Slavery -- United States; United States -- Politics and government -- 1849-1853
The legality of slavery in the District of Columbia has been assumed,
and practically acquiesced in, for fifty years. Had the question
of its validity been raised, and argued on the principles of the
constitution, immediately after the creation of the District, I believe
this territory would have been declared free soil. In my conscientious
opinion, slavery exists in this District only by original usurpation
and subsequent acquiescence. If so, Congress cannot be too speedily
invoked to abdicate the power it has usurped.
1. The first position I take is this: _That slavery has no legal
existence any where, unless by force of positive law._
If any man claims authority over the body, mind, and soul of one of
his fellow-men, and claims this authority not only for the whole life
of his victim, but a like authority over all his descendants, there
is no part of the civilized world where he will not be required to
show some positive law, authorizing the power and the bondage. If the
claimant says, “I am stronger, or I am wiser than he;” or, “I have an
Anglo-Saxon brain, while he has only an African brain;” or, “my skin
is white, and his skin is not white;” or, “I descended from Shem, and
he from Ham; and, therefore, he is my slave,”--there is not a court
in Christendom, which, though it may admit the fact, will ratify the
inference. If the claimant affirms that it is _morally_ right for
him to seize his fellow-man and reduce him to slavery; if he brings
the Bible into court as his law book, and cites Abraham and Isaac,
and Jacob and Paul, as his authorities; still, I say, there is not a
court in Christendom that will not deny the validity of the title, and
rebuke the arrogance of the demand.[6] Positive law, then, is the only
foundation of slavery. The authorities are numerous, if not numberless,
to establish this position. I shall not encumber this argument by
citing many of them. The few which I shall cite will contain a
reference to the rest.
The grand reason against slavery given by Lord Mansfield, in Somerset’s
case, was, “that it is so intrinsically wrong that it is incapable of
being introduced into any country, on any reasons moral or political,
and can only stand on positive law.” 20 State Trials, 1.
Chief Justice Marshall says, “That it [slavery] is contrary to the law
of nature, will scarcely be denied. That every man has a natural right
to the fruits of his own labor, is generally admitted; and that no
other person can rightfully deprive him of those fruits and appropriate
them against his will, seems to be the necessary result of this
admission.” Antelope, 10 Wheat., 120.
Public-domain text, read in full here on John Shaqi.
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