National Republican., 1876-10-20
THE LEGISLATION OF THE SOUTH.

Mr.. Webster once stated to a young friend
who was about to enter upon the study of law
that he had made it his duty as student and
lawyer to carefully read all the old acts of the
English Parliament, as these were the basis
of our own system of laws, and for the
further reason that the laws of a nation fur
nished the highest evidence of its progress, de-
velopment and civization, and that no Ameri-
can lawyer could be said to be a master of his
profession until he had not only studied the
laws Of his own country thoroughly, but also
those of the mother country upon which they
were founded. No higher standard of the
civilization of people can be established than
the one they themselves erect by their legisla-
ton, and no people or nation can refuse to be
judged by such standard.
The people and the States of the South can
not object to the presentation of their legisla-
tion as just measure by which to judge of
their fitness to be restored to the control of
the legislation and administration of the
nation, (for this is the issue in the present
Presidential canvass,) provided the evidence
is fairly presented, and It is the object of this
article to present this evidence, and to present
it fairly. In doing this shall take the legis-
lation of my own State of Texas, for the
reason that the legislation of Texas, from the
cosmopolitan character Of its population, is
and has been more liberal, humane and civil
lied upon all questions based upon and grow
ing out of our former domestic institution of
slavery than that of the other Southern
States; and it is this class of legislation only
that it is necessary to investigate, as, upon all
other nnactinns thora aYiste hut Effla differ
ence between the States, North or South, and
for the further reason that this class of legis-
lative enactments is the most important of all
that can effect the human family, for they in
yolye the highest of all questions that can agi-
tate human thought and action-the rights of
man. l shall present the record under three
hesds-frst, that before the rebellion; second,
that during the war, and third, that since the
close of open and active hostilities, by regular
armies, against the nation:
THE ANTE-BELLUM LEGISLATION.
1t will not be necessary to enter into the de-
tails of the legislation of these States upon the
question of slavery before the rebellion, or to
cite chapter and page, for 1t is too well known
to require such citation. 1t is only necessary
to state that, under our ante 6ellsal laws, the
slave was q mere chattel, having no more
rights than horse or an ass, and having no
protection except that afforded by the selfish
interests of the master, ard being cruelty de.
priyed of the sacred, marital and paternal
rights inherent to the whole human family,
the deprivation of which brutalized the whole
system of sour domestic institutions" This
mere brutal form OF slavery, however, was
bearable when compared with the intellectual
slavery it enforced upon the intelligence and
humanity of the white race, who dared not
discuss, investigate or question the bondage of
the blacks or the laws that were enacted for
their brutalization, under penalty of being
hung to the nearest tree as an sbolitionist.
The system eliminated in the national dis
honor of the fugitive slave law and the de-
cision OF Chief Justice Tsney, that the black
man had no rights that the white man was
bound to respect, and the attempt to enslsYe