Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-11-26
Loose LOGIC OF ..lbertr.

in reviewing the recent declaration of
principles Of the National Democracy" of
the nation of Hamilton County, the Com
mercidl remarks ".I
y 'The great men of the South, in their
long and assiduous pursuit of the defenses
of slavery extension, have never yet put it
upon the ground that the slave tenure sub
sists independently Of Law. They have la
bored under the delusion, shared by nearly
all persons in the Northern States, that
slavery is the creature of law, and that
wherever no law of slavery exists, it needs
a law for its protection, aud can not safely
subsist without it.n
In a discussion which affects logic, it might
he well for o journal to find its own posi-
tion, though it is by no means essential to
an able article in metropolitan paper. The
first part of this extract declares it the uni
versal doctrine that slavery is the creature
of law" that is, the law creates slavery but
ii tapers dowa like giraffe, TO amid declara-
tion that where no law of slavery exists, it
needs law for its protection, and can not
safely subsist without it,"
OF course it needs law for its protection,
but does that make it "the creature Of laww
A man needs law for the protection of his
farm and horses and children, but does that
make them the creatures of law? does the
law create property in themf 1t does it just
as much as law for the protection of slave
property creates that property.
Let Us try this rule. If slavery is the
creature of law-exists only by positive
law--tben positive law can make slave.
Behold the triumph Of the iuexorable logic
of one of the champions of, ,"the party of
ffeedoml" Law Transforming free man
into a slavel The most ultra shareholders
do not claim any such right. Of course the
positive law which can do this is not linn
tied by complexion. See what we are all
coming to by the logic of freedomI
With such an idea Of the tenure of slavery,
it Is not strange that the Commercial thinks
that the right of master to take slavO
property into the Territories, carries with it
the right to take bank charters, lottery
charters, laws prescribing the age of ma
iority, and other regulations, which have
no existence without law, into the Ter
| ritories.
! Is it not singular that spark Of common
sense is never allowed to penetrate the sub
iect of universal and perpetual discussion
Slavery is the right of the strong over the
weak. 1t exists by force; and by no other
right. AS between the master and his slave
there is no law which can say that one shall
be the servant Of the other. No such law
can put any obligation on the negro; there,
fore it could not, in the least, change theiI
relations. But, as between the master and
his fellow white man, the law can protec
her acquired rights, and it does. A law tt
declare that the OK or the ass should sery'
the man, would impose no obligation oil
these animals. But law, Furnishing an
other man for trespassing on them, woult
impose a penalty on him. But it woul,
not create nor change the relations Of the MAJ
and his domestic animals. Neither does o
can any law, in regard to slavery, create o
change the relations Of master and hi
slaves. The right of property exists.
was originally acquired by force. That
lis sole tenure now, SO far as the slave
concerned. He has the right to seize hi
liberty if he can. But as to other whit
men, the law will punish any trespass o
this property, the same as on any Otht
property. The title to it is neither mad
! nor abolished by law.