The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-18


terms runs all through his argument, and gives
it the chief force it possesses. /" Slavery, as an
institution, was protected by the common lao of
theee Colonies" 81 go further, and
declare that it was the common LdU of the whole
continent of North and South America" r
"A negro, under the common lao of the con.
tinent, was merchandise, was property, was q
slave" and could only extricate
himself from that status, stamped upon him by
the common laW Of the country, by positive
proof of manumission." "The slave
was bound to show manumission under which
he had acquired his freedom, by the common
lap Of euery Colony" "Who doubts
that if, after the Revolution, the different States
of this Union had not passed laws on the SUBJ
ject to abolish Slavery, to subuert the common
lao Of the Continent, every one of these States
would be slave State YETI"
To take the whole force out of an argument
thus made to depend upon misapplicstion of
terms, it is sufficient to remark, that, by COM
mon law, Mr.. Benjamin cannot mean the I'M
written law of England, or any unwritten law
gous origin or authority, or, immemorial usage
All he means, or can mean, is that Slavery was
fact in all the Colonies established and protect
ed by positive law or statute. 1t is easy, then,
to answer the inquiry why positive legislation
in the States were necessaryto abolish Slavery
positive legislation had built up and protected
it. In the case of Massachusetts,, indeed, even
such legislation was rendered unnecessary, Sla-
very being declared by judicial decision to be
abolished by the declaration of rights in its
Constitution.
If we admit, then, that in his historical re-
cital, he has shown all that he attempted to
prove to the Senate, concerning the action of
Great Britain on the subject of Slavery, both in
the Colonies and on her own soil, it confirms,
rather than disproves, the assumption he con.
troverts that Slavery is the creature of the stat
ute law of the States in which it exists.
What he says of the action of Great Britain
in promoting and protecting the slave trade
and Slavery in the Colonies is true. We had
occasion to examine the subject many years
ago, and submitted in the Era more ample
statement of facts bearing on this point than
Mr.. Benjamin has presented. But, in his at
tempt to show that at the date of our Revolu.
ton "African Slavery existed in England as
it did on this Continent" he has utterly failed.
African Slavery was a general system or prac-
tice on this continent at the date of the Revolu-
tion-it was part of the social system of
many Of the States-it was established and
protected by positive legislation-it was gen.
orally recognised by judicial decision. African
Slavery was never general system or practice
in England--it never constituted part of her
social system-it was never established or pro-
tected on her soil by positive legislation-it was
not generally recognised by judicial decision
it was never an institution in England. There
fore, African slavery did not exist in England
as it did on this continent-nor is there a single
fact stated by Mr.. Benjamin to show that it did,
All that can be said is, that after the establish
ment of Slavery in the Colonies, and the slave
trade, slaves were occasionally brought into Eng.
land by their Colonial masters, sometimes car.
ried or sent back, sometimes retained in service,
or sold and at the time of Lord Mansfeld's
decision, FIVE years before the Declaration of
Independence, it was estimated by those whose
interest it was to exaggerate the number, that
there were ten or fifteen thousand slaves in
England, chiefly owned by the planters. But,
from the time when the presence of these ne.
groes in London began to attract attention, the
people protested against it as an abuse, as a
violation of the laws of England, and from l7O6
to l772 the opposition steadily grew, the claims
of the planting interest being constantly ques.
toned, until justice triumphed, and the laws of
England were pronounced to be against Slavery.
Now, let us examine the showing of Mr..
Benjamin in regard to English Slavery:
al desire to show you that by her iurispru.
dence, that by the decisions of her Judges and
the answers of her lawyers to questions from
the Crown and from public bodies, this same
institution was declared to be recognised by the
common law of England and slaves were de-
clared to be, in their language, merchandise,
chattels, Just as much private property as any
other merchandise, or any other chattel"
This is an astounding assertion; and how
any man who appreciates his standing as law
yer, could venture upon it, passes our compre-
hension.
Mr.. Benjamin desires to show that by cher
jurisprudence" "SIavery was declared to be
recognised by the common law of England !"
but he does not even attempt to show this. We
look in vain all through his speech for single
sentence or word quoted from English juris-
prudence, in support of such an assumption.
He proceeds:
"By the decisions OF her judges, and the
answers of her lawyers to questions from the
Crown and from public bodies, the same insti-
tuition was recognised by the com non law of
England, and slaves were declared to be in
their language, merchandise, chsttels, just as
much private property as any other merchan-
disc, or any other chattel."
If such declarations were ever made, they
could easily be quoted. Mr.. Benjamin does
not produce them, and yet he desires to show"
that they were made. We submit that the best
way to do this, would be to quote them in black
and white, giving the authority, and the page.
He has not done, he cannot do so. No such
declarations were ever made by English Judges
or Lawyers.
Let us see what Mr.. Benjamin does show.
l. In l7l3, the British Government made
contract with Spsin,- by which, for certain
price, she undertook to transport annually
1900 slaves to the Spanish American colonies.
A question arising in the English Council, as
to the character of the slaves to be transported,
it was submitted by the Crown to the twelve
Judges of England. Their answer, as quoted
in the speech of Mr.. Benjamin, is
ain pursuance of his Majesty's order in
Council, hereunto annexed, we do humbly Ger.