Slavery -- United States; United States -- Politics and government -- 1849-1853
“The first objection,” says Mr. Justice Best, in the case of Forbes
and Cochrane, “which occurs to me, in this case, is that it does not
appear, in the special case, that the right to slaves exists in East
Florida. _That right is not a general but a local right_; it ought,
therefore, to have been shown that it existed in Florida, and that the
defendants knew of its existence. Assuming, however, that those facts
did appear, still, under the circumstances of this case, this action
could not be maintained.
“The question is, Were these persons slaves at the time when Sir
G. Cockburn refused to do the act which he was desired to do? I am
decidedly of opinion that they were no longer slaves. The moment they
put their feet on board of a _British_ man-of-war, not lying within the
waters of East Florida, (where undoubtedly the laws of that country
would prevail,) those persons who had before been slaves were free....
Slavery is a local law, and, therefore, if a man wishes to preserve his
slaves, let him attach them to him by affection, or make fast the bars
of their prison, or rivet well their chains; _for the instant they get
beyond the limits where slavery is recognized by the local law, they
have broken their chains, they have escaped from their prison, and are
free_.” 2 Barn. & Cres. 466-7; _Forbes_ vs. _Cochrane_, S. C., 3 Dowl.
& Ryland, 679.
“I am of opinion,” says Holroyd, J., in the same case, “that according
to the principles of the English law the right to slaves, even in a
country where such rights are recognized by law, must be considered as
founded, not upon the law of nature, but upon the particular law of
that country.”
“The law of slavery is a law _in invitum_; _and when a party gets
out of the territory where it prevails_, and out of the power of his
master, and gets under the protection of another power, without any
wrongful act done by the party giving that protection, the right of the
master, _which is founded on the municipal law of the particular place
only_, does not continue, and there is no right of action against a
party who merely receives the slave in that country, without doing any
wrongful act.”
The definition of slavery given by the Roman law implies that it is
local: _Servitus est constitutio juris gentium, qua quis dominio
alieno_, CONTRA NATURAM, _subjicitur_. _Commonwealth_ vs. _Aves_, 18
Pick. Rep., 193; _Lunsford_ vs. _Coquillon_, 14 Martin’s Rep. 402.
“The relation of owner and slave is a creation of the municipal law.”
_Rankin_ vs. _Lydia_, 3 Marshall, 470, Ky.; _Butler_ vs. _Hopper_, 1
Wash. C. C. Rep. 499; _Ex parte Simmons_, 4 Wash. C. C. 296; _Marie
Louise_ vs. _Marot et al._, 9 Curry’s Louisiana Rep. 473.
Public-domain text, read in full here on John Shaqi.
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