The Impending Crisis of the South: How to Meet ItHelper, Hinton Rowan
History
The Impending Crisis of the South: How to Meet It
Helper, Hinton Rowan
Slavery -- United States
"_Resolved_--That we will not import any slave or slaves, or purchase
any slave or slaves imported or brought into the Province by others,
from any part of the world, after the first day of November next."
In Iredell's Statutes, revised by Martin, it is stated that,
"In North Carolina, no general law at all was passed, prior to the
revolution, declaring who might be slaves."
That there is no _legal_ slavery in the Southern States, and that slavery
no where can be legalized, any more than theft, arson or murder can be
legalized, has been virtually admitted by some of the most profound
Southern jurists themselves; and we will here digress so far as to furnish
the testimony of one or two eminent lawyers, not of North Carolina, upon
this point.
In the debate in the United States Senate, in 1850, on the Fugitive Slave
Bill, Mr. Mason, of Virginia, objected to Mr. Dayton's amendment,
providing for a trial by jury, because, said he:--
"A trial by jury necessarily carries with it a trial of the whole
right, and a trial of the right to service will be gone into,
according to all the forms of the Court, in determining upon any
other fact. Then, again, it is proposed, as a part of the proof to be
adduced at the hearing, after the fugitive has been re-captured, that
evidence shall be brought by the claimant to show that slavery is
established in the State from which the fugitive has absconded. Now
this very thing, in a recent case in the city of New-York, was
required by one of the judges of that State, which case attracted the
attention of the authorities of Maryland, and against which they
protested. In that case the State judge went so far as to say that
the only mode of proving it was by reference to the Statute book.
Such proof is required in the Senator's amendment; and if he means by
this that proof shall be brought that slavery is established by
existing laws, it is impossible to comply with the requisition, for
no such law can be produced, I apprehend, in any of the slave States.
I am not aware that there is a single State in which the institution
is established by positive law."
Judge Clarke, of Mississippi, says:--
Public-domain text, read in full here on John Shaqi.
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