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

the Chief Justice, in delivering the opinion OF lht
Court, referred to the fact, that though there are no
slaves in England, there are persons In whose service
another has q temporary interest; but that the respon'
sibiIity of q carrier. tor injury which such person
might sustain, has never been placed on ths same
rrincipIs with his responsibility for a bale of gooda.
Inn surely, in deciding that point, the English courts
had NJ, refereuce to thu civil status of tho persons 80
held Ia service: nor did the Supreme court IN this
ca. HI avs suy reference 10 the civil status OF the slave.
1t considered the Qualities, hanns ana character o.
tran.nortstiop. a slave" says the Judge, 'has vo
I;tion. and has feelings which cannot be entirely dis
regarded. Theae properties cannon Do overlooked IN
conveying him from place 10 piace' ne canho, De
slowed away HI q common package. MOI oniy noes
humanity forbid this proceeding, but II might endsn.
ger his life or health. Consequently TINS rigorous
mode of treatment cannot be adop.ea, uu'e's oupu
lated for by contract. But left at liberty ie may
escsps. The carrier has not and cannon nave ''e
ssm. ab.pluse control over him that he has over u
common package sc. And therefore the carrier
was not held 10 rs high a degrees OF responsibility y
Transportation Of slaves, as in The transportation J"
common package. The same principle, u Is Presuur"'
would apoly, sYb modo, to dogs, cattle, wild anllna's,Hc
over which 9Th. carrier has not and chnnot have lhf
came absolute control rs over a common package.
Ii might be good logic, but II woulf De oad h"' ~
cav that therefore dogs, horses, catlis ana ahiiha'e
fsrae ~aaturae, were recognized, rs something more,
in legal contemplation, than mere property: II
alike bad logic and bad law, to say that, by rms Case
slaves are recognised AZ anything more. In the ais'
custom of legal propositions nothing is more DANGER
Gus than to adducs the incidental remarks, didd or
illusions of Judges, applicable enough, or excussU'e,
in the cases in which they occur, to elucidnts points
of an utterly different character arising IN an utterly
different connection, and embracing relations ana
consciousness 10 which The judges in the cases cited
had no reference, and which they could not possibly,
Lv any logical association of ideas have had in mind.
But the counsel has tax Ell quite unnecessary trou'
BILE in citing these authorities to prove that slaves
have Intelligence, feelings aud yoliinn. As late, III
deed. h 1872, u doubt WA publicly expressed IN
the British Parliament. a. to whether an African
negro has a soul. And many phllosophic specu
iations have been INDUCED III regard to his
claim to be- considered OF the SANS origin Hui
genus IA ourselves. But common observation
teaches that our slaves, IN sons cases, nave Il
very high degree Of Intellect and moral sense, and
all Of them have, in these latter times, a strong
enough will Of their own, which needs no %invigora'
tinu or activity from 3 bes.uwai upon them OF civil
rights and legal capacity Incompatible with their con.
dltion as slaves. The moral and intellectual qualities
of our slaves, in fact, as in the Gaze of Roman aud
all other slaves, enter largely into the elements of
their value; it lie because they have Intelligence, II
sense of right and wrong. and voition. that they are
ouch useful Instruments, a. Aristotle calls them, IN
domestic aud social life. Aud it Is the pride and plea
sure of many families in Virginia 10 cultivate the in
tellectusl, moral, and religious faculties aud feelings
Ot their slaves 10 a. high a. degree rs circumstances
will admit. But all this hes nothing 10 do with the
question under consideration. The court is not si:
ting as AN chronological society, to ascertain and deter
mine the peculiar natural or acquired characteristics
Of the negro race; nor rs u committee To investigate
the elements and extent of the vsua Of slsves. The
inquiry il, what il the legal status OF The slave under
our laval Has he any legal vulition, the exercise of
which can change his legal c%ondltion, "r affect the
legal rights OF the white race' II So, where is The
statute which gives III Where is the decision which
defines its character and extent, or sanctions the II
gality, and prescribes the limits OF its exercise? No
statute can be found; and the absence of all authority
is sufficiently illustrated by the citation OF such cases
as Summers v. Bean, and Boyce Y. Anderson.
The learned counsel for the appeiiers might have
drawn Ii much more plausible 6rgumeIS or i!lustra.
ton from II more direct and practical source. He
might have said that III. Criminal Code Of Virginia
recOgnlZes slaves as responsible beings, aud afflXrs
penalties TO the commission OF crime by lhemi and
that therefore ihe Law OF the land thus admits them
to be endowed with intelligence, free will, and a moral
sensr-ile same qualities or capacities which arr
requisite for rational choice between freedom and
slavery. But even this will not bear rysminatlon.-
For, by recurring to the true issue, we see that the
inquiry il, not III 10 whether II negro slave can com
mt II crims and will be punished for it, bat what IL
his ciUH status. A married woman may commit y
crime and will be punished for it, though she has n"
power to make Il contract, and her civil being is alb
solutely merged in that of her husband. Her cirH re
latiuns IRE very different things from the relation she
sustains to the criminal law. The commission of a
crime Implies Intelligence, free will, and a moral sense;
but. these dO not fU The clrii status, or necsSsar1iy at.
feet Il IN any manner. Idiots, luuatics, and infants,
of tender years, have all II fixed civil status, and fixed
civil relations TO property. They may inherit or be
inherited from. They may be the objects Of devises
or requests, though they cannot devise and bequeath.
They may, and do, hold thousands OF slaves, who,
considered ~ natural persons, are endowed with some
sort Of intelligence, Tree will, and moral ssnse; ye'
the slaves, though thus endowed, cannot inherit or be
inherited from, they cannot be the objects OF devises or
requests, nor can iheydsvise or b-qucath, nor can they
hold or acquire property in any manner of any kind
The civil. status, therefore, il on. thing the criminal
status is another and very different thing. The civil
status has References 10 property and oil its relations;
the power of holding II, using Il, controlling II, nc
curing II, and parting with II. The crimins! status
has reference 10 the mora! relations between man sFi
man. An individual Ipsy hsv. n very high petition
in the one scale, and mona at al III the other. AN
idiot may hold property, bat Is incapable Of commit.
ting crime. y slave mgy commit crime. but is inca.
capable OF holding property. The two things are
distinct and different, and have 10 necessary issai or
logical connection the one with the other. In ascer.
tanning the criminal status or capacity of n par'y
charged with crim-, no reference need be had 10 his
civil abilities or disabilities. In ascertain the civil
status or capacity OF a party who attempts 10 do u
legal civil act, no reference need be had to is respon'
sibilities Al the bar of the criminal courts. We must
therefore, look 10 the civil jurisprudence for the civil
status Ot the slave, and To the criminal jurisprudence
for his criminal status. Aud in looking Ia the civil
jurisprudence for the civil staiu. of the slaves, We
have seen that the slave, as such, has no civil caps
city or existence whatever.
Hut it is cunteuded for the slaves by Mr.. Branch,
Judge Crump, AID understand sllo by Mr.. Patton,
that the capacity oi u Slsvc - eect between freedom
and slaveryi liz res ddJHd,c0ia, enc citst,oE is Iaade 10
Pleasants v. Pleasnnts, , Call, 27O, and To Elder v.
Elder, ! Leigh, 2j2.
Now in regard to Pleassnts v. PleasantH, ii ia suti
.ient 10 obser We. tina; the direct question raised in
this case does not appear either 10 have been InoOfed
or suggested by tee b.: 10 have been COR idered ar
at alluded 10 by the coaFt. Eor, irdrri, sas there
any just reason why il should hr"e ree. GfgGad or
considered. For by a particular examination or tie
will of John Peasants. 1t appears that ie clearly
designed an absolute emancipation of his slaves,
il tbs laws would permit It, and the bar and the bench
80 construed tie will. For though in the ira, clause
he says: My turihe, Grsi-s ~, respecting my poor
slaves. all Of them as F.! shall die possessed with, shall
be free il they chuse il when they arrive nj ~ year,,
and the laws Of the land will admit them 10 be tree,
withou, their being transported ont of the country :"
vet in the following clause, in explanation of ha mean.
ing in the nrst, ia 4!stinctly says 81 say nl my slaves
now born or hereafter 10 % born. chile tier mothers
ARE in the servics OF me or my heirs Ia oe lres IL t!s
age of thirty years, To be adjudged Of by my trustees
their age" They We're "O be tres"-an absolute
emancipation, N. the age OF 80 years, if the laws would
permit il. And such is Judge Green's Interpretation
of this will. whsn citing IL PROVISIONS III a Subsequent
csse. "By hs will, y says the Judge, che beGuea,hed
his slaves TO the members Of his family, win direc
ton that, ~ soon az il should bs allowed by law.
hs slavas then (at the making Of his WILL born. or
thereafter to b. born, whilst their mothers should be
in the service OF tho ~tesiatcr, or Es heira, SHOULD be
free NJ the age of 81 years" Maria and aa. Y. Sur.
baugh, 9 Rand. e32. The viii OF j Jonathan Plsassnis
still more distinctly amsncipates his slaves And
first believing that all mankind have An uniuubtef
right 10 freedom, and commisserating thu situation of
the negroes which by law 1 ain invested with the
property of, and being willing and desiroua that they
may in a good degree partake of and enjoy that
ineslimsbls blessing, do order and direct, rs The
most likely means to tit them for freedom, that they
be instructed to read. at !east the young ones HI
they come OF suitable age, and that eacl individual
of them that no@ nra ar may hereafter arrive 30 the
ags of 30 years may enjoy the fnil benefit of their
co,or in q manner the IHost likely TO answer the in
i-nr:on Of relieving from bondage. ADD Whenever
the laws Of i;e country will admit absolute freedom
to them, it IL my vii! and desire That AL the slavssI
am now possessed of, together with their increase,
shall immediately on their coming 10 the age OF 81
oa uE,r.uu,I hnanma Iru. mr. 81 l.paf sr,ph a.