FREE BOOKS

Author's List




PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  
e peculiar municipal technical common law of England, has won for himself the proudest name in the annals of her jurisprudence--the gentleman knows well that I refer to Lord Stowell. As late as 1827, twenty years after Great Britain had abolished the slave trade, six years before she was brought to the point of confiscating the property of her colonies which she had forced them to buy, a case was brought before that celebrated judge; a case known to all lawyers by the name of the slave Grace. It was pretended in the argument that the slave Grace was free, because she had been carried to England, and it was said, under the authority of Lord Mansfield's decision in the Sommersett case, that, having once breathed English air, she was free; that the atmosphere of that favored kingdom was too pure to be breathed by a slave. Lord Stowell, in answering that legal argument, said that after painful and laborious research into historical records, he did not find anything touching the peculiar fitness of the English atmosphere for respiration during the ten centuries that slaves had lived in England. * * * * * After that decision had been rendered, Lord Stowell, who was at that time in correspondence with Judge Story, sent him a copy of it, and wrote to him upon the subject of his judgment. No man will doubt the anti-slavery feelings and proclivities of Judge Story. He was asked to take the decision into consideration and give his opinion about it. Here is his answer: "I have read, with great attention, your judgment in the slave case. Upon the fullest consideration which I have been able to give the subject, I entirely concur in your views. If I had been called upon to pronounce a judgment in a like case, I should have certainly arrived at the same result." That was the opinion of Judge Story in 1827; but, sir, whilst contending, as I here contend, as a proposition, based in history, maintained by legislation, supported by judicial authority of the greatest weight, that slavery, as an institution, was protected by the common law of these colonies at the date of the Declaration of Independence, I go further, though not necessary to my argument, and declare that it was the common law of North and South America alike. * * * * * Thus, Mr. President, I say that even if we admit for the moment that the common law of the nations which colonized this continent, the institution of sla
PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  



Top keywords:

common

 

judgment

 

Stowell

 
England
 
argument
 

decision

 
colonies
 

slavery

 

breathed

 

English


atmosphere
 

authority

 

brought

 

institution

 

opinion

 
peculiar
 

subject

 

consideration

 

pronounce

 
proclivities

result

 
feelings
 

arrived

 

called

 

answer

 

fullest

 

concur

 
attention
 

judicial

 

President


America

 

declare

 

colonized

 

continent

 

nations

 

moment

 

proposition

 

history

 

maintained

 

contend


whilst

 

contending

 

legislation

 

supported

 

Declaration

 

Independence

 
protected
 

greatest

 

weight

 

respiration