Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-04-24

l. The locality of slavery, as set
tied by this court, aud courts Of the
States.
g Tho relation which the Federal
Government bears to slavery in tho
States.
3. The power Of Congress to es-
tablish territorial governments, and to
prohibit the Introduction of slavery
therein.
A. The effect Of taking slaves into
a new State or territory, and so hold
ing them, where slavery is prohibited.
| ). Whother tho return OF control
Of his master, after being entitled to
his freedom, reduces himtohis former
condition.
6. Are the decisions of the Su-
lpreme Court of Missouri, on the qucs-
tons before us, is binding on this
Court, within the rule adopted.
l. As TO the locality Of slavery
The civil law, throughout the conti-
nent OF Europe, it il beloved, with
out an exception, is, that slavery can
exist only in the territory where Il Is
established; and that IL slave es-
capes, or is carried beyond such ter
i.itory, his master cannot reclaim him,
unless by virtue of some express stip-
ulation. (Grotius lib. 2, ch. Is, 3, l.;
| lib. 10, ch. 10, 2, /; Wicquepost's En-
bassador, lib |, y. 4lS; 4 Martin, 3S5;
Case Of tho Creole, in tho House Of
Lords, 1912; Phillimore on lnterna-
tional Law, BIG, $500 There IS no
nation in Europe which considers t.
self bound to return to his master
fugitive slave, under tho civil law or
the law Of nations. On the contrary,
the slave is held to be free whore
there is no treaty obligation, or COM
pact in some other form, 10 return
him to bis master. The Roman law
did not allow freedom to be sold. An
Embassador, or any other public func.
tionary, could not take slave 60
France, Spain, or any other country
OF Europe, without utcmaneipatingh him.
A number Of slaves escaped from
Florida plantation, and were received
on board Of ship BY admiral Coch-
ran; by the Kings Bench they were
held 20 bo free, q Barn. and Cre8,
3l0)
In the great and leading case of
Prigg us the State Of Pennsylvania,
10 Peters, 5sf; II Curtis, l2i, this
Court says that by tho general law OF
nations no nation is bound to rocog
nlzo tho state Of slavery. aa 10 foreirn
slaves found within Rs territorial dos
minions, whore It Is, IN opposition 10
ia own policy and institutions, M "a.
vor of other nations whore slavery ia
organized II It docs II IL Is nah
ter OF comfy, and not as q mallor Of
internal right. The state OF slavery
Is deemed 70 be q mercmunicipal req
ulntlon, founded upon, and limited 10
the range of territorial laws. This
was duly recognized in Somorsct's
cases, Latfte Rep, /, 20i uowole
State Trials, 79--which was decided
before the American Revolution.
To tho position that alavery can on.
~ exist, except und0r tho authority
of law, Il Is Objected, that Ia few, III
any instances, has It been established
by statutory enactment. This II no
answer TO the doctrine laid down by
the court. Almost al tho principles
Of Che eonmon law had their ionnda
ton IN usage, Slavery was iDtrodn.
cod into the colonies Of thla country.
by Great Britain, 90 an early period
Of their history, and Il was projected
and cherished until Il became incor-
lporatcd into the colonial policy II
Is lmmatefial whether system OF
slavery was introduced hy express
law, O. otherwise, II IL have the an.
Ithoriiy Of law. There IS no slave
State where the institution IA not re-
cognlgcd and protected by statutory
enactmcnts and Judicial decisions-
Slaves are made properly by tholaws
Of tho slave States, and, ah such. are
liable to the claims Of creditors, they
descend TO heirs, aretaxed, and, IN the
south, they are asubiect of commerce.
i viii now consider the relation
which the Federal Government bears
70 slavery in the States.
Slavery Is, emphatically, IA State IN
stitution. In the ninth section of the
| first article of the Constitution. it Is
provided, ''that the migration or cx-
portation Of such persons as any of
the States now existing shall think
proper to admit, shall not be prohib-
tied by the Congress prior TO the yeal.
1908, but a tax or duty may be i'm
posed ON such importation, not ex-
4 lceeding ten dollars for each person. -
In the Convention, it was proposed,
by acommittee Of eleven, TO limit the
importation of slaves to the year
1900, when Mr.. Pickney moved to ex-
tend the time to the year 1903. This
motion was carried, New Hampshire.
Massachusetts, ConnOc.icut Mary
} land, North Carolina. South Carolina:
and Georgia voting in theahirmative:
1 and New Jersey, Pennsylvania and
Virginia in the negative Tn opposi-
} ton TO the motion, Mr. Madison said:
Twenty years will produce all
the mischief that can be eapprchended
from the liberty to import slaves; so
| long a time will be more dishonora-
: bic to the American character than
to say nothing about it In the Consti-
tuition. (Madison papers.) Thepro-
vision in regard to the slave-tradc,
} shows clearly that Congress considered
slavery State institution, to be con.
; tinued and regulated by its individ-
uaI sovereignty; and to conciliate that
/ interest, the slave-trade was contin-
4 ued twenty years-not as a general
: measure, but "for the benefit Of such
{ States as shall think proper to en-
] courage it."
7 In the formation Of the federal Con
5 stitution, care was taken to confer nc
l. power on the Federal Government L
D interfere with this institution in The