Page 1 of 30 Jan 1838 Issue of The Philanthropist in Cincinnati, Ohio

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The Philanthropist (Newspaper) - January 30, 1838, Cincinnati, OhioJet the�oxecut1ve committee of tuft Ohio Hite anti a Livest shh sett. Rr4�?t=Rair set a a to ten -&Quot.r, iry a a a i a a verily a nuts a Inion air of met w�uihni�9pk5t, we Moa it Wei i up Octy it �rigfcitt%l>rgp�ngl8� a by ali0iim it Iro Emna to wild Miff he atm %mi9k�m let Raamon. Fri he. A a it iii to bar doa yobs taxi of fib Fly a Itma Xot Tho holy Aiu Aimo its Doet Liim forgetting Quot la to Champion of Graedon with Gnot. Hioe tir of our Gloryl Bow in Holly Law glean iii we once Over a pm Homo a Iowa and to by i Hiis pills of fir to oor feb no wit a a eating a of wafd they Fidlow it sweltering lib to Birk be a jell one Rota in the Ottem Bream Ecol Ling they come from the Tyleta above Welch a no in fear a a it saw in Tuen is amp Lien while yet he wee tel uni her bad tale of of Edom Gay Nat too give ear a we Immi the Fiir sister Anil Welcome thee gladly i a come fill of oar ranks and Nasiat a a to Joeil huge Kiaie rebel Zirita who a ii Gale Sei madly a to throw off a yid a which befits than so Well. To Tell the i Natica in pm them Yoa a a been dreaming reason equal Ltd Fieldon and i he Bat Lia ail a Denis Jan and Titto Hee Ealmini a might. B of 0od have we Saab in oor lib by and mad near. One Birthil Glic away and become but a Jael the be of iii nation of Utec. Shame and. Deep Eadoms Quot be Felt that be refi the Pareal. The Verocel who i keep in the Field of your glory. If Hato Odeon Dis Onward her tide to the Nyui i iii ugh will it Braak your death from Berk the Alory children havea Ank into bondage again b Kaut ask a Tennant the Width Are Asili Leaf dog lip a Ifft of Minoa a a and awake a i fail the grave where her Mertty a peace Walfy lie Light of a Glov Tonia morning Ahall Heioak. A few hath fallen in big Amor while nobly defending a Treanore More Pac Elsaa than Minea of Pera item die spot where he Mon Jers a cry a , which Tori a every beam yet feel haul and Traa. Is a to. A Weice hath Gona Forth Fika the deep Wall a Uhli at Haifa for a prom aft pm backed and free a Taitl be heard where the Roe a of Oeor Are Mia Hong echoed in Thunder from Mountain to Aea. Oore Anncil i Imp free Inesita Riofta forever Tea Range danger and pain by Raspet en"5inhe.gjbd naion Achiu never Quot be Ding out the �T�ebrsp8li8i,zhner�?T again. A Tasa. R com to in Bank Jamks o. But the Sci Tab Potrac Raul tto woman ask a Brief recapitulation of the wifi he Leftt ded m m improper introduction of the Qorea tiros presented Jim in amp in Roiti Vic had. A tet a mind named we proceeding sometime wifi year 1b30 lag limit Encin Lucy lipid to a new Home in mls i Vrh Quot a talking with my the woman Matilda and elem Long her a his slate. In the course of his journey the boat on which he was descending the to stopped at Cincinati and while ivring at the Public vivid tag Mytil Dalfe Lawrence without his Omi sent shortly a or she was re edited into the defendants House As a servant and it being understood that some person claimed her As a slate end that attempts would be made to obtain posse Mth of her person with a Tiew of reducing her again to Slatery be defendant advised her to re Jpn in Wibu doors and on one occasion when it scents some unusual alarm for her safety existed caused Sibr tit Repi eee to a House in the tic Unity of town where she remained employed As a ser Tiit for geteral Mont at the end of which time a fido returned to the service of defendant in All this die land ant acted under the belief that the i if she had Ever been a slave was Elfran a and certainly no Argurn Cottis needed to prove that the relation of owner and property As Between Man and Man cannot exist under the cons ution of Omo. Titis instrument declares that All men Are bom Seq my Siree and Independent and have certain natural inherent and unalienable rights among Umoh Are enjoying and defending life and Liberty a hiring possessing and protecting property and pursuing and obtaining Happi Fea and declares As a Dit con nce of these Sandap Belal to Ptg to there be Neit Iier Severy nor ind notary Servi tide Bike Otier Winise then for the punishment and that to alteration of tin cons Titu take place so As inti Duee slavery or this mate. From thes Tomt the one principle which the were especially anxious to make promo Bently conspicuous and to surround with safeguards die most impregnable was the eol ree dams and the. Gnu thing a which they sought to Brand with deepest reprobation and to exclude forever from the institutions of the state was the Timpy of hmm to Feim. It cannot be doubted were Ohio a dts pm and inde pendent Kaddih Hounch relation As owner and property could exit As Between Man and Man nor could any Law recognising and protecting such a relation be of the least avidity. But Ohio is not a separate and Independent nation. We regard the Federal Constitution and the ordinance of 1787, As of higher authority than our state . If these recognise this relation and. Sanction it state legislation May constitutionally recognise and protect in we must examine and Endeavor to ascertain the import of the provisions in the ordinance and in the Constitution of the United states. The provision in the ordinance is in these word a it any person escaping into the same . The Northwest territory a from whom labor or service is Lammly claimed in any one of the original states May be lawfully reclaimed and to the person Daiming his or her labor mor service As Afore Sidd. The Grov Islon in the Federal Constitution was obviously taken from that in the ordinance and is As follows a no person held to service or labor in one state under the Laws thereof escaping into another shall in consequence of any Law or regulation therein be discharged from such service of labor but shall be deliver up on claim of the party to whom such labor or service May be in order to arrive at the a import of these pro visions it is proper to refer to the history of the country at the time when they were incorporated first into the Fulda Jeolal a Impact of the territory and people Northwest of the Ohio with the states and people of the Union and soon after into that of a the states with each other. It was then acknowledged that in some Fobke states institutions existed so incompatible with slavery that the slave who might escape into them would become a free Man the moment he should enter their territory while in other states slavery was recognised and protected by fundamental Law and legislative enactments. This state of things is implied in the constitutional provision just Cuiss. Lomi Cotinas must have existed in some states by the operation of which the servant escaping into them was discharged from his involuntary service for otherwise this claim would have been mrs Madison in the course of the debates in tie convention of Virginia speaking of the condition of things then existing says a at present if any slave slopes to any of those states where slaves Are free he becomes by their the beholding states were apprehensive of the losses the car night Sartain in Iso sequence. Of die state of things and ill dreaded its consequences to the in. To obviate the apprehended evil the Bart Stet has just been cited was introduced into the Constitution As a clause of compact be similar to the clause which had tot before inserted in the ordinance and sex is Milired to be a clause of compact Between had states and the people and states 4>f the no tier Risbry. It was cautiously framed so Ajo avoid All to cognition of the condition of Sla tons and to the express provisions of our Constitution must be of the second it tin presented by the record and the Only be Mamma question to we curl wish to Call the attention to the course is this was the we Man Matilda at the ume she by tie defend St As amp servant the slave of Larkin Lawrencej admit ii for arguments Sake the pro secur of Qto be constitutions was the offence charged in the indictment actually committed now it is of foam Effial slavery wherever in exists is a Erea Tare of positive institution. It has no support in natural right on the contrary it a in direct derogation i of natural right. Before slavery Ean be named met mum be eversome by Force custom or legislation. Language of the Mihest court in Louisiana 1 the relation of owner and slave is in the states of this Union in which it has a Legal existence a creature of the municipal in the stir More emphatic language of be a prime mississipp2l a slavery is condemned by reason and die Laws of Naturi. It exists and can Only exist Farrough municipal regulations and in matters of doubt is it not an unquestioned Rule that courts must lean in favo Tern Max to Libertati a it is also certain that the municipal regulations of no state i re any extra territorial Force a nere is no out a says Chancellor Kent a of the truth of the neral proposition that the Laws of a country be no binding Force beyond its own Terri triad limits and their authority is admitted in other states not to pm Ria Vigore but sex Comita tet or in the language of Hub eras till Mefs Fine Prev to dido ind Gentian Fieri pro Teeth a a it is also certain that no nation is under any obligation to give effect to the Laws of another nation which Are prejudicial to itself or its citizens that in All cases each nation must judge for itself what foreign Laws Art so prejudicial or not and it is Only in eases not so prejudicial that a spirit of comity and a sense of Mutual Utility ought to induce every a lion to allow full Force and effect to the Laws of every other 3 it is also undeniably True that in 11 enlightened nations Wimch do Fiot tolerate slavery the Laws of other states in which it is tolerated Are held to be so prejudicial to the non states and their citizens and so repugnant to the spirit of their instil irions that slaves held under such Laws cease to be slaves the moment they come within their territories. A it has been decided that the Law of England abhors and Wie not endure the existence of slavery within the nation and consequently As soon As a slave lands in England he becomes Piso fact a free Man and discharged from that state of 4 so that that the fervid exclamation of cow per is in truth an undisputed axiom of English Law a a Mita operation of the Constitution of Ohio Maent she was placed by her masters act within the territory of the stale. For these acts do Jdant was persecuted under the act of 18�o4, Black and mulatto persons found guilty. The of oct of the present writ of error Date Konsti tutis Nalty of the enactment in the prosecution was instituted and the of a convict too for harbouring and secreting Naa property who has been brought with Tii is of Ohio by the individual chiming to Coitt in fhe indictment of which the de found guilty charged that he a Gunlaw Adby harboured and secret a certain mulatto girl am a sir eff a Mylda then being a a Lave emd of it me Larkin the act the prosecute iii was instituted makes a penal offence to Harbor or secrete any Black or Patea if property of any Pehon Ito that in is Impola Iuey. In Ohio offence of Harbor Irig or secreting a 0 not liar person. I person has or can is i us this state and 1 maintain Sas the inevitable results of a m of the of institution of Ohio with every provision of the st��i9 end of the or i in a a Tymish these promo it hmm fio Ilow that m As inflict m penalty for a Between Peni wit i up ipod or the relation of o we ramp Between Man and Man. It left the several states free to create or continue or to abolish such relations Between individuals within their several territories As they pleased just As they Hal been under the articles of con federation. It required each state to deliver up servants escaping into its territory from other states to their lawful masters to deliver them up As servants not As slaves far Leas As property. It bound each to recognise and protect in a particular class of cases the relation of master and servant As established by the Laws of sister states but no other additional relation. It left the whole responsibility of a other relations upon the states which might establish or continue them. I am very confident that this construction exhibits the True import of this constitutional provision and the More confident because the very terms of the provision seem to exclude every other interpretation. For who is to be delivered up any person held to service and escaping. Are slaves and human chattels alone held to service surely nol to say nothing of servants for hire there is the Gretal class of apprentices who Are a held to services in the strictest sense of the terms and yet Are neither slaves nor properly. It cannot be denied that the provision embraces the Case of an escaping apprentice and if so All argument whether or not it recognizes property As a Rek Tion of one human being to Mother must be at an end. It recognizes no such relation. On the contrary the exact reverse of such recognition is strongly implied. Another argument that no such recognition was intended is to be found in the statute books of that period. A i refer the court especially to the statutes of Virginia. It will be found that those statutes describe three classes of persons held to service apprentices servants and slaves and dial the right of recapture is provided for in regard to each class. It could not be said then that a statute of Virginia providing for the recapture of persons held to service would contain any recognition of the relation of property As Between persons. It would Only recognise a general Rek Tion Wimch might exist indeed in connection with that other elation but might also exist Independent of in if Lam Knirr it t m this a of the co Istir tuition and the ordinance to Toni of at Tipiere is nothing in Eif Iier which requires or authorises the Gir nature of any state to pass Laws for the protect Tion of the right of property in human beings. Every purpose intended to be answered by the prov Stoos in either instrument May be effectually accomplished without any such degradation of the Nan so beholding states. And if so the provision of the act under Arzich this Mic tent was found abhor Resit a it to did a orbit of our ins Titu Quot Nam err Fei fit. Ai. A slaves cannot breathe in England if their Lungi receive our air tha they Ara irae a they touch our county and Thek a Akkas fall. That a Noble a a us 5iii decisions. Where is the authority for adding of tote Fiji live servants excepted by the Federal Constitution from Tjie otherwise inevitable open Tion of free another class name that of slaves trav Rimpi with their masters the Uksti Tutila of the u. States declares that the provisions of the state Constitution shall not affect the Roii oltion of servants escaping from the other states into Ohio and the state Constitution yields to the Paramount authority of the ederal Constitution and then some judge decides foal the state Constitution shall not affect the condition of slaves travelling through Ohio with their masters a shall the St Constitution yield to to decision Plain common sense formed by every principle of sound cd Striction answers no a and must prevail. It of meows then that at the time the woman Matilda was received into the service of the defendant Ehe was not a slave or the property of any person and of course that the offence charged has not Herb k mimic committed a Nii Avo aftem a a ceding arguments to Vin Defate the Constitution of my country from the reproach in my judgment most undeserved of Reorg rising the re Aton of property As Between Man Anroman. I have endeavoured to define the True office and purpose of the provision in Itiat say cred instrument which provides for the recapture of fugitive servants. I Hape sought to vindicate the legitimate authority of me Constitution of my state. I feel these Are matters of infinitely greater importance than any Mere questions of property and if i have not been altogether unsuccessful in my efforts shall not regret the occasion which a novel and singular prosecution has afforded for the discuss Fin of these questions. S. P. Chase for the defendant. I 86. Luiis Bird i. Coquillot 14 Martins Etc. 401. Harvey it Al is. Becker Fie Hopkins walkers rap. Btry on conflict of Lawe 76. A in m. Maria Loose a. Mariot 8 Martins rep. 875. Lilart Tny site. 401 t Mars. Rep. 467 of Mae a a rep. 143. 7 Story pm conflict of Lawa 02. So also in France. A a that such is the benign and ueberal effect of the Laws and customs of that country a is declared by the my Estcourt of Loui a a stoned that the comity of nationstra8,i5rnklnsiasbfitftd�oed any enlightened state to tolerate the slavery created by the Laws of another state within its territory. On the contrary it has been uniformly held by the tribunals of save homing states that slaves permitted by their masters to Reaide within the limits of non slave holding states become free through the operation of their Kos 6 a it being True then that each nation and state must determine for itself to what ext Eitl it will admit upon the principle of comity the Laws of other nations and states to operate within its limits it remains to enquire so far As the present question i�%oneet8<ili Trow far the state of Ohio admits upon that principle the operation of Laws that Sanction slavery. And the scope of this inquiry is very Emited. We have but to turn to the ordinance and we find the fundamental and in Altermae compact Between the original states and the people and states of the North Western territory that there shall be neither slavery nor involuntary servitude within that in territory forever. Turning to the Constitution of the state we find the same express interdict reiterated in the same terms by the voice of the Peop. The ordinance then and the state Constitution expressly prohibit the application of the principles of comity to raises of this description. There is an excepted class of cases in is True excepted in the ordinance and excepted in the Constitution of the United the evening poet. Mower of a Mig Rees Over Tike Dietrict of to Lamb. No ii. Slavery As a Legal system is the creature of legislation. To create it was to assert that both the fact and the question of its existence Are within the sphere of legislation. Of course legislation would not travel out of its sphere in Abol Ishii what is within it and was recognized to be with it by its own act cannot Legislatures repeal their own Laws i if Law can take a a Man he rights it can give them Back again Elf it can say a your body belong to your neighly a it can say ibo songs to you Rae and i maintain your right. If it can annul a Many a right to himself held by express Grant from his maker and can create for another an artificial title to him can it not annul in 1795. Similar to this exist in so beholding governments Generady. 3. The Kwh of Louisiana makes slaves real estate prohibiting the Holder if he be also a firn of Holder to sep rate them from the soil. If it has Power to prohibit the Sale Lofthous the soil it can prohibit the Sale Louth it and if it can prohibit the Sale As property it can prohibit the holding As property. Siraz a Laws exist in the French Spanish and portuguese colonies. 4. The Law of Louisiana requires the master to give his slaves a certain amount of food and clothing Martins digest 610 if it can oblige the master to give the slave one thing it can oblige him to five Hin another if food and clothing then wages Ebert is own body. Such Laws exist in most so beholding gov emm Ente. 5. By the slave Laws of Connecticut under which slaves Are now held for even is Stie a save state slaves might receive and hold property and prosecute suits in their own name As skin till St a a also 1k� Kwh of yug Mia Uckert so dissertation the artificial tide and leave the original owner to his original title 3/lhe a hot Tion 1 within tile acknowledged sphere of Fegl skotion. Lire of How cd Mayji Beon test sphere of almost every civilized nation has abolished ski a by states which Paramount to the state Constitution. But upon every save brought within the limits of Ohio and not embraced within the strict Terras of the exception this great interdict operates with unbroken Force. A Independent of me provisions of the Constitution of the United states a says judge Story a for the Protection of the rights of the masters in regard to Domestic fugitive slaves there is n f doubt that the English principle pervades the common Kwh of the non slave holding states in America that is foreign slaves would no longer be deemed such after their removal 7 the courts of this state than Are tied up from deciding any person Tobe a slave unless that person Falls strictly within the exception of the Federal Constitution. They have nothing to do Writh the principles of comity. What then is that exit Eption what per Oiw compose that unfortunate class whose Fetters cannot be broken by the spirit of our state institutions the cause creating the exception has been already excited. It provides that no persons held to service in one state under the Laws thereof escaping into another shall by any Law or Rezuk tint herein be discharged from such service. Persona held to service in one state and escaping into a notifier then compose the class which Are not to be enfranchised by the operation of the ordinance and our state Constitution. Was the woman Matilda a person of Thip class was she held to service in one state and did she escape into another at the time she left the individual who claimed to be her master she was within the territorial limits of Ohio by the consent of that individual. If she had Ever been a save she had ceased to be such that moment when she was brought by in Awrence within these hits and she had Power to go Whithersoever she act in leaving Lawrence under these circumstances was in no just sense of the term an escape. It was the first exercise of that Freedom which the Constitution of Ohio Sid confers upon her. 1 am aware that some decisions can be found which maintain that saves travel ehg with their masters through free states win not become free but these decisions so far As i have become acquainted with them were made by the courts of slave holding states under no solemn obligation to maintain the Constitution of the non so beholding a tates to which they denied in Fozee Casee its Legi raw i Fidd i took in Vera few my we met for by Kwh. The history of legislation since the revival of letters is a record crowded with testimony to the Universal by admitted competency of the Law making Power to abolish slavery. It is so manifestly an attribute not merely of absolute sovereignty but even of Ordinary legislation that the competency of a legislature to a Xerox be it nigh he recoils amp of Fos me the th#bphhpp3o the great Council of England Wols passed in 1103. The men orate Irish decree a a that Allihn Binge so saves in the whole of i end be immediately emancipated and restored pc their former Liberty was issued in 1171,�? slavery in England was abolished by a general charter of emancipation in 1331. Passing Over Many instances of the abolition of slavery by Kwh both during the Middle Ages and since the reformation we find them multiplying As we approach our own Cice. In 1776 slavery was famished in Prussia by special edict. In St. Domingo Cayenne Guadaloupe and Martinique in 1794, where More than 600, 000 saves were emancipated by the French government a by the Congress of Chili in 1821�?in Java 1811�?in the South Ieiri provinces of Burmah 1826�?in Ceylon 1815�?in Buenos Ayres 1816�?in St. Helen 1819�?in Columbia 1821�?mcapecolony, 1823-in Peru Gupta Makanda Montevideo 1828�?in Bolivia 1826 a in Malacca 1825�?in Jamaica Barbadoes bermudas the mounties St. Christophers neck the Virgin islands Antigua Montserrat Dominica so Vincents Grenada Bertice Tobago St Lucia Trinidad Honduras deme Rara and the Cape of Good Hope on the 1st of August 1834. But waving de Taos suffice it to say that England France Spain Portugal Sweden Denmark Austria Prussia and Germany have a and often Given their testimony to the competency of the Kwh making Power to abolish slavery. In our own country the legislature of Pennsylvania framed an act of Ahoe Tion in 1780, Connecticut in 1784, Rhode Island 1784, new York 1899, new Jersey in 1804, Vermont by Constitution in 1777, Massachusetts in 1780, and new Hampshire in 1784. A when the competency of the Law making Power to abolish slavery has thus been recognized every where and for Ages when it has been embodied in the highest precedents and celebrated in he a thousand jubilees of regenerated Ebert is it Forsooth an Acme mint of modern discovery that such a Power is a nudity a that a these acts of abolition Are void and that the Rai leons Dis enthralled by them Are either themselves or their posterity still legally in bondage ? 4. The legislative Power has abolished slave in in its party. The Law of South Carolina prohibits the working of saves m orc than fifteen hours i the a Wenty four. See Brevard a digest 283. In Osiier words it takes from the so beholder his Power Over nine hours of the slaves time daily and if it can take nine hours it May take Twenty four. If two fifths then five fit a. The Laws of Georgia prohibit the working of saves on the first Day of am week and if they can do it for the first they Csc for tiie six foe owing. Laws embodying the a ii principle have existed for arts in nearly All Goi ferments that have tolerated slavery. %. The la w of North Carol a Prophite the a a immoderate correction of saves. If it a Power to do that it can prohibit moderate corrections a correction which would be virtual emancipation for take from the master the Power to inflict pain and he is master no longer. Cease to ply the slave who am Fin Rahill q of Molnr my in Skverys p. 73. There were Ako Laws making Legal marriage contracts in certain contingencies and punishing infringements of them. A a Reeves Law of Baron and Femme App. 340�?i. Each of the Laws enumerated above does in principle Ahwesh Severy and All of them toothed abolish it in fact True not As a whole and at a stroke Nof a in one pee but in its parts by piecemeal., at divers times and places thus showing that the abortion of Severy is Witman the Boundary of legislation. Wythe. From the evening poet Power of Cou Grees Over tie Blat let of col Ualita. A a Pai no Iff 5. The competency of the liw making Power to abolish Severy has been recognized by Edi the slave holding Stayest either directly or by implication. Some recognize it in their constitutional by express prohibitory restrictions. The constitutions of Mississippi Arkansas and other states restrict the Power of the Legi suture in ims respect. Why this express probition if the Kim ing Power cannot abolish Severy a stately Force indeed Fonnay to construct a special clause and with appropriate Ritea induct it into the cons titty Tion for the express purpose of restricting a nonentity a to take from the Kwh making Power what it never had Why have not the Legislatures of these states Power to Boesh Severy ? the constitutions have expressly taken away that Power. The people of Arkansas Mississippi amp a. Wee knew the competency of the Law Malang Power to Boesh Severy and hence their Zeal to resort of it. The fact that these and other states have inhibited their Legislatures from the exercise of this Power shows Foat the abortion of Severy is acknowledged to be a proper subject of legislation where constitutions impose no restrictions. 6. Some of the slave holding states recognize this Power in their Laws requiring a a Specif act of Assembly to set a slave free and the rendering of a some dating wished service to the state As a pre requisite. North Carolina and Corgia in their h8i8 of yes scout trans Fening to the United a psf eng to Tae United Emo Edve 71 to 69 states the territory now constr Totag the states of Ivy that vote deck Tennessee a Hama and Mississippi made it a condition of the Grant that the provisions of the ordinance of �?T87, should he secured to the inhabitants with the exception of the sixth article which prohibits slavery thus conceding both the competency of Kwh to and the Power of to do a. Via iii its j jurisdiction. Besides thee Nnttie 0mm and Molent beef at that Tim Liam to Mem it to la 11 Llu. A Mai up adopted Al it i Posiey aiming at the sex can sign of slavery from the entire territory of the United states not included within the Origina states and that this policy would be pursued unless prevented by specific and formal stip ution. 7. Save states have asserted this Power by their judicial decisions. In numerous cases their highest courts have decided that if the Legal owner of slaves takes them into those states where the Laws or the Constitution has abolished slave such removal emancipated them such Laws or constitutions awol Ishing their slavery. This principle is asserted in the decision of the supreme court of Louisiana in the Case of Lunsford is. Loque Lon 14 Martins Louisiana reports 401. Also by the supreme court Cit Virginia in the Case of Hunter is. Fulcher 1 Leims rep. 172. The same doctrine was kid Down by judge Washington of the United states supreme court in the Case of Butler is. Hopper Washington a circuit court reports p. 208. This principle was decided also by the courts of Appeal in Ken Tucky Case of Rankin is. Lydia 2 Marshall a rep. 407 see also Wilson is. Isbell 5 Calk rep. 425, Spotte is. Gillespie 6 Randolph a rep. 586. The states is. La seller 1 Blackford rep. 60, Marie Louise is. Mariot 8 Louisiana rep. 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 a residence for one Mora Entz under the Laws of France emancipated her 8. Eminent statesmen themselves slaveholders have admitted this Power. Washington in a letter to Robert Morris dated april 12, 1786, says a there is not a Man Eving who wishes More sincerely than i do to see a plan adopted for the Abo Eton of Severy but there is Only on Fly proper and effectual Mode by which it can be accomplished and that is by be Gialy Tive in a letter to Lafayette dated May 10, 1786, he says a it the abolition of Severy certainly might and assuredly ought to be effected and that too by legislative in a letter to John Fenton Mercer dated sept. 9, 1786, he says a it is among my first wishes to see some plan adopted by Wimch slavery in this country May be Aho shed by in a letter to sir John Sinclair he says a there Are in Fenn Sylvania Laws for the gradual abolition of Severy which neither Maryland nor Virginia has at present but Wimch nothing is More certain than that they must have and at a period not Jeffere ii. In speaking of in the Virginia legislature in 1777 for the passage of a Law emancipating the saves says a the principles of the amendment were agreed on that is to say the Freedom of a born after a certain Day hut it was was found that the Public mind would not Bear the proposition yet the Day is not far Distant when it must Bear and adopt it.�?�jefferson�?Ts memoirs t. 1, p. 35. It is Well known that Jefferson Pendleton Mason Wythe and Lee were appointed a by the i Ink House of delegates and prepared a Ofisa for the gradual emancipation of the slaves by Law. These men were the great lights of Virginia Mason was the of the Virginia Constitution Pewee on the president of for we say memorable Virg tyls a a Nadia in sea president of the Virginia Gort of was the Buckstone of the Quarter of a Century a Hanecek of ate professor of Law in the Jpn Weij of Mary and in preceptor of Jamni chief Justice Marshall. He i celebrated remonstrance to. Tike Engst commons on the subject of the stamp Art. Jefferson a his name is Hie hog Trapl every member if foe Steps of Maryland Virginia Carol a and George voted for that finance of 1787, Wii Fri Abo shed the existing in the Northwest territory by in his we known letter to Robert Virginia january 18,1773, says a i believe Al win come when an oppor Timity Wie be efe i a Boesh Tufik lamentable wee am Pikan of Maryland advocate the Ahoe Tion of slavery by Kwh in the Legi suture of that tafe Fai 1789. .3 tiler Martin urged the same measure both it Kef Federal convention and a his to Tif attire of Marylad. In or professor of Kwh in the oel Veril of and Mary and Jud of the general cent shed an elaborate dissertation ii on slavery id died to the general Assembly of the state Nad kif Lii upon Sheid the abolition of slavery by my. John Jay whee new York was yet a slave state and himself in Law a so beholder said in s letter from Spain in 1786, a an excellent Kwh Miguil be made out of the Pennsylvania one for the Nal a Oelion of Svety were i m your Legisla Ture i would present a Bill for the purpose do web up with great care and 1 would never cease mov ing it tie it became a Kwh or i ceased to be a ram Ber a Daniel b. Tompkins in a message to the Quot Leriz lature of new York january 8, 1812, said devise the Means for the gradual and intimate termination from amongst us of slavery is a work worthy the representatives of a polished ski on Eghte Ned the Virgin Legi suture arrested this Power in 1032. At the close of a months debate the Fol her ing proceedings wite bad. I extract from an a a trial article of the Richmond whig of Jaa Oary 26,1832. D a a the report of the select committee to legislation on the subject of abolition these words Hea olved Aff the opinion of Titis committee Fiat it is inexpedient for Rhc present to any Legi Skive enactments for the or slav this report or. Preston Veree and thus to declare that it a now to make Legi Skive Tion of Severy. A Phis was Menai Glim a a Shafei in its strongest form. It Ltd demanded a a Stift mediate action. In this proposition the 68 to 73. Many of the most decided abortion voted against tiie amendment they thought pubic opinion not sufficiently pared for it and Tii it unit prejudice the to move too rapidly. The vote on i. I motion to postpone the whole subject i indicates the Trae state of opinion in the Haeo. That was the test question and was so into Lafot and proclaimed by its mover a that motion a majority of 11,4� j time and in the proper Mode Virgin might to commence a system of gradual 9. The Congress of the United states asserted the competency of the regulation and Power to amp a Boesh Severy. The ordinance of �?T87, deck my that there should be a neither Jik very wow who for tary inn a in Airt Western Tetory a jkfe�w�<ri6e8iavety then existing there the supreme court of Mississippi in its decision in Tho Case of Harvy is. Decker Walker Mississippi reps. 36, declares that the ordinance emancipated the slaves then held there. The supreme court of Louisiana made the same decision in the Case i it of Forsyth is. Nash 4 flirt Tny a Louisiana re 385. The same doctrine was Laid Down by just _ Porter Kate United states senator from Louis a in his decision at the March term of the Louisiana supreme court 1830, in the Case of merry is. Schexnaider 20 Martins reps. 639. That the ordinance abolished the slavery then existing is also established by the fact that persons holding saves in the Tern tory petitioned for the repeal of the article abolishing Severy assigning As a reason a Rifee petition of the citizens of Randolph and St. Clair counties in the Ili Lilois country stating that they were in Possession of slaves and praying the repeal of that act the 6th article of the ordinance of 87 and dam of a Law legalizing Severy there a / pubic lands v. 1, p. 69. Mind that Congress passed to the United states Constitution Pas adopted it derived All its authority from the articles of confederation which gave far less Power of Okgi skotion than is Given to Congress Over the District and territories by the United states now we ask How does the Constitution Ottri Sigf the Powers which Congress possessed under the articles of confederation Wythe. A sacral Asse Amy report a or the select commit Tex dbl tee the Mitea Wisn of text to the car tree. Bce at Jas. 12, 1838. Or. Wade from the select committee on the subject made the foe owing retort a the committee to which were referred sundry re Ris trances against the annexation of Texas to Union have had the same under co Isider Alion and now report that the question of the annexation of Texas to the Union May be considered in a twofold eight to to the expediency and the constitutionality of the measure. Its expediency depends on first whether it he consistent with the Hoir of our own government and Justice to Tho Grovom Mant of Mexico. Secondly whether it he Eon Sis tent with Justice to the non so beholding Sta Tott or third to with the safety and Happ inem of Aii whole nation. Whether consistent or not with the Nat cml Honor Wie be Best known by astr Tammy Aio Jet of the texan Volt and the part taken in by the people mud government of the uni Lii states. If the object of the revolution we to wrest Texas from Mexico in order to of Tara that Pace too the system of Domestic for purpose the revolt were Pkt Tod iii. Big cute by citizens and connived ally ment of ale United states then its i unum would be viewed in Mai ten Hias n wicked and Indef Ersilis . A techs and a Hinely Timie Ato cited 09 . Tode Elb it sae a i a

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