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