Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1856-05-10

engaged in the slave trade; third, whether, if
she were French, and engaged in the slave
trade, the court was bound to restore the pro-
perty TO France without further inquiry. In
the course OF the judgment, the right OF vista
ton, search, and seizure is discussed and as
serted; but the great point of the case was that
which arose under the third question, whether
the African slave trade was contrary to the law
| OF nations? 1t was held TO be so, on the ground
that it carried with it "a breach of all the moral
duties, of all the maxims of justice, mercy, and
humanity, and of the admitted rights which
Christian nations now hold sacred in their in
tercourse with each other" On this point the
Judgment proceeds as follows:
Mr.. SEWARD here read and commented
on the judgment, and proceeded to say:
| Sir, have shown that Judge Story, alike an
ornament and an expounder of the laws of
nations, as well as of the public law of the
United States, in this case pronounced this
decision. No case to the contrary has been
found, or will be found, wherein this opinion is
declared to be otherwise than in harmony with
the law Of nations. / need not say that
even if our own courts had failed to recognise
this principle, it would stand on the general
nations in Christendom. There may be indv-
dual exceptions; but the general fact is, that
the nations of Christendom have, long since
the time OF Justinian, and chiefly within the
last one hundred years, come into conventions
by which they pronounced slavery unlawful by
their municipal laws, and agreed to condemn
it; and many of the States of Europe agree to
pronounce 1T piracy, punishable as an offence
under the law of nations, while we ourselves
have concurred in pronouncing it piracy bnt
have reserved to ourselves the right of jurisdic-
tion in Furnishing the offenders among our own
people. This is all that it seems to be neces-
sary for me to say on the present occasion
Mr.. BENJAMIN. Mr.. President, it is not
my intention to continue this debate. have
seen in my day, in court of justice, a defeated
advocate resort to many a ause; but never
saw display, even by an advocate before a
jury, equal to that which has just been given to
US by the honorable senator from New York
What did that honorable senator start out to
prove? he first commenced by ridicuing my
| quotation Of an authority of the time of JUS
tinian, although / passed it to him with the
remark (when he suggested the fact that here
was the doctrine of the law of nations in ancient
times) that here also was the latest law on the
subject, and that both established that his pro-
position, that slavery was an outlaw under the
law OF nations, was wrong. He gets up, sir,
and, instead OF openly avowing before the
Senate that he was wrong-as he now knows
declares that he is going to prove, by reference
to the decisions of the Supreme Court of the
United States, that he is right. How does he
prove that? referred him to decision Of the
Supreme Court of the United States given in
1925 by united court, Chief Justice Marshall
the organ. He replies by given me the decision
of a circuit Judge in 1922, three years earlier
and he reads from book compiled by the son
OF that judge; and if he read few lines further
he would see that the author admits that his
fathers opinion was not sustained by the opinion
of the Supreme Court Of the United States, and
that it was not good law, but he hopes it will
be so some day. Here it is. This book is not
a law book. 1t is "The Life and Letters OF
Joseph Story, by his son." In it the author
says.
"This opinion was altogether in advance OF
the morals of the time. Broad and Just as are
the foundations on which it is built. it was
nevertheless in contraventon of the doctrine
held by Sir William Scott in the case of the
Louis, r Dodson's r. 2l0, decided in the year
1917, and by Justice Bailey and Best, in the
case of Madrazo Us. Willis, [3 Barn. and Aid.
R., 353,l in the year 1920"
"The doctrine asserted in La Jeune Euge-
ME
which the senator has read
was not fully recognized by the Supreme Court
of the United States in the subsequent case Of
the Antelope, 10 Wheat R., I'll l.
that is the case from which read
but its declaration by my father was an advan
cling step in international jurisprudence, and il
is to be hoped that the time is at hand when il
piH be the acknowledged lap Of nations"
Now, what is to be said to that? While ]
am upon this subject, may as well refer to the
volume of Justinian. AS the senator from
New York remarks, the volume was passed 10
me by the senator from Georgia, Mr. Toombs, I
who called my attention to the subject, and |
find that it is badly translated Here is the
original:
Serritus est corStttutio .1uris centrum, qua
quis dominic dlien0 contra naturdn subjicituy
-Servitude is a constitution of the law of ma.
tons by which person is subjected to the do.
minion Of another against nature"
Is il necessary for me to pursue this subject
further, and TO answer the entire TRADE which
the gentleman has given and read in relation
to the horrors Of slavery? for that see--s to be
his true object in getting up. He surely did
not expect to deceive himself or the Senate,
by the declaration made in his opening, that
4
ions Of the Supreme Court of the United States.
and then citing the decisions Of one Judge
given prior to the decision which had cited
and confessed by the author who narrates il 10
have been oyerruled by the subsequent deci.
sion. II is idle 10 pursue this subject further.
The principles are too plain to be controverted.
: Mr.. HALE commented upon the admission
Of Mr. BENJAMIN, that the national wings and
democrats agreed on the slavery question, and
proceeded TO say:
desire to say another word while l am oc.
cupying the floor, as ! do not wish to speak
again on this Kansas question. hope that |
shall not do so, and ] have no doubt, Mr.. Presi-
dent, that you hope so too. ! certainly shall
not speak on it again unless ] am provoked to
it. WhileI am up, however, desire to say a
single word in regard to another speech that
was made on the other side Of the chamber. a
very considerable portion of which was devoted
to me and to some friends who sit near me,
personal in its character altogether cannot