The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-26

-idn ptctsl N uy n5I3 VI Us ftll1tl
TIE proposition thai .reedar :Ae general rule and
slavery the local execution has no .oundson n Say jus:
distinction taken BY Judge Paine between sisYe property
and other noveaoes.
a. Properly in no7eablss dies nc. exIs. By aa.rrc,
acquisition or tranfer.
Every title TO movesoss must have =. o. gin in some
law TDsi origin always aae by The -susripsi law
Of the place whore acquirea ana sash "a ne yer hs
pr Sc any extra terrtos isi operation
:, Mhen me movss.hs xtn .. Without tbs p-esenc,
under whose iavs The :te 10 :Eeus was ro:-st 4 10.
ponds Oh 'hs VIII OF such la.tsr sa,o COW .ar 9 :ko
Peters SO .'' A'' o. u Ausns'A " eA'''' 10
q Il has become universal pr-,r,s aras5c cv,se,
naaone 10 recngnse snoh .3-e'En law exoep. 81 !.
may be specially prescribed This mage aosouats 20 sn
agreement between tia nas'oDs ana Esnos 10 ,dea Of
property ~ :oe 80 called law u rsIions,
Hence viii be that properly 10 Ar,an negroes
not a. exception 70 any general rlis Upra rG.lcnal
per,y And there r2nea anver.aii:J ab,,t tnst
IL no snzed STATE or country could IL absolutely de-
MED all legal protection
w. In fac, s violation Of tie principles Of en-
lshicned oscs nor aSy departure from the otsses Of
pure oeneyoepcs N boijDs Desr,ss sate OF slavery.
Men, whether black or White, clnnot exs. v..h crib
nary confor ana IN reasonable safety c.herwse nsn n
the social stats.
Negroes. aone ~, usAas. BY The susrdiarsAip Of
ahotn-r race, cannot sustain civilized social SAL,
This proposition not require for its supper.
assertion depat Of the unity OF the huEan race tie
Application Of Noahs rnadis;oa 70 Gsa $3.50, Or :he
possibility that time Sas changed and ay sgsn change
tho Ehiopian's physical snd moral nature
is only Necessary 90 sis~ the negro 70 10 is, and
10 creo The paipaos nDdeuisoic truth the. the latter
phenomenon cannot happen within :hoasaaas OF yea-s
For all the ENDS o. ja sp' udescs hts perps.uiy.
(faccio'a,,i's Latin Lexicon "Aeth,ops'D
The negro never has sustained civlizet socr. or
ganizaion, and tna. nc norer is slccn.y NANTES.
from history, is proven ~ the RAPID though grairs re-
PROGRESSION Of Bay toward taa most profound isp,bs
destituon, ignorance and 5aroarsrn. (Nocrocag Geog
Hayn: PIP 6a3, ~
That, alone and unadod, he never cen sustain a
civilized secisl organization proven to al reasonable
minds by the fsctt5a. single member Of hs
never attained proHc'eocy ia any art scencs
A mcdiocri:y below the Standard Of qualification
for the important dases OF goverrmen, Tor guiding
sDe AFFAIRS Q. socty Or Tor progress in The ABSTRACT
but is universal amoogs. negroes Not snge negro
has ever risen above Matte rr'e Geo book SO, ps
GregoIes Literature OF the Negroes Bog Univ. supt.
{. follows that 10 order to obtain De Measure Of res
for q 2
must remain IN state OF page under the government
OF some other
Ho ia ach;ld Of the sun In cola climates be perishes
in the territories adapted to MS Abors and which alone
his race can be perpe.uased 20 will not toll,
pnlson, and tho white man cannot endure continued
physical labor but each can perform he appointed task
the negro can labor, the white man can govern.
Morality or those Dictates Of enlightened reas,n
which have sometimes been called the Law Of nature
not obge any man to serve another without equivalent
reward for the service rendered
me Obligations Of charity FORM exception TO this
rule Charity eDoins gratuous service 70 these who
unable 10 repay; It is not due to sturdy ndolspce.
The universal voice OF mankind coacetes 70 the pa
rent right to the profit and pleasure which may DO
rived BY him from the services Of HE minor ella e
due return for guardianship and nurture.
Who shall deny the claim Of the intellectual white
race to its compensation for the mental o Of governing
and guiding the negro aborer9 The learned and sxfa
states man. SOLDIER physician, preacher other expert
holds dominion over matter, Il clothed with poxer ard
surrounded with materials for the emf yent or mental
and PHYSICAL lux uries in proportion 20 tho OK his
the mechanical and agricultural abcrer, whom such
epjoyments denied the social order, founded In
the different na.ura. capacities Of Individuals in tho
family, which produces these inequalities is not unjust,
who can rightfuly say Of the Ike inequality IN condition
bet xeen races differing in capacity, that contrary 10
to are guilty Of fraud and rapne, that they coosmt
violence right which forbidden by oraa.y9
t,ioure"are all the preccps OF the moral law. ms
honorable STAKEHOLDER keeps then perfectly any
other member Of human society tas' Book 1, IT. !,
The cruees Of vicious slave owners and the horrors
OF the slave trade are topics quite irrelevant. 10 uni
vcrsa experience that wealth and power aord occasion
for the developement OF mans eyl propenst; but as
they also the necessary Of hig improvement
they cannot be called evils in their nature.
The tone Of mind, which, arrogatng 70 itself superior
purity OF life and higher moral tone than IN the thon
ing state Of knowledge could be supposed TO hare existed
ch 2epons, duty, total abstinence from vine, 10
well kept up in the assumption o. po,cal and moral
excellence beyond the mental reach Of ses, and tho
consequent demand for immediate abolition Of negro
slavery.
c. Certain assumptions Of anti slavery sS.ators have
been too much INDUCED By the m?oere, peaceful and
conservative Chief Justice Marshall let pa,s uncon.
demned their irrelevant tviay about Inc law Of naure
70 Peters Cond. &c. 10 Wheaton ll4) and Chief Justce
fancy comedies to them that the negro race, merely be-
denied political rights is to be regarded unforp
nate" (l9 How. p 4o7) and unhappy" Cd. 1907 Tho
fathers Of the republic when for ming tenn porary league
in the face Of the foe and on the eve Of balte a Cushing
2sb) declined to peril ali by delay and dscord upon
scrupe about inserting in the compact an unnecessary
word 9 How 576); but when those TO whom for peace
cake ian inch has been thus conceded, proceeding
the stake an el principle, demand as consequences Of
the precedent the power to destroy ust withdraw
all such concessions and go back TO principle.
Second Point-The unconstitutional and revolutionary
anti slavery resolutions of April cannot retroact 30
Vol as p rs to ss, article Xanjes, Dssiny Prior to
that Time legislative of this State had declared
emancipation ipo Jo; nor had any statute been enacted
which, by its true Interpretation, denied to fellow c
zons OF other States an uninterrupted ransis through
our territory with their negro slaves.
The special niuSetons and guarantees Of the federal
constitution TO citizens Of the several States free
tercourse with al parts OK the republic
H. Even interstate comfy, in its spes. form, awards
free transit to members OF friendly State with their
families and rights Of property without disturbance Of
cases cited Paine j., sandfords R. 40. McDoagan Ar
60. Scam. 457. 46S.)
pronounce slave property an exception TO this rue upon
the general ground that slavery Is immoral or unjust
Every American citizen bound by the constitution Of the
United States to regard il being free from any moral
faint which could affect its claims to legal recognition and
protection, SO long any State in the Union shall up
hold il.
l. The provisions Of the federal constitution for s pro-
lection cannot otherwise be kept in candor and good
faith.
In this spirit faithful Christians and even honorable
unbelievers keep all lawful contracts.
3. Portals mode Of keeping promises ('Merchant Of
Venice act 4, scene ~ is allowable only in respect to
pacts having the form Of oontraas but which are OF ne
binding force or obligation in law or morals.
l. The American citizen, who, applying Shaksperc's
doctrine carries in his bosom chapel Illuminated by the
higher law aud devoted TO those informal deiues Eva
sion and Crcrmvennon may be Justified il tho constitu
tonai compact be VOID; but If !. be VALID he violates
honor and conscience. may DO, however, that hts de-
vices too subtle and Ingenious 70 be reached by ord
nary legal sanctions {See last sentence IN Re Kirk,
Parkers Or. Cases, O5. Comwith. Y. Fitzgerald, Law
31Q Sims Casa--7 Cushing