element of society, but nowhere
can you find the time or the manner il
which it became such; and therefore
they argue, it must spring from an ordi
nance of nature, universally recognized
and universally binding. This accoun
of the matter | conceive to be true, a
least to a considerable extent. But thc
moral sense of the world upon this sub
ject has very much changed within tht
last one hundred years. Let us inquirt
upon what particular law of nature th'
! right of one man to appropriate the labo
and services of another without remun
Grafton rests. The matter can certainly
be analysed, and modern lawyers have
found no difficulty in arriving at tn,
truth. They all agree that slavery rests
alone, upon the right of captor to the
life or the perpetual services of his cap
tive taken in war; and with as much
unanimity do they agree that in morals
this whole principle is wrong, and ha.
been exploded in all civilized countries
and that this mode of acquiring a slave
is no longer to be tolerated. The Ian
guage of Judge Nesbitt, as reported il
the 9th Georgia Reports, is full upon this
point, and is as follows:
"Whilst it seems to be conceded by iu.
rists of all civilized countries, that the
slave trade is contrary to the laws of na.
ture, upon the principle that every man
has natural right to the fruits of his own
labor, and therefore no other person can
rightfully deprive him of them,. and ap-
propriate them against his will yet it is
also well settled that it is not prohibited
by the laws of nature. This principle of
the law of nations originated in the rights
which war was originally held to confer.
One of these rights was that the victor
might enslave the vanquished. This idea
has been exploded by the States of Chris
tendon, but obtains still among many
nations of the earth. Acquiescence in
this belligerent right for centuries estab-
lished the doctrine that traffic in slavery
is lawful commerce"
This, sir, is the language of truth, and
finds an echo in every heart. There is
no other principle but this upon which
slavery can be based and if it has been
exploded, then has the natural right to
hold slaves been exploded. Ifthe courts
of all Christendom have decided, as they
have, that this principle found its root,
not in the law of nature, but in the sell
fish and cruel propensities of man, al
the consequences flowing from it perish
with it. The history of this change in
the moral sense of man is somewhat Gu
rious. When Christianity once began tc
diffuse itself over Europe, the FIRST modi
fication in this stern principle was made
1t was agreed that a captive taken in wal
must also be pagan, or he could not b
reduced to slavery. This was the frs
step land it bears upon its front the
marks of the proselyting spirit of its age,
taken in the direction of that doctrine
which is the legitimate result of enlight
ened Christianity.
In the early history of the world, and
even down to a very late period, wa
seemed to be the normal condition o
man, and while the principle was recog
nized that captiyes should be reduced t.
slavery, under its influence the worlC
was filled with slaves. They became 81
interlaced and intertwined with every
fibre of society, that the municipal law
of many countries protected, cherished
and fostered the institution so that, al
though contrary to natural right in its in
ception, it has become legalized, and il
in reality what the Supreme Court ha
pronounced it, the creature of municipa
law. But, although it is thus kept alive
and cherished by local law based upon
moral and physical necessity, yet, whel
you undertake to introduce it into coun
try where it does not already exist, yo'
are thrown back upon the old exploded
principle, which must utterly fail to sus
tain it.
1t is not entirely true, however, tina
slavery on this continent and in thes
States is not based upon any positive law
viii not say that the very first African
slaves brought to this continent wer
brought by royal permission but Ger
tain It is that very earlyin colonial history
and before the trade in slaves had reache.
any importance, twas carried on by roya
license and charter, which allowed then
to be brought to the colonies. This wa
sanction of the institution by the mo
ther country an authority for it to exist
a positive beginning for it, which. il
some degree, meets the argument draw
from history. -.-as.-s.z.1i.s
The principle which | have laid dow
thus far is sustained by numerous au
thorities which ! shall now proceed t
adduce. They are drawn from the Eng
ilish and American Reports. andaEe con
elusive upon the point. In the America
decisions which / have selected, ! hay
been careful to take them from the south
lern States, and 10 advert to none of re
Icent date. They were all made befor
this subject of slavery became such a
element of excitement in our politics. and
consequently, entitled to the greatest con
sideration.
i The first case of decided character i
England, although several had preyi
ously occurred, was the case of Summer
set, negro slave, who had been brough
from the West Indies, and was confines
on board ship for the purpose Of beini
taken back by his master. Upon habea
corpus he was discharged; and Ler'
Mansfield said ..F.. f.--..
'The state of slavery is of such na