Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-03-01
From The m2n,somsry VAIL l,......,,,,., !,


Moreover. the Chief Justice (TaneyG
I in his elaborate opinion, announced what
had never. been heard from any magis-
trate Of Greece, or Rome-what was un-
/ known to civil law, and canon law, and
/ feudai law. and common law, and con-
stitutionai law; unknown TO Jay, TO Rut-
/ ledge, to Ellsworth and Marshall-that
! fbere are "slave races. ~ BG1cr0ft's s
/ Grafton on Lincoln.
Although Mr. Bancroft is the author
/ of an elaborate History, which has lost
/ its authority even before completion, be
! shows by the above assertion, that he is
/ willing TO sink whatever character he
/ may yet have as a historian, into that Of
a political trickster. He and lis allies
! have whipped the South upon the ques-
/ ton Of slavery; but he nor his allies can
whip History. The bold assertion which
he has made, in condemnation Of the
late Chief Justice, may be met by this
simple recital of fact.
A short time prior to the wear 1918
/ contract had been formed between Spain
and a French company, called the Royal
Guinea Company, to supply the Spanish
American colonies with negroes at a fixed
price. BY the treaty of Utrecht, Of
April II, l7l3, Great Britain, through
her diplomatists, hy the payment of
consideration, obtained a transfer Of this
contract. A new contract was formed,
by which Great Britain was to supply
J. 500 slaves within thirty years, TO the
Spanish American Colonies at u fixed
price. Almost Immediately after this
new contract, for The spirit of
abolition was just beginning 70
show ITSELF a question arose in the
English Council as to the true legal char
acter Of the slaves thus TO be exported to
the Spanish-American colonies: and ac-
cOrding to the forms of the British Con-
stitutiCn, the question was submitted by
the crown in council 10 the Twelve
Judges Of England. The opinion of the
Judges was in these words "In pursu-
ance Of His Maiesty's order IN Council
hereunt0 annexed, we do humbly certify
our opinion TO be that negroes are Bleg-
chGadjsen This opinion was signed by
Lord Chief Justice Holt, Judge Pollex- (
fen, and eight other Judges of England. I
Mr. Bancroft and the AbOlitiOnists may
gnash their teeth at it as much as they I
please; but there stands the historical |
fact that the Judges of England declared 1
from the Bench, through Chief Justice /
Holt, one of the greatest luminaTies Of
the law, that negroes are merchandise, /
and hence that the negro races are I
"slave races" Chief Justice "Taney,
therefore, announced what was known to 4
the civil law, under which the Spanish .
contract was made, and to the common I
and constitutional law, under which /.
Chief Justice Holt gave his opinion and
which should have been known TO every
JOlerable historian.
There have been ''slave races in the
world since the curse of Ham--races
from which every nation Of the world
have taken slaves, as If by general con-
sent, but Chief Justice fancy did not say
50.
Mr.. Bancroft declares that nobody
ever heard of slave races but ten of
the twelve Judges of England who
hourished Just before theTsvOlution, had
heard Of such races and if Chief Justice
Taney had said that negroes had been
merchandise from the beginning OF the
world to this day, he would have spoken
a truth which Bancroft knows, but de-
MES
A WAR ANEcDOTE.-Col Haros Won
Borcke, who is writing for Blackwood
the story Of his adventures as aid TO the
Confederate Gen. Stuart, during the war,
tells the following story which, being at
his own expense, is probably true:
One Of the Yankee officers, who. as 7
was later informed, was the Colonel Of
the regiment that hat effected its escape
from Harper's Ferry, had attracted my
attention by his gallantry and the excel
lent dispositions he made Ofhis troops.
saw him again, gallOping very near Us
on handsome gray horse, quickly dis
covering our weak points, and posting
and instTucting his men. accordingly.
After having left him undisturbed for
some time, I thought il necessary To put
a stop 10 his proceeding, and selecting a
couple ofmy infantTvmen who had been
pointed out 10 me as the hest shots, I
made across the OPenspaCe in front Of our
lines directly towards him. Having ar
rived within reasonable distance [ or
iered my sharpshOoters TO fire at the {
daring Colonel, who was moving along
At an easy gallop, without paying me
The slightest attention. After several
bullets had whistled quite close to him.
he suddenly halted, and turning around
advanced a few steps and made me a
military salute in the most graceful man
ler possible. Then calling out to one of
his men to hand him acarbine, he raised
he weapon took a deliberate aim at me, (
and sent his ball so close 10 my head that
thought it carried away lock Of my z
lair. l saluted him now on my part, !
md wheeling around quietly, both of us
ode back to our respective lines So
,Ourtesies are sometimes exchanged in +
.hs midst of hostile conflict !