The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1858-05-05

LORD lfdnsfeH in This respect. and that the slave
could not lie coerced in England but on her re-
turn 20 Antigua, nc pldce Of her Stare domicie
her former status attached n-Dred S, OF decision,
rnmphlei. page l5i.
And 10 this | add the words Of Lord
Stowel himself, in the Gase of the slave
William
The four Judges All concur in this-that he
WAS a slave in Granada thOngh a freeman in Eng
lai,d and icouH hare continued a freeman in dit
other parts Of he tgorid ercept 6randda.- Same
page le6.
Sir, these decisions Of Lord Stowen
were within our own time, and they con-
firm the common law. Lord Mansfeld's
decision was in l772, and almost coten-
poraneous with the Revolution. The
special laws Of England brought slavery to
the American colonies under her jurisdic-
tion, and sometimes against the remon-
s,rances Of her American subjects; but
when British juris dietion ceased. the old
thirteen States all recognized Lord Mans
fields maxim Of the common law. Be it
right or wrong, it is not important to my
present purpose. 1t was recognized us
law in America. The old Thirteen States
VII tolerated or abolished slavery, each
within its jurisdiction and many of them
abolished slavery. They permitted or
prohibited the seve-tradc, each at its own
will and of the thirteen, there were but
three that permitted the importation of
slaves when the Constitution was adopted.
They, in comfy, permitted the master to
bring his slaves from other States, and to
recapture fugitives or, by their clear and
undisputed right, and of their own free
choice, they denied all comfy at all.
Such is American history previous to the
Constitution and that, too is " con6rma-
ton strong" Of the maxim of the COM
mon law.
I come TO the Constitution and find
it distinctly recognizing, and palpably
based upon, the maxim of the common
law. Turn to the clause on the slave
trade, and there see the recognition OF
the power Of the States to admit or reject
imported slaves, and the power of Con-
rress to prohibit, after 1908. How 2
Through sovereignty, both in the States
and in the nation-not by special. grant /;
| through the Federal sovereignty which
! simply resulted to the Federal Govern.
mcnt, when State sovereignty, IN 1873
should be surrendered What was this
but a recognition of that common law
maxim, which leaves the sovereignty to
prohibit or permit, by positive law. Turn
TO the clause in respect TO fugitives from
service, and tell me. how is it? Redo.
lent of the common law redolent, all
over 1t and al through It, IN the begin
ning' IN the middle and IN the END. FER
sons are held to service or labor III one
STATE ~n"fI 'he l"apN fhe'eW ! that Is
the oe@lnn'ng;. fugitiVes IN any o'a'e
are net to be discharged in consequence
OF dHY ,W or f.@~/''io' ttFT''n )" tha'
Is the middle And service Is I" d"''" oJ
virtue OF the laws OF the State from whicf
the persons cscap' thaf Is the eno'
Sir' here IS lord Mansheids common
law doctrine couched In equivalent word
in wtr5s embracing the entire doctrine
and it IS Incorporated into the organic ant
supreme law OF the land.
l come to the supreme Court OF the =
niled States, and here | give you the word
of Judge story himself, uttered as the or
gan OF the court. 1t was imprudent'. t
say the least, to quote the authority OF hi
great name against Lord Mansheld
Judge story said
Inc state OF slavery Is oeeheu 10
a mere municipal regulation, founded uF
on and limited to the range OF the terrific
laws."-lo PefeS. page Oil, Pr'gg
case.
In respect to this point, member
the court Judge McLean) who sat upo
the case, has declared;
"There was some conirlriety OF opinio
among the jud ges on certain points rule
in Prigg's case, but there was none in IT
gard to the great principle, that slavery
limited to the range of laws under whic
it is sanctioned. - P"w5hiet Report
fhe DCcd Scot cas-, page l4U.
Among the Judges, who thus are con
-. ~ = ,,r,.o,
proniSeu " '"cir ass0eia'e'""s 'ne p'''''
0nIe' ouS,iee'
60 inucn ior ,ne Jaw Vi 'ne iS"u .o
was lio,' 'ne i'eN0,u'io., 70 'n' o1n'e',
',on, anu ii0l.' '''V Co''s.i'u'ioii' euI N',t
Tue Ooh>'' u,lot, uowI 70 ms op'n.o" ~ y,
majority OF '1e supreme Eouru IN sne pl'
oeott case aeiIvereu Dy inc Onie' us'i'
, III March, 1891.