The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1860-06-28

Constitution to recognize the legality and
right of Human SIavery-basc their de-
| cision upon the express ground, that at
, the time of its adoption, the state Of pub
lie opinion in the civilized and cnli ght-
ened portions of the world in relation to
the African race, was that they had no
rig ghts as men, that they could be bought
and sold as cattle in the market, and
might be reduced to slavery for the ben
eft of the white man. That this was
the 8 general practice is doubtless humil
iating fact, but ras 1t rtyht, 'cas 1t legal,
was it just; and if it was neither right,
legal or Just, how then could it become
BY IMPLICATION part of the fundamen-
tai law Of a civilized Government, espec-
tally when that Government was estab-
lished to secure the blessings of liberty.
No one but radical politician Of the ex.
treme pro slavery FIRE eating school of
Southern chivalry, or his dough-faced
parasite could assent to such e absurd
proposition.
In order to reason understandingly
on the question, whether if the facts
were, as stated by the Judges, their
decision was legal one; it becomes
necessary to ascertain the rules Of law,
the logic of the law, and the fundamen-
tai principles of the law !; and determine
in our own minds whether or not the
Judges of the Supreme Court have made
illogical deduction from the facts stated
by them - or have departed from the
principles laid down by the Oldest and
best authorities, as constituting the very
spirit and essence of the law. Those
fundamental principles, which We find in
Coke, Littleton, Bacon and Blackstone
have become axioms, the truth of which
are self evident, and are acquiseced in by
every judicial mind. will cite few Of
them:
60 The law consists not in particular instance es
or pre"Sdents, but in the reason Of the law for
reason is the life Of the law-nay, the common
law itself is nothing else hut reason which is
understood of an artificial perfection of reason
acquired by long study, observation and exper-
fence, and not OF every mans natural reason"
"There are some things. however, for which, az
Lord Coke observes, no reason can be given -
1t is sometimes dangerous to stretch the inven-
tOn to find out legal reason for whpt is und Ou bt.
ed law. which observation applies peculiarly to
the mode of constituting an act of Parliament in
order to carry out the intention of the Le gisla
ture in so doing, the Judges will bend and con
form their legal reason 10 the uords of the act
and rather constrne them literally, than strain thei,
meaning beyond The Obrions intentions of Pariia
menL"-T RAYMOND, $685. $50.
"Whcn the reasonableness Of an alleged Gus
tom has to be considered in such case it doe
not follow, from there being at this time no ap
parent reason for such custom, that there neve
was. Thonerer, 1t be IL teadeucv contrary to tn
Iubiic good Injurious prejuaiciai to the manu-
ana Beneficial 0aiy to some particular pers Ons sue
custom is and must De- repHgnant 10 the lac Of rea
!, SON. for it could not have had reasonable com
mcncement"
"Rcason is the soul of the law, and when tn
reason OF any particular law ceases, so does th
law itsef'"-Co. LIT, 70. 6.
'The law of Nature, being val Will, n, n
kind. and dictated by God himself, is of course
superior in obligation to any other and cOnse
quently n human law against the law Of Nature
has no binding force on the conscience, and If
man submits to the penalty of diSobedence, he
stands acquitted. II BLACKSTONE Com: ~.
$50 if any general custom were directly against
the laws of God. and a statute were made direct
ly contrary to that law, as for instance if il
any object in ever so necessitous a condition
such custom such an act would be void"
Such being the we'll known and estab-
lished principles of law, the decision can
not be sanctioned by a judicial mind,
even if the facts were as stated by the
learned Judges, "that it was universally
believed at the time of the Constitution,
that negro had no rights which the
, white man was bound to respect, and
could be subjected to slavery at his pleas.
, ure." That the African Slave trade was
, then carried on to an appalling extent is
indispntabie, that many persons held ne
groes as slaves and that the Governments
under which they lived, did not prohibit
p it, is also true; but it is also well known
fact that great and good men at that
, time, denounced it as crime and a sin.
, The evils of Slavery were known and
felt in the Colonies before the Declara-
tion of Independence and they made re-
peated effort to prevent the importation
, of slaves into this country, but could not
obtain the consent of the English Gov
ernment-see Walsh's anreai from the
judgment of Gre:::: Britain where the
, subject is fully discussed-In allusion to
this fact, the celebrated Thomas JEFF
=, ferson (who until a few years back was
believed to be Democrat and to hold
) Democratic principles) in his original
! draft Of the Declaration of Independence
says,
' "He. the King Of Engiand) has waged civil wal
against human nature itself violating its most sacred
= rights Of life and liberty in the persons Of distant
people. who offended him captivating and carry
ing them into slavery in another hemshere n Or to in
This practical warfare, the opprobrum Of nfdel pow
ers is the warfare ofthe Christian King Of Great Brit
should he bought and sold he prostituted his negativ
for suppressing legislative attempt to prohibit
to restrain this crecrdble eommeres- See the fac
q smile ofthis draft in Je6erson'se eorresPosdenee
$ In l75l, twenty-five years before th'
n Declaration OF Independence, the Quak
e ers entirely abolished slavery anon!
t themselves both in Europe and America
# and in l772 Granville Sharp effected tn
y acknowledgment by the English Court
d of the principle that slave who lands il
IS England becomes free this was the de-
# cision of the celebrated Lord Mansfield
# the ablest jurist Of his day; 1t is tn
g leading case on the subject, and has nev
e er been controverted; the facts wer
d these:
r. "A Virginia gentleman Of the name Of Stewart ha
occasion 70 make voyage from, his home In that Dion
to England his affairs, with the Invention OF r.
n turning soon they were ransacted ana ne too
with him his personal servant his negro slave, Some
IS whom he had purchased In Virginia, ana was eI
titled to hold Of slavery by the laws prevail
~ ing there. While they in London, the negro al
seconded from the service of his master, but Was retake
nd ts,ard lyjU. TnameS.