, 1866-09-18

ton gives to the slAvs Lis civil tlght3 and con.
eonsent cons Of the master, and moral assent of lie
slave, from 4he moment uftreedom. although dor
mant dnIinE the slavery, produces al TIC effects
: Tic Supreme coust Of North CarolIna il the
eaee ofi1owasd ss. Howard, e Jones, Law r aa6,l
and upon the case last cited says "a slaye beIn:
property has not the legal capacity 70 make CON
hs a5ies tnsasn ns fights or
upon the subject as above, says, four attcnuon
Wss VS. called to Glrod ys. 1swis" No authority is
cept The suggestion tf / tho marriage being dor
mani during the ela:.ay. Is endowed with full en-:
s5 from ,He ot fssesm Ws ;,s a,s forced
tancful conccIt {Ee say With Fcspect) than The
ground Of 7onAa Judgment
The supreme conr. Of A1ae4ma, IN the case Of
Maltnda Ct nj. vs: Gardner ct al, lsi Ala, Sal In
passing npon 9 slave marriage, says;
proper OF their lhes for the reason that both the
luther and mother were slayrs, and persons In
that condition arc incapable Of contracting mar
dntlcs and rights with reference to which It Is
supposed to he entered into. TT.
In thiscase ahe court cites with approval The opin
ion Of the 1onfsIaua court in the case Of Gifa1d
w. Lewis, above cited and places great stress upon
The point that In the case before the court there
was no evidence that thc; relation existed At any
that The relation was broken ot before cfnaueIpa-
ton. The conr1s hare always been very cautious
In prononncsu:s; against marriages which wcEc
religious sect, or according 10 the manners and
customs OF any nation or race OF people as will
o ,s o19"pss a5 IN
johnson administrator f9N, Mo. Sal IN passing
upon the validity Of marriage between white
Ses aR Sa yindaas
merely natural contract and neither. law, GUS
torn nor religion has affixed any conditions. llml
has prcserfbed Permsncney is @ not 70 a be ressl
OF naturc; otlcrviee ali such connections as have
Amcliesn ind;ans.sitler be,~een persons q
Ssssa., % q Ssussa H. xa!,s da I'D 1ad{ss 9as
'' The law Of States where slavery Is prohibited,
OF not sanctioned, recognizes neither slavery nor
II sass wifio heIF oTn 5sEtesia1
Jndse Skinner IL delivering ne opinion ef til:
eonEt in Rodncy rs. Illinois Central Railroad
says r. IT,, ths Sta,s: where It
laions of snc siaies, which have no extra tefii-
to.inl operation and no binding force in another
f,oyersiSn.y Ths ewnsr .hsreors by f1Gcs Of
has no property in the fugitive, ana an:hese nm
der Stale authority assert no property in power
taa tie s Sn
the PURPOSE Of bastal dfNno the Issue Of thu dead
or eiaudesInS the living.
The slave In lhc Southern Statcs o:yed service
to his master not hv the law Of nature, but under
the lccA1 law, which law fixed tho termination or
that seryitudc at the end OF the natural lie or
euch Elsyc. Tie etrIct legal right to tAo
service i tic in the parent as ID the MASTER
tho term. In The ease Of The e,1ancipatiou Of tho
Child from The power Of the father the marriage
couraCtel during Lis seryituiie is good {ls Tc
have ecenl unless Lc rcpudi1tes # ,it5on arriving
At lis majority Appy this principle 10 thc e1nan.
cipatcd aiaye aud i Haarriat.r con,rnctetl dnrinr
slavery would l,c good npon e,nnucipa:iun II thIs
taf;ics were nil 1iyipr md il dead fha children
t,f sucf, marriagc, upon being cuaucipatcd. would
be legitimate.
Al au carly day there was statute IN MaseachN-
sctts providing that no muster should uarea.on-
ably deny marriage to his negro with one ar thc
same nation; any law tom OF uea.c to The con.
trasy ynotwiihstanding.' prov. Stat of Oct, t705,
{. " s.n1 MI. DisEon IN lila ul,ie work On IL <
al tIr rroylsou or OF judicial ntiiulIc3tjnn nnnn
rfagcy wcro deemed 10 be yalid md the ricbfs of
siirf.rcc wore eyt.1.de 10 sinves r., s.me 80 ~
Ir.cmcn and in Tho y.rsr isiS noo-t, sisra ala
nrfnal.r o1faf9 dfvnyre frnrn fhc f:n.ernnr AMI
CnMnrii Enr Tia 1rif;.x ainitcrr viii - villa
mani fDn;nrr asg >nrfn~ ill., ,r;stnco - "A'. r.
slavery ii New FORK. 1Ecre was sfa,utc
nroyit,ne thai iii marriages. whc,e nnc or hnth az
iii. nnrties nT sisyes arr enrniiv rsiid "a
tht. ,ariirs crc frer md frir isert. il derf,IS1
10 he jrcitinate. and il 5yns hc.d in Marhie,n,rn
"a Ei,Seion ri Johns IL that .rhan a Il .rc nav
and f;rc yr,,rI,an intcrrnsr-v tha ri,;fSr"n n-.
Of such marriagc were TO he decn,sd thr fnce AMI