The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-04-30

Inc W0ltc race.
If then there is no suficient title to the
mother growing out Of the considerations
cited, ! repeat the inquiry again, whence
the origin Of the title; on what sufficient
reason Is it based?
1t IL not found at common law. This j,
admitted by all jurists, all elementary
writer's on the subject. will not consume
the time Of the Senate with the argument
of this proposition. This is deemed useless
where the authorities are uniform. will
content myrelf with making two or three
citations only.
In giving the opinion Of the Court OF
Kings Bench in SOmmersett's case Lord
Mansfield said:
The state Of slavery is Of such nature
that il il incapable of being introduced on
any reasons, moral or POLITICAL, but only
by positive law, which preserves its force
long after the reasons, occasion, and time
itself. from whence it was created, is era
sed from the memory; it 10 Of q nature that
nothing can De suffered TO support it but
positive law
In the Dred Scott case, Mr.. Justice Nc
Lean said:
For near a century the decision in Som
mersett's case has remained the law Of
England. The case Of the slave Grace, de-
cided by Lord Stowell in 1877, does not, as
has been supposed, override the Judgment
Of Lord Mansfield. Lord Stowell held that,
during the residence of the slave in Eng
land, mo- dominion, authority, or coercion
can be exercised over him."
"There is no other description Of proper
ty which was not protected in England,
brought from one of its slave islands. Does
not this show that property in human
being does not arise from nature or from
the common law, but, in the language Of
this court, 1T is mere municipal regula-
ton, founded upon and limited to the range
of the territorial laws?' This decision is
not II mere argument, but it is the end Of
the law, in regard to the extent of slavery.
Until it shall be overturned, it is not a point
for argument. It is obligatory on myself
and my brethren and on all judicial tribu-
nails over which this court exercises an ap-
pellate power"
And Mr.. Justice Curtis, in the same case,
said:
"Slavery, being contrary to natural
right, is created only by municipal law
This is not only plain itself, and agreed by
all writer's on the subject, but it is infera-
ble from the Constitution, and has been
declared by this court. The Con-
stitutiOn refers to slaves as persons held to
service in one State under the laws thereof
Nothing can more clearly describe q status
created by municipal law
In Prigg vs.. Pennsylvania, no Pet, 6ll)
this court said:
''The state OF slavery is deemed to be q
mere municipal regulation, founded on
and limited to the range Of territorial
laws"
But we view this as q right existing by
positive law Of municipal character.
without foundation in the law Of nature or
the unwritten common law"
Justice Curtis remarks, after citing list
of authorities ON this point:
II am acquainted with no case or writer
questioning the correctness Of this doc
trine.'
The opinions OF the courts of England
and of this coantry. State and National, in
the slave States as we'll as the free States,
seem to have been uniform throughout. It
is not legal or judicial question, there
tiles, but it is maintained by all alike
Hence slavery cannot have any support at
common law.
inquire in the next place if ithasa legal
existence by virtue of any municipal or
statute regulation? On that point will
content myself by reading from aspeech
delivered in 1850 on the floor of the Senate
by Mr.. Mason, Of Virginia, then a mem
ber OF this body, in reply to speech made
State of New Jersey, when the bill to enact
the fugitive slave law Of 1850 was before the
Senate. Mr.. Mason said:
s.Then, again, it is proposed as part OF
the proof to be adduced at the hearing after
the fugitive has been recaptrred, that evil
dence shall be brought by the claimant to
show that slavery is established in the
State from which the fugitive has abscond,
ed.'' Y ''Such proof is required
in the Senator's amendment; and II he
means by this that proof shall be brought
that slavery is established by existing laws,
il is impossible 10 comply with the requisi-
ton. for no such proof can DC produced,
apprehend, in any Of the stdvc States. am
not aware that there is single state IN
,chich the institution is established by taU."
Cong. Globe, voi. p, part ?, page l,5s4,
thiyty-frst Congress, first session.
Ifit does not and cannot existat ommon
law and does not exist by virtue of any
municipal or statute law, and cannot be
justified by human reason, pray whence
the origin Of the title Of the master to the
services of an adult offspring Of slave
mother? The only remaining law that
can be cited for its support is the Levittcal
code. This code is sometimes cited fol
this purpose. These are the words usually
quoted:
''Both thy bondmen and thy bondmaids
which thou shall have shall be of the heath
en- that are around about you OF them
shall We buy bondmen and b0ndmaids.
"MOreOver, Of the children Of the strang-
ers that do sojourn among you, of them
shall " buy, and Of their families that are
with you, when they begat in your land,
and they shall be your possession.
"And We shall take them ~ an Inherit
ance for your children after you to inherit
them for possession: they shall be your
bondmen forever. Levitt. 5, A, 45
and 49,
This declaration of Divine Law, if il
stood alone would need explanation. But
this Is not the whole Of the code bearing
On the subject. The civil code contains 9
provision for the naturalization Of foreign
ers. embracing all those who were "b0ught
with money Of any stranger, not Of" their
seed !" only those who refuse to conform
70 the requirements Of this law were to be
sscut on = from the rights Of the Hebrew
neople.-rSee Gen. XVII, 10 to IL
All naturalized foreigners, and native
b eathens, whether bond or free, acquiring
among the Hebrews, ~ naturalized for
eieners do here, in the United States all the
ri1hts. privileges and immunities Of citi-
xenship. Thenceforward they were treat.
ed as native Hebrews.
The Hebrew slave code applicable to en-.
shaved Hebrews is in these words:
"And If thy brother, an Hebrew man, OF
an Hebrew woman, be sold unto thee, and
serve thee six years, then in the seventh
r. = - n.