Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-06-22

weight or consideration by the Court in pasaino .'G
an unpopular law which, had o%utlived the chi,oupN
stances OF its origin. Until the law is repesIsS
unless from length of time and neglect il hs, To- g.
into utter drsuetude, the Court must uphold ,p's
%cons,rue il according to its terms and evident, in,o y
But when the laws in p0rr m 7tsrin have underon,t
Fundamental and complete re VoiutioG when ,h- nm.
lie policy Ut tho county. 8s eVinced by the srrS,
cnrrent OF h";h is organic aud tie ordinary l-y;,
ton, is diam.tricai!y opposed TO the extension q, !,
supposed principles or policy OF tbs particular =,
upon which the cass arisea and when enlarged ~,
alterations Of social order and public welfare ha,m"
niZa with the current and policy OF The new l-ei,ls,i,.
and the p-rvadiug sentiment and feelings of ;bs c,.
munity would be outraged by any unnecessary f,v.
shown to the old aud obsolete regime il ia too m'.,
80 ask th. Court to show that favor. nav, 10 po an.
ifs way tor that purpose-to perpstuate the policy =
the eifete system by the strained application off y.
mAxiIns of q Jurisprudence foreign to the country A.:
uuknnw n 10 The subject Of judicial inquiry.
Nor should it be overlooked here that the do-,.
If any, does not arise upon the Interpretation az ~
particular act of assembly permitting emsncIpari,,
but the whole case, in THE asp-ct. turns upon The c,
capacity or incapacity Of The slave 10 emancips,- :
self by MS own voiItion. And the isvor of IN. ro-.
il invoked in ad and supplement- of ths sell en,,.
patton ol !ha slave, by The attrIbutiOn 10 him ot go
rights and legal capacities utterly Incompatible s.j
the recognized and essential nature at slavery ,,l
exists under the Jaw OF the land. II. rs thIs com, y.
often UrilIrU, IHtFt Is no lbtrE01rQlHte eundiiun =
tween freedom and slavery known to the law A.
that the t%estator's intent IN the premises. how
clearly expressed, shall not prsvss il incoDsi.,.J
with the rules OF law Fuckers admir- T.. Gilh.,,
Leigh. S; Wynn and ais. 4. Carroll and as . G-.l
~ Forwards sdm'r y. Thames, . Graf #, IN .rI
cascs, no action or volItiOn OF ths slave can IN AL
wise impart validity 10 the illegal and impractical
provision il this court has never Leaned in auy m.]
ner towards e~ulnrging tie privileges or suppo.1
rights OF slaves, il -eelns strange that it should nd
be- gravely arked, not merely TO sanction an INTERIM
dihte condition between freedom aud slavery, bu, !
endow a negro slave with civil rights and l-saI c,,l
city Will. he sill remains 4 slave-to creat- a nov
new tangled and inconsistent legal S.1ius. 10 CONT
vention of the known rules OF law, and OF the Ia
iisel. establishing the relation Of slavery-to ysl
visor and vitality to a void beQuest by breathing ir,|
the clay rhatiel the breath of civil lie, and C!othirl
il with ali The high attributes OF = new order and Sc.
Of -xis,enc.. And it ssena still more strange Tbs, J
order 10 effect this remarkable transformation. n
b~-nlgnlty ut IN. Roman aud Common law 10 tar5-.l
should be specially invoked.
That the Civil Law ot The RDiDan Empire is no 4
of the law of Virginia, il would be- worse than a val
OF words 10 siew. But even If il constituted A p.,l
raj part of our system, thst lie maSims in t0r0rss !
6ert0tjs have no inst application 10 Virginia slave. |
moments reflection must eviGce. Roman sis,l
were OF tn. same generic or similar race and COZ
with their masters. Ones en4ncipAt-d, they .,.l
upon tDe stilr CpLIllLDU IIfllbTIu VI tlNll ana pOllU
rights and privileges. The Institutes OF Jus,lp,I
which enacird The celebrated insxim, I'm 0tScwy n
iuHi0is mdaum!HsRt,S tnreHdnna est hbGrtGi.'' "a
rnrobrd The emsEcipa;rd s!sve with all the civil sd
political franchises which the proute.t i.sceuGsu, !
the Ca .ars could claim a. the heritage vi his taih-l
Whoever" rays Gibbou, 'crssed Ia be q slave, ii
tanned without reserve or delay the stsrion OF a al
zsn." And sss Tay!or's Roman Lsw, p. ao. Al
IN. avenues OF w-sl,h. of enterprise and distinct, h
were thrown open to his energy and ambition, sj
under the Inspiration Of the ennobling prospec', !
put forth efforts and displayed qualities of In;ellec, 81
character. " hich challenged respect, and elevated B |
IN the r'cinl scale, and often, indeed, the obscunty
his origin was dignitied or oblItrrated, while the p1
tensions of hs superiors in birth were cast into !
shade. by The apien11r Of his actions or the aCquf
eminence Of his position.
80, too, with TIE YIiliens OF the COmmcn ID
T!try were Of the SAM race aud color ot their len
E'psncIpated, they became fully entitled at one
all the civil aud political rights and lmmunltIe, OF
Tree psopie OF England. They wer. easily iUcorI
rated into the great body polite. and in time. Il
and their desc-ndsn:s became yeomen. burgoma.-
FARMERS, merchants, PROFESSIONAL, men, geler.,
bshops, lords. Many VI the noblrst iamIuc. n
illustrate the annals, or now uphold and sdorn
government ana society of England, trace their bid
back Ia no better fountain than the feudal vll!Irn.
WAS the Wise policy OF the law 10 favor liberty \
cause emancipation vi tho villi-n gave a treeInlG
the State, CAV. strength. gave wealth, gave ord
stability, prosperity. And hence, a. Ar. HArgr.3
well stntes in his great Argument in Somers1tts Cd
msnumissIons were Inferred lroa; the slightest erred
stances of mistake or negligence in The lord, ri
every hct or omission which legal refinement 20 u
strain into an acknowledgement OF the viliien's libel
And in this way, with co operating CAUSES, the VT
syst.,n of f-uial slavery wore away and expired
England, without III act vi Parliament upon
subject.
Now unless the Virginia slave be of the ssms I'd
and color ~ l- ma-ter; unless when ensHcipAirt. Y
can renain upon The soil and become one OF lh-
citizens Of the Commonwealth; unless he hnd :
children are incorporated and blended with the I'd
body OF the community, AMI placed upon the 81
level OF sOclsl, civil, and political ireedom and -Qux
~; unless all tn. vlstas OF wealth, enterprise and .
bitIon are untulded To his energies aud a-pirs;f
unless by the high and noble powers ot educated
t-litct, and An honorable purpose, which. N tbs i
and glorious country, n srir- applause AMI comma
succr-s, he ctr rue TO r-specIabiIIty, influence, !
honor aud become Il valuable citizen and an or
nent 10 the State; and, above MI, unless IL be i
policy OF the laws 10 abolish slavery and lnsugGrt
premlscuous amslgams;Iun nj the negro ara wtb
,aces by the came process Of judicial exterInlnsdk
by which Roman servIIIds aud irudal yii!-af
we're undermined and swept away; then thor- cen
NJ !-asoE anu GG pr.psiety III applying to VirgIf
slaves The lsAiuis Ot the Civil ana Common lavk,
IdyOr,r hoSrtGits. Ii, Instead ut all Theses right, Il
privileges aud prospects, the smancipstdd slsy-, y
manning IN Tile State, IL condemned, with all biz 4
terIty ID hopele-a and perpetual d-grada;io0; Il }
color Transmits the eternal mark 0f his lgnOmiu% Il
all his DESCENDANTS, and though the law ~
abolish slavery, God alone could obirrerare
traces oi is exls'ence;' il lie populhtss the y S,
house and the penI,entIary; 1t he spresus %uiscouE{ Z
disobedi-Dce, disOrderly and vicious hnbiIs 40
the surrounding slaves, and bscGmeG indeed b.
lettering gangrene on the bosom Of a ~slnv-hJa
Community while, rs q slsve, hr i. the best FED,
best cared for, the best conten;ed ami
piest laboriDg man IN the worid, ana has tbr
around HIM ia, enn0bling Influence OF n higher q
ct ci:'l.- sl:on END a .ur.r religion than his race
kne~ before Or, IL, On tue otile. had, e...aaG
ton implies spd necessiIatss his Departure frur
Commonwealth aud u doubtful fate IN n iHtsL |,
of sayag- barbar:sm aud struggling experiment
there eau be- but lIttie pret-xt for favoring h-r
dom. but hostility to slavery and u disregard Il
ot lie abolition both to the wht.j
and the negro,
Vii. DE 1OcqLcrilic. bcmocracy Ia Amrric'
$40. Tor difference between the soci,l and. pod
OF emancipation among the ancient. y
the Southern States.
For n philosOphic view Of the influence OF our ire "
IN clcvhtlng the character and imprOvin:
.ondl.oi. OF SoItEern s.a-Cs, see GriEkc on Mature
OF Free Institutions. IN 81! :