The Anti-Slavery Examiner, Omnibus eBook

American Anti-Slavery Society
This eBook from the Gutenberg Project consists of approximately 3,526 pages of information about The Anti-Slavery Examiner, Omnibus.

The Anti-Slavery Examiner, Omnibus eBook

American Anti-Slavery Society
This eBook from the Gutenberg Project consists of approximately 3,526 pages of information about The Anti-Slavery Examiner, Omnibus.
was free.  The Maryland Court of Appeals, Dec., 1813 [case of Stewart vs.  Oakes,] decided that a slave owned in Maryland, and sent by his master into Virginia to work at different periods, making one year in the whole, became free, being emancipated by the above law.  North Carolina and Georgia in their acts of cession, transferring to the United States the territory now constituting the States of Tennessee, Alabama and Mississippi, made it a condition of the grant, that the provisions of the ordinance of ’87 should be secured to the inhabitants, with the exception of the sixth article which prohibits slavery; thus conceding, both the competency of law to abolish slavery, and the power of Congress to do it, within its jurisdiction. (These acts show the prevalent belief at that time, in the slaveholding States, that the general government had adopted a line of policy aiming at the exclusion of slavery from the entire territory of the United States, not included within the original States, and that this policy would be pursued unless prevented by specific and formal stipulation.)

Slaveholding States have asserted this power in their judicial decisions.  In numerous cases their highest courts have decided that if the legal owner of slaves takes them into those States where slavery has been abolished either by law or by the constitution, such removal emancipates them, such law or constitution abolishing their slavery.  This principle is asserted in the decision of the Supreme Court of Louisiana, Lunsford vs.  Coquillon, 14 Martin’s La.  Reps. 401.  Also by the Supreme Court of Virginia, Hunter vs.  Fulcher, 1 Leigh’s Reps. 172.  The same doctrine was laid down by Judge Washington, of the U. S. Sup.  Court, Butler vs.  Hopper, Washington’s C. C. Reps. 508; also, by the Court of Appeals in Kentucky, Rankin vs.  Lydia, 2 Marshall’s Reps. 407; see also, Wilson vs.  Isbell, 5 Call’s Reps. 425, Spotts vs.  Gillespie, 6 Randolph’s Reps. 566.  The State vs.  Lasselle, 1 Blackford’s Reps. 60, Marie Louise vs.  Mariot, 8 La.  Reps. 475.  In this case, which was tried in 1836, the slave had been taken by her master to France and brought back; Judge Matthews, of the Supreme Court of Louisiana, decided that “residence for one moment” under the laws of France emancipated her.

6.  EMINENT STATESMEN, THEMSELVES SLAVEHOLDERS, HAVE CONCEDED THIS POWER.  Washington, in a letter to Robert Morris, April 12, 1786, says:  “There is not a man living, who wishes more sincerely than I do, to see a plan adopted for the abolition of slavery; but there is only one proper and effectual mode by which it can be accomplished, and that is by legislative authority.”  In a letter to Lafayette, May 10, 1786, he says:  “It (the abolition of slavery) certainly might, and assuredly ought to be effected, and that too by legislative authority.”  In a letter to John Fenton Mercer, Sept. 9, 1786, he says:  “It is among my first wishes to

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The Anti-Slavery Examiner, Omnibus from Project Gutenberg. Public domain.