Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860Bartlett, D. W. (David W.)
History
Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860
Bartlett, D. W. (David W.)
Statesmen -- United States; United States -- Biography
"There was some contrariety of opinion among the judges on certain
points ruled in Prigg's case, but there was none in regard to the
great principle, that slavery is limited to the range of the laws
under which it is sanctioned.
"No case in England appears to have been more thoroughly examined
than that of Somerset. The judgment pronounced by Lord Mansfield
was the judgment of the Court of King's Bench. The cause was
argued at great length, and with great ability, by Hargrave and
others, who stood among the most eminent counsel in England. It
was held under advisement from term to term, and a due sense of
its importance was felt and expressed by the Bench.
"In giving the opinion of the court, Lord Mansfield said:
"'The state of slavery is of such a nature that it is 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, are erased
from the memory; it is of a nature that nothing can be suffered to
support it but positive law.'"
In relation to the connection between the Federal Government and
slavery, Judge McLean remarks:
"The only connection which the Federal Government holds with
slaves in a State, arises from that provision in the Constitution
which declares that 'No person held to service or labor in one
State, under the laws thereof, escaping into another, shall in
consequence of any law or regulation therein, be discharged from
such service or labor, but shall be delivered up, on claim of the
party to whom such service or labor may be due.'
"This being a fundamental law of the Federal Government, it rests
mainly for its execution, as has been held, on the judicial power
of the Union; and so far as the rendition of fugitives from labor
has become a subject of judicial action, the federal obligation
has been faithfully discharged.
"In the formation of the Federal Constitution, care was taken to
confer no power on the Federal Government to interfere with this
institution in the States. In the provisions respecting the slave
trade, in fixing the ratio of representation, and providing for
the reclamation of fugitives from labor, slaves were referred to
as persons, and in no other respect are they considered in the
Constitution.
Public-domain text, read in full here on John Shaqi.
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