The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-27


sn-As tho constitutional defender Of the people Of The
State Of New York In the courts Of Justice and the legal
adviser Of the officers Of State. suppose II deyoves
you 10 appear behalf Of the eae In the matter Of the
Lennon slaves which comes before the Supreme Court
cf this district week In common with I'll citizens
OF the State New York feel an interest in the question
to be decided In that Permit me- therefore, 70 pre-
sent such considerations 0 may be able bearing upon
the question, whether they shall initiate the side
the other In comnunicatOn not long sinoe address
ed 10 his Exceercy the Governor, this same question:
urable in its short compass TO dwell a& length the
matters involved In this affair between State and the
State Of Virginia. hence am DESTROYS to add 10 what
said that occasion the following views This case
Of public concern, and consequently open 70 publc
discussion. avail myself, therefore, Of the opportu-
nifty to give publicity to what conceive to DO
the law end the relations of this important
The syttem Of slavery in these United States, in in
bearings upon ethical and political ec0uomy-n its
poets both and religious -and % substantive,
operative socai element has Of late years received
TONS and, deed ali the circles of society. In it,
legal and governmental constitutional relations also,
II has lot been without careful observation By many
etAee men; but strange as II may appear, pubogt
has given more than passing examination or imper
feet spaysis lis relations In this government however,
are et mental, FUNDAMENTAL and demand research too
Labor and comprehensive for tho brief performance
Of fugitive essay or letter. Its importance Ii worthy
OF that time and talent which ,boud be able to devsiope
It's nature and influences, and elaborate volume. II
may be 70 look IL origin and territorial extent
the period when sns people became a. Independent
came subject and to what limits rec uced, any BY the
action Of the new government, whesher under the
1887.
since the earliest settle ment Of the country slavery
dencs meets our researches among the archives and
leo When the hr:: slave ship landed III, i:
slavery spread all over the land. and became an
institution. 1ncg its way into almost all families and 90
the South Allie contributed 10 its support and Continuance
The African in his bonds worked the soil well OF New
Epgland Of the temsns of the South. know not
whose subjugatng grasp was the greatest, whose
treatment Of The bondsnan was most mercifui and hu
caro- not 10 inquire whether In the earlier days
OF ~ existence here under the proprietary provincial
Governors the slave most cared for BY the descend
ants OF the court cavaliers Of the times or the First and
rss Of The period q The rrossctoass Of during
the wean since, In tn inquiry. not In the
The habits and domestic regulations Of either royaiss or
roundhsad listen mot with pleasure either TO tho g M
eel t.ssG q conveasIs or the noisy ,umut Of tho ca
Tousal. have NO afloty for the feelings which lead
On this continent the African race mainly has been
tribes q earth which have found dwelling place on
these shores, 1t alone s now PROSTATE and wearing
the system has By long usage, undergone many modia
cations and s adaptations have keps pace with the
mercia agricultural and social wants ana necessities Of
the umes In the South Is claimed that the treatment
Of tho African in the main Is 70 humane and mingled with
such measures Of mercy to snue the institution 70 the
that wtie tho 81 stem listed there = high humanity
generally hed sway among men and the proee stems and
and sufs,inss and With tender ssct,on bound up tSs
wounds Of bis moral nature. Whatever may DO their re-
spectve claims In this behalf and whatsoever may be their
comparative differences, any, In matters-O mercitul
usse and kindness, 10th have been at some period,
alike supporters Of the y sem viii NOT attenpsto do
eide hich section Of country most 70 blame In the
matter The irasnsns OF The slave am no apologist
Tor ether one or the other The has poaceaby sbol
ns S SoS 70 ne the
its juc ement
DuriDs tho long march fyta, ormors .hsn century
munity was esAabkheo instituted and unbroken
tom, The Tceuit Of unsnmoas and conssnt. and
halls Long usage wss hsn the hw and nesc Cd no 70.
cord In the sta ute book Astasuts ID nothing more than
Or uo %
rule becomes the common law, and can BE- gos nd o.
thus slavery obtaiped and oane be civil institution
lawful ressior-on This side the Atlantic needed
and more ment this continent. stands time worn
nonumsnt ancient usage In all the pssvuoes, In Ill
french or srsn.h suhosi.y .hss juss As
Without pos Tive legnaaon Constitutional stipulation
as any that the common Law has reared In the parent
lends, and which the gone centuries eft standing
Slavery was pot indigenous In England and ts trAnspan
tAcn 10 her homo soi mss with immediate e.sdica-
noS0eo
cent ~ thai In New EoslAad and tho southern
n met WITH ne emf. az s san
Law. spd lord Mansfield would have been bound 10 re.
nand the slave 70 HE claimant Bat here In this country,
imbsdded. lie firmly CONNECTED foundations be up
beaved only by ne force Of posve and drer enactment
hes 5000 claim 70 exsesce a. any usage In Eoeapd Or
the United stass deriving IL support and protection from
The eemmcs law and oeosrs all written grants OF Iessa
Eap N 0pdr las
for H. but rather 70 NM posuive written law Against "
slavery met with NO oSstruciicn this side the great
the American soi either rsular or Confidential from i
earliest inception 70 tho GAVIN Of tho days OF this epub
port H. in town and country Il went with The settler iso
the wilderness and sboce With him In his forest home
.ss not limited 10 ~ extent BY the law Of man, BY
geographical lines Of latitude and longitude; s
vss not barred BY climate though delighted itself
most in the sunshine d the South and Of The tropics;
whole lasd. mus extended and thus used, Who
can eoubs the nscessy Of poshve statute consutu
Il ssr,slny io"ss a. IL wss ss ~ b.ru, .. xms,ns
sos ~ any other recognized relation II am In IN
,hs particular. hov has happened that judiciary
them and not the egb alive, DID not intervene and pro-
ncunce u unlawful IL not safe 10 say that the need
saie, 10 the highest evidence Il Ne risntul exsssnos
beref u there any Other way 10 escape from the obl
ihsp having no statutory Dir hsshs bus an orn 20 ~
bsrk 10 the past, and user extending far down the
,r,ok o uns became ksalized civil Institution, accord
ing 10 the generation Of TIE law Here propose
10 ,ase stand point and 70 ASCERTAIN possisc hoe
and WREN, - al and ever the CONAN Of slavery has
been made less and whether hes circumscrfbed
BY Ne action Of the new sovsrnmeni which folio ved the
Deolaystcn Of IncependspccS
when ale glance 10 Great britain was cast on BY the
colonies, deegases from them which henecfortn were
called the United States Of America assembled IN Cou
utss and proceedd 10 irausurste general government
On the 1eh day 81 November, Ill., In the second year
Of the Independence, shse dslerA.es Aresd %
certain sssse paper, styled articles Of ccnfedsrs
alton end perpeteai Union, In vhioh the confederAted
saies Of America, each resAsips ~ sovereignty rss
dom, indepsndt and every power jurisdiction and
right not delegated AID all Of them severaly entering
into nrm essue Of frieDdshp with each other. These
articles were sent 10 the constituent assemblies or I<eis
Aures for ratification. The thirteen States approved OF
thsm and sent delegates Phladcph 70 ray and sssn
them, which was done BY majority q them on the Oh
say July. IT'S. On ~ cxamin alton OF this paper
unable 10 nnd sny rcesy,csop Of the limits Of slavery a
existed under the ooIcAia rSoe and the new order
o. things found DO ssd, however, among ip Articles