The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-18
NO. 585.


n apy new Slavery impossible, as it could in no
instance prove title under the laws of England.
But enough on this point. The decision of
Chief Justice Mansfield declared the Law in
England once for all and the Law then de.
cared has been uniformly recognised ever
since, without question, by Lords and Com
mons, King and People, the Bar and the
Bench. The criticisms of Mr.. Benjamin may
be very convincing to Louisiana Planters, but
will scarcely change the Common Law of Eng
land. The Public Opinion of the civilized
world will still maintain, with Lord Mansfield,
that the state Of Slavery is so odiOus, that
nothing can be suffered TO support 1t but post
tire lQU."
Had Mr.. Benjamin succeeded in the attempt
to prove that Negro Slavery was the Common
Law of both the Old aud New World, an insti-
tuition recognised and protected BY the laws OF
both, the second proposition maintained by the
opponents of Slavery, that being local, and the
creature of the local law, it cannot exist beyond
its jurisdiction, would fall to the ground. AS
we have sean, he has signaly failed in that at
tempt. Slavery depends upon the lea loci;
but that has no extra-territorial force. This
doctrine is too firmly settled to be shaken.
Doubtless, if shareholders could claim the en-
pire of the earth, we should have new code
Of International law, wholesale revolution of
jurisprudence. Bat they are an exceptional
class, aud their darling institution is excep.
tionsl. They must conform themselves to Law,
and not dictate it. The rules and limitations
under which Slavery can exit, are ascertained
and defined. No country is bound to recog-
Mise the Slavery Of another country: no country,
whose policy favors Freedom, will recognise it,
or can do so, without disloyalty to its own laws
and usages. England and Scotland, even while
Slavery existed in the West India Colonies,
would not recognise give effect to the colonial
law Of Slavery on their soil. In those parts
Of Europe where Slavery had fallen into disuse,
slaves from other countries entering their terri
tories, became free. Such was the universal
usage in France, until by an edict of Louis in
ZIG, planters from the French West Indies
we're permitted, for certain purposes, and on
certain conditions, to carry their slaves with
them to that country; but failure to comply
strictly with all the conditions, left the slave to
the operation of ancient usage-in other words,
he became Free
When the Convention met to form the Fed
rral Constitution, some of the Northern States
hsd adopted the policy of emancipation the
doctrine in regard to the locality of Slavery, as
well as the usage of nations in relation to slaves
entering their territories from abroad, were we'll
understood; and it was this fact, not any new
light produced by Lord Mansfeld's decision, as
Mr. Benz amin imagines, that led to the inser-
ton Of the clause in relation to fugtives from
service or labor. The plain object was to es.
tablish a constitutional provision, which should
SET aside the universal usage securing freedom
10 slaves entering territories whose policy was
against Slavery. The insertion of such pro-
vision was a virtual recognition of the preva-
lence of that usage-an admission that the law
Of Slavery is strictly local, without extra terri
torial force.
Mr.. Benz amin gives purely imaginary his
tory of the formation of this provision: On the
one hand, Lord Mansfeld's decision having
been rendered, it was plain that the Southern
Safes were in danger of being plundered of
their Slaves on the other, compromise hav-
ing been agreed to, by which slaves were in
cluded in the representative ratio, the Northern
States were in danger of being damaged by q
disturbance Of their ratio. Hence, two clauses
We're put in the Constitution; one to guaranty
the South its property in saves-the fugitive
cause.-the other, to guaranty the North against
! ,,t,, f,I, >~f.
the clause authorizing the prohibition of the
slave trade, or the increase of the laboring
population of the South by importation after
the year 1903
This is Mr.. Benz amin's version of the forma.
ton of these compromises Every intelligent
student of American history knows that it
is purely fanciful. Adopting rule agreed
upon by the Congress of the Confederation, for
rating slaves for taxation, the Federal Con-
vention concluded to count them as three
htths in the apportionment for Representatives.
The compromise was, that taxation and repre-
sentaton should be determined by the same
rule: and it was settled without the slightest
reference to any consideration respecting the
future increase of slaves. The importation of
slaves was the subject of compromise, but
not Of the fancitul compromise of Mr.. Benja.
min. 1t WAS not connected with representa-
ton, or with the fugitive clause it was not
spoken Of deiberated upon, in connection with
either. 1t was not referred with them to q
committee, to be ad listed. 1t was not the
subject OF a compromise between the North
and the South, between Slave States and Anti.
slavery States, but between two States that
insisted upon the perpetual right of importing
slaves, and the two or three States which were
ANXIOUS to secure to Congress the power to
pass navigation laws. All the States, with the
exception Of South Carolina and Georgia, de-
sired to prohibit slave importation, chiefly be-
cause the Public Opinion of the country was
tarnlng against the African slave trade. Those
Two States were obstinate. At last, in gene
Tai committee, 1t was agreed that the slave
Trade should be prohibited after the year 1903,
and that navigation laws might be passed with.
out a two-thirds majority. The Shipping In
leTeSt OF New England and the Planting Inter.
est OF Georgia and South Carolina, made this
bargain, and by no States was it more vehe-
mently opposed than by Virginia and Mary.
land.
both Compromises, it will be observed, were
iofmed, without any reference to the masters
cain to escaping slaves. No such considera-
uOn as Mr.. Benjamin fancies entered into them.
After they had all been formed, the provision
Ia relation to fugitives was introduced by a