Brookville American. [volume] (Brookville, Ind.) 1858-1861, 1860-10-19

nronertv the owner has 4 vested rich
lin. in ali civilizod countries in which I,
NAV be found Sncb also ;s the com
mon law. Yet that law gives no prom
ertv IN slaves.
There are two kinds Of propertv
Absolute property. to which the rigR
exists everywhere and under ali Dir
cumstanccs; and qualified property, e
which the right depends on circum stan,
lces. The right to a mans horse is not
AFFECTED by his straying or running
away. But if wild. animal, in which
there is no natural right of property
be reclaimed, The possessor has property
ID him *; long as no rarrains saoe; but
tho very inoment ne ose~Pcsso h'~ srtivf
forest. aid becospes viii again, the own
crship coases' This kind OF property is
very analogous TO that in slaves. The
right Is qualified by local laws; beyond
that there is Do.right'
Judge fancy admits that this would
be the case were II not for the Constitu-
ticn' lie says, there Is no law OF ma
lions stanalhg IN tno way, because the
right OF property in a slave is distinctly
ana expressly anirmed In the Constitu-
ton Where does he ind thisf In
that clause which provides that "no
person helu 70 service or iapVr ln,one
state under the. laws thercofescaping
INTO another state, shall IN consequence
OF any law or regulation therein, De DIS
charged from such service or labor, but
snail 90 delivered up. on claim OF the
party TO whom such service or labor Is
due Tl,is provision, instead Of affirm.
ing PROPERTY in slaves, most conclusive.
~ provides Tho contrary. 1t does not
say if SO piece Of property escapes,
etc; but IL 'person" escapes, etc. II
tire duty TO return them Implies prop.
erty, then escaping felons and traitors
ure property. The same aection Of the
Constitution provides that "if person
charged IN one State with treason, fel.
Ony or other crime, shall fce to another
State, he shall DO delivered up on de-
mand, etc. The argument makes thoml
property as we'll as slaves.
lfs.aves were property, 10 such pro !
vision would be necessary, but would
be absurd surplusago. Ifa horse or OK
c<oa pes, or is stolen and carried into h
peighboring State or foreign nation, no
coflstilutional provision 10 necessary Tor
ils recovery. BY tho common law aud
tho law Of nations, tho title remains
unimpairod, and tho owner may recap.
turo'it wilhoutn q process, or cntef t6s
courts and rccover u by law. This
rlqht applies 20 every article Of prop
etf55 5f-'-i<,-. -.s'lisi p ~ -rrs<r'l =
made provision for the return ofprop-
efly. But without such provision with
regard to slaves, the moment they were
iound IN free or foreign States, oil title
would DO gono, and would bo now II
found thero In any other way than rs
lugitives. If voluntarily taken or eent
there, what becomes OF tho Judges idea
oi property As no article OF property
requires u constitutional provision to
protect II, and as slaves do require 1t,
II follows M nm Irresistible conclusion
that slaves arc not property. To assert
tho contrary Is n logical absurdity.
am aware That ! am combating, not tho
Judgement OF tho Court IN case before
thom, but thoir volunteer dissertations
ON q collateral point Those are OF no
binding force, but are what tho lawyers
call oOVcr dlcfd, which, being fairly
translated, means "the idte gobblc Of a
Judge
IL had bcon bottcr for tho reputation
of this old man had ho been silent upon
this political question. In order TO sus'
tain his partisan views, and crush u
perseouted race, no was Obliged To writo
ialeo chapter In tho most important
part of tho history of his country. In.
stead of Frightening tho characters Of
the iluslrl0ua men OF tho Revolution,
by elueidating aud sustaining thoir glo.
rious principlee,ho has sought TO degrade
them by proving that they did not mean
or did not understand what they said.
To do this ho has perverted tho moan
Ing of their immortal words. llo con
tends that call mon" moan less than one
third part OF tlt0 human raco and that
"pcoplo' means "%hite.iolks;" that tho
authors Of tho Declaration Of lndepon
deneo and OF tho Constitution, while In.
auguratng u now and startling epoch
Ia tho science Of Govcrnment.-an epoch
of liberty and C0uallty--weto preparing
u system which denied that whole
race or Gods immortal creatures had
"any riahts that whito men woru bound
TO respect"
While they dcnouncod tho doctrine OF
tho "diyine right of kings sustained by