FREE BOOKS

Author's List




PREV.   NEXT  
|<   607   608   609   610   611   612   613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631  
632   633   634   635   636   637   638   639   640   641   642   643   644   645   646   647   648   649   650   651   652   653   654   655   656   >>   >|  
he United States. I think I can lay it down as a correct principle, that the common law of England, as it was at the time of the Declaration of Independence, still continues to be the national law of this country, so far as it is applicable to our present state, and subject to the modifications it has received here in the course of nearly half a century." Chief Justice Taylor of North Carolina, in his decision in the case of the State _vs._ Reed, in 1823, Hawkes' N.C. Reps. 454, says, "a law of _paramount, obligation to the statute_, was violated by the offence--COMMON LAW, founded upon the law of nature, and confirmed by revelation." The legislation of the United States abounds in recognitions of the principles of the common law, asserting their paramount binding power. Sparing details, of which our national state papers are full, we illustrate by a single instance. It was made a condition of the admission of Louisiana into the Union, that the right of trial by jury should be secured to all her citizens,--the United States government thus employing its power to enlarge the jurisdiction of the common law in this its great representative. Having shown that the abolition of slavery is within the competency of the law-making power, when unrestricted by constitutional provisions, and that the legislation of Congress over the District is thus unrestricted, its power to abolish slavery there is established. We argue it further, from the fact that, 10. SLAVERY NOW EXISTS IN THE DISTRICT BY AN ACT OF CONGRESS. In the act of 16th July, 1790, Congress accepted portions of territory offered by the states of Maryland and Virginia, and enacted that the laws, as they then were, should continue in force, "until Congress shall otherwise by law provide." Under these laws, adopted by Congress, and in effect re-enacted and made laws of the District, the slaves there are now held. Is Congress so impotent in its own "exclusive jurisdiction" that it cannot "otherwise by law provide?" If it can say, what _shall_ be considered property, it can say what shall _not_ be considered property. Suppose a legislature should enact that marriage contracts should be mere bills of sale, making a husband the proprietor of his wife, as his _bona fide_ property; and suppose husbands should herd their wives in droves for the market as beasts of burden, or for the brothel as victims of lust, and then prate about their inviolable legal property, and deny t
PREV.   NEXT  
|<   607   608   609   610   611   612   613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631  
632   633   634   635   636   637   638   639   640   641   642   643   644   645   646   647   648   649   650   651   652   653   654   655   656   >>   >|  



Top keywords:
Congress
 
property
 

United

 

States

 

common

 

considered

 

enacted

 
paramount
 

making

 

legislation


unrestricted

 
District
 

slavery

 

national

 

jurisdiction

 
provide
 

Virginia

 
accepted
 
offered
 

states


Maryland

 

territory

 

portions

 

SLAVERY

 
abolish
 

established

 

EXISTS

 

CONGRESS

 

DISTRICT

 

impotent


husbands

 
droves
 

market

 

suppose

 

husband

 

proprietor

 

beasts

 

burden

 

inviolable

 
brothel

victims

 

slaves

 

effect

 

adopted

 

marriage

 

contracts

 

legislature

 
Suppose
 

exclusive

 

continue