The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-04

and the Judge expressed some doubts or at said il
was not proved that Slavery existed in Florida but he
says esl
"Ifit did prevail there, it is local law is an anti
Christian law, and il cannot be extended beyond the
like this where the of regulated accord
the law of and the revealed law Of Godn
England. as la,e Is Is22 have shown you BY these
quotations and opinions that 10 the rendering Of
the opinion in the bred Scot, was the law Of these
the United States II was the law OF the highest Judicial
tribunal in England that the moment a slave escapes
fom the territorial limits of the jurisdiction which inn
poses the of servude upon him. that moment he
becomes free and that in the exercise Of me rights Of
freedom which he acquires by stepping out from beyond
the loo limits of the which impose slavery
upon him. he is man-to all inienis and purposes a
right reduce him slavery take MIN, and he ressts
des the death of slave Is murder in every man
Sir these are The great settled principles Of the law,
and they are not to to-day by any judicial
stand mmovsble and nmuisbe as the eieraal founda-
lions of truth While civilized society maintains It's tr
and the Supreme Court Of The United viii find that
like of the ocean, they toss themselves against
&c are
which cannot be shaken They rest not only upon law
which belongs to human nature and to common man
| hood.
have gone enough that any schoolboy in the free
States VINO has been common schools long enough
70 read may confue and feu,e and conf.und forever
the gros. assumption of this COURT oceed the
Other point TO which proposed 10 address few remarks
and that as that the time of the adoption of the ed
eral CONSTITUTIONS slavery was SO universally acknovl
edged and pracced upon that nobody thought OF ques
uoning il. The Supreme Court say:
politics. WIFI h thought of d. spn,ng, supposed
10 be open dispute and men in every grade aud posi-
ton in society daily and habualy acted upon II in thei
private pursuits, well matters public
without doubling for moment the correctness Of this
opinion"
The .opinion here alluded to was that the negro
nd lav he
| benefit; and they add:
'sAnd in no nation was this opinion more firmly fixed
eminent and English people"
| How is that! believe the Supreme Court have moi
decided that the Revolution did not take place in 76
that the Declaration of Independence made about
that same time but at the commencement of the eight
een,h century, about the year 1904 this opinion
ported in Lord Raymonds Reports, l274 which was an
action of ,rover for negro Lord Holt speaking for the
whole court says:
other man, for the common law lakes notice goes
being different from other men,"
And in Salkelds report of the same case, e SaLked
69S) the same learned Judge says:
'" Men may be the of property, and therefore
| cannot themselves be the subject of property"
That was one hundred and fly years ago Then we
Mansfield deciding the Somerset will read that
decision:
aThe of slavery is of such nature that is in
capable of being introduced any reasons moral
political, but only by positive law, which preserves It's
force lsng after the reason, and time ITSELF from
whence il was created is erased from the memory II
30 odious that nothing be sue to support but
positive law. Whatever Inconvenience, therefore may
follow rss the decision cannot say this case is allow
ed or approved by the laws of England and therefore the
black must be discharged"
That the law of England in l772. Going back to
the commencement of the century, and coming down to
l772 we find the doctrine held In the opinion
have already read of Chief Justice Best he says that
with the best industry he could give the subject he had
never found that contract for the sale of slave
allowed in England. These the doctrines of the
hers thnvy ptlnhI do
to put in as judicial authority but propose put in
10 answer that of the opinion of the Supreme Court
ed by anybody show you that il had been questioned
by the judicial tribunals had been questioned by Lord
1890 Immediately after the adoption of the Federal Con-
s,i,uon, the great orator Of Ireland John Philpot Cur
ran) speaking before British court said
speak in the spirit Of the British law which makes
liberty commens urate with, and inseparabe from, the
British soi which procaims to the stranger and
the solourner the moment he sets his foot upon British
earth, that the ground which he reads lie holy and
consecrated by the genius of universal emancipation No
matter in what language his doom may have been pro-
nounced no matter what complexion incompatible with
freedom an Indian or an African may have burnt
upon him in what disastrous battle his liberty
may have been cloven down matter with wha,
emnes he may have been devoted the altar OF Sa
the first moment he touches the sacred soil of Brit
aim the altar and the god sink together in the DUST his
soul walks abroad in her majesty his body swes
beyond the of his chains that burst from around
him; and he stands redeemed, regeneraed and disen
thu allied by the irresistible Genius of UNIVERSAL ENANcT
PATTON" 4
And yet sir, in the face of these glowing declarations,
of these sublime enunciaons Of these eloquent tributes
have down their bench gone into The political
arena and commenced their career ny declaring that the
right to hold and trade in slaves, the time of the
adoption of Constitution was universally recog-
Missed and practiced upon that man thought of ques
tioning it, have shown you that it questioned in
England; tina. there were men high in position there oc
cupyng exalted places in the Kingdom of Great Britain
right 10 hold slaves beg Senators TO bear in
mind the exact question which am arguing l am not
Introducing these instan ces here for idle defamation
q N is-
course but am introducing them to prove to the SEN
deraie to say that the right to hold and to trc in slaves
was they state that which cannot be sus
Now sir, how was it in this country, The Supreme
Court say that this was 80 well in this
country SO universally acceded TO- that even the great
ton OF Independence, which, they were uttered to-day
would be held to embrace all mankind did embrace
them at that time, because the opposite sentiment that
right TO hold slaves, was universal, unques-
toned and nnquesiionabe, tina, nobody thought of
questioning it. have been at some little pains
what the view of of the in this untry,
about the time of the Revolution and about the time of
adoption of the Federal Constitution, begin
with North Carolina took that State first because
distinguished from that Stale Mr BIoosl was in
the chair yesterday, and did not know but that he
would be Today; and wanted to compliment him by
putting his State first The first Provincial Congress-
1774, resolved
"Ihat will not import any slave or slaves, or
this province by others from any par. Of The world after
the 1st day of November next"
That authority is be found in the American Archives
fourth series, first volume, page 735 Again. the Con-
formed association agreement consisting of four
teen articles the second article of which is:
That we will neither import nor purchase any slave
imported after the LIST day of December next after which
time will wholly discontinue the slave trade, and will
neither be concerned in ourselves, nor will we hire
vessels, sell our commodities manufactures, 10
those who are concerned IN It,"
BY the fourteenth article, they resolved
And do further agree and resolve, that will
with any colony or province in North America
which snail accede to- or which shall hereafter
late this association, but will hold them unworthy of
the rights of esmen, and as inimca to the liberties OF
this country"
That is be found in the same volume on page o15
Those men who would not that they would neither
import purchase any after the LIST day of Decem
ber were not worthy Of social or business intercourse
the liberties of the country That agreement
tion as it is called fine Continental Congress- made in
liza, signed by all the members including George
Washington and Patrick Henry, from Virginia. and two
Rutledges from South Carolina.
leone 10 another State, Georgia. The Provincial
Congress OF Georgia, held at Savannah on the 18th of
January, 1775, resolved:
THAT we will neither import purchase any slave
imported from Africa elsewhere after the 18th day of
March next"
George Washington, in a letter to Charles Pinckney,
Governor OF S,utn Carolina on the 18th of March, 1892
says: ~.
81 say that lament the decision of your Legisa-
upon the question Of importing slaves after March,
other good reasons, supported by the drefal effects of
slavery which at this moment presented would have
operated 10 produce total prohibition of the importation
Of slaves, whenever the question be agtated in
any State that might be interested in the measure"
In letter John r. Mercer, dated September O. 1885,
George Washington says:
"Ipever mean, unless particular circumstances
should compel me TO it, TO another slave pur
chase, il being among my FIRST wishes plan
adopted by which slavery in this country may be abolish
ed by law"-Sparkss Life of Washington, vol p. 49,
Note.
In letter to Robert Morris. dated April 1a. 1885, he
says: