The Anti-Slavery Examiner, Part 2 of 4American Anti-Slavery Society
History
The Anti-Slavery Examiner, Part 2 of 4
American Anti-Slavery Society
Antislavery movements -- United States -- Periodicals; Slavery -- United States -- Periodicals
[Footnote A: The fact, that under the articles of Confederation,
slaveholders, whose slaves had escaped into free states, had no legal
power to force them back,--that _now_ they have no power to recover, by
process of law, their slaves who escape to Canada, the South American
States, or to Europe--the case already cited, in which the Supreme Court
of Louisiana decided, that residence "_for one moment_," under the laws
of France emancipated an American slave--the case of Fulton, _vs._
Lewis, 3 Har. and John's Reps., 56, where the slave of a St. Domingo
slaveholder, who brought him to Maryland in '93, was pronounced free by
the Maryland Court of Appeals--are illustrations of the acknowledged
truth here asserted, that by the consent of the civilized world, and on
the principles of universal law, slaves are not "_property_," and that
whenever held as property under _law_, it is only by _positive
legislative acts_, forcibly setting aside the law of nature, the common
law, and the principles of universal justice and right between man and
man,--principles paramount to all law, and from which alone, law derives
its intrinsic authoritative sanction.]
9. CONGRESS HAS UNQUESTIONABLE POWER TO ADOPT THE COMMON LAW, AS THE
LEGAL SYSTEM, WITHIN ITS EXCLUSIVE JURISDICTION.--This has been done,
with certain restrictions, in most of the States, either by legislative
acts or by constitutional implication. THE COMMON LAW KNOWS NO SLAVES.
Its principles annihilate slavery wherever they touch it. It is a
universal, unconditional, abolition act. Wherever slavery is a legal
system, it is so only by _statute_ law, and in violation of the common
law. The declaration of Lord Chief Justice Holt, that, "by the common
law, no man can have property in another," is an acknowledged axiom, and
based upon the well known common law definition of property. "The
subjects of dominion or property are _things_, as contra-distinguished
from _persons_." Let Congress adopt the common law in the District of
Columbia, and slavery there is abolished. Congress may well be at home
in common law legislation, for the common law is the grand element of
the United States' Constitution. All its _fundamental_ provisions are
instinct with its spirit; and its existence, principles, and paramount
authority, are presupposed and assumed throughout the whole. The
preamble of the Constitution plants the standard of the Common Law
immovably in its foreground. "We, the people of the United States, in
order to ESTABLISH JUSTICE, &c., do ordain and establish this
Constitution;" thus proclaiming _devotion_ to JUSTICE, as the
controlling motive in the organization of the Government, and its secure
establishment the chief object of its aims. By this most solemn
recognition, the common law, that grand legal embodyment of "justice"
and fundamental right--was made the groundwork of the Constitution, and
intrenched behind its strongest munitions. The second clause of Sec. 9,
Art. 1; Sec. 4, Art.
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