Newspaper Page Text
r i it rut 1'iiiffvfc
KIAKICJS It. ItOniXSOV, Editor.
no vxion with sla veholdeii?.''
AS1 PEARSON, I'uMUIiing 4fchfv
VOL. 10. XO. 2(5.
SALEM, COLUMBIANA COUNTY, OHIO, SATURDAY, FKMUTAUY 10, 1S35.
RALPH WALDO EMERSON
and Democracy—His Plan
The Tromont Templo lust night wa crowded nt
,nn early hour to hear tho anti-slavery lecture Tho
orator was Ralph Waldo Emerson, who was listened
to throughout with breathless interest, and fre
Gentlemen and Indies : We sit hore, tho third
generation in tho humiliation of our forefathers,
whon they mado an evil contract .villi the slavehold
ers ht the formation of tha government. We have
added to that the new stringencies of tho fugitivo
law of 1850.
The last yoar has added tho ponderous Nebraska
' and Kansas legislation ; and wo have now to con
sider that' however strongly the tides of public
? sentiment havo sot or are setting towards freedom.
tho code of slavery in this country is at Ihis hour
unrepealed, and is nt this hour more nrtlignnnt, in
prcsontand in prospect, than ever before Recent
action has brought it homo to New Kngland, and
mado it impossiblo for us to avoid. This is the
gravo topio for us ; and it is for us not to troat it
as a tiling by itself that quickly tires' and cloys,
but as it stands in our system how it can consist
with tho advantages and superiorities wo fondly
ascribe to ourselves. A high state of moral health
. cannot long co-exist with a moral disease in a y
part. If una member Buffers, the wholo suf-
The crying facts aro these. That in a nation
which professes to base its laws on .liberty, or tho
securing tho greatest good of tho greatest number,
, and in conformity with the doctrines of Christian-'
.. ity in a part of this country tho practice of sla
very is allowod to subsist, and when hoso poor
people its victims, disliking this stripping and
peeling process, run away into states whore this
. practice is not permitted a law has been passed
requiring us who sit hero to seizo tlisso poor peo
ple, toll them they have riot been plundered
enough, but must go back to be stripped and peeled
again, and as long as they live. Well, that was
not tho grief. It was shocking to hear of the suf-
. ferings of theso men ; but tho country was 500 or
1,000 miles oil', and, however leagued with our
selves, was at least independent; and for tho na
tional law that enacted this complicity, and throw
. us into conspiracy with tho thief, it was on old
dead law, mado in tho hour of weakness and fear,
and which wo had guarded ourselves from execut
ing. It is now revived or mado stringent ; but there
was no fear, or so wo persuaded ourselves, that it
would be valid. But the dissatisfaction was hero
Wo found well-horn, well-bred, well-grown men
among ourselves, not outcasts, not foreigners, not
'-beggars, not, convicts; but baptized, vaccinated,
, schooled, .high-placed official men, who abetted
" the evil law, who by all means catch the slave,
anil torco li.m back ; and when wo -went to the
courts, to the interpreters of lind's law, between
,. niim and man, said,' "for God's sake tako tho slave
- and scud him back." (Applause.)
This was n most extraordinary symptom. Sla
very is an evil, as cholera is, that will bo purged
out by tho health of tho system; leing unnatural
and violent, 1 know it will yield at last, nnd go
with cannibalism, sea-kings, dvelism, bulking;
and as we cannot refuse to rido in the same phinot
with tho New Zealandcr, so we must be content to
" go to the Southern planter, and say, "you arc you,
: and I uni I, and God Send you an early conversion.
: (Laughter and applause.)
But to find it hero, in our sunlight hero in the
heart of the Puritan traditions in an intellectual
country in the land of school-), of Sabbaths and
- of sermons, under the shadow of the white hills of
Kitardin ami tho Noosac in the eves of tho most
ingenious, industrious and self-helping men in the
world, staggers our faith in human progress.
' (Applause.) .
Gentlemen: Ladies: I must yet consider it as
an accident of a larger calamity. It rests on
skepticism, which is not local but universal. The
tone of our public sentimont, the tono of our press
on slavery, is only an index of tho moral pukes ;
'' and I cull slavo. y, and the tolerance it finds hore,
: Worst in this, tho stupendous frivolity it finds in
, the heart and head of our society a society with
out faith, a society without aims, a society dying
of inantion. J "
Look at our politics. Tho great parties co-eval
- with the formation of the government, do not in
spiro us with exalted hope. The democracy does
it stand really for tho good of tho many, of the
poor? Tho party of property and education, the
. -.whig party I havo thev ever addressed tliKmulvn.
i to the solemn purpose of relieving this country of
!.: a 1 .. I ft" , a . . . "
.mo uiuiiuuiciiuii calamity oi slavery? (Applause.)
That party has resisted every progressive step.
. Did free trade como from them havo they urged
the great qucstious of reform, tho prophetic actum
of tho time ? No, they would nail the stars to the
sky, and with their eyes over their shoulders, fixed
" on the past, they adore their ancestors, the foun
r ders of the Constitution. Kulumus mutari, wo do
,. not wish to chanj(o the laws of New England
, they wish their age should be absolutely liko the
last. What does this nicun ? There is no confes
sion of destitution liko this fierce conservation.
Can anything proclaim so loudly tho nbseneo ofuli
aim, of principle? What means this desperate
- grasp upon tho past, if not that they have no hope
no law in their own minds, no principle,. no future
of their own? Sumo foundution.we must have, and
if wo can see nothing we cling desperately to those
we believe can see.
Our politics havo run very low, and gentlemen
of character will no longer go into them. It is
' fust becoming, if it has not uloady become, dis-
- croditablo work. Those who have gone to' Con
.. erees from us wre honest, well-meaning men, I
. .heard congratulations from irood
.vUieu they went to Washington, that they were
".'JiQRest and thoroughly veliablo, yes, obstinately
iunwt, yet thoy voted for this criminal measure
wall iCio basest of tho population. (Applause.)
i hate uud saw not the sneer of the bullies that
- d,uPeJ J"th alleged state nceossity because
; they had no hope, no burning splendor of awo
vithiu their own breasts. Well, while a refuge
was left, they And honor enough to feel degraded,
, and migbt taw left the place, instead of beeom
ibS indifferently. (Applause.) They represent
ed the property of thoir constituency. The mon
of corameroe r .m Afraid do not believe muoh in
anything but their trade. They loll in republican
modes tliey eat and drink at the Astor, Tromont
and Girard houses tho roll in easy and fas1 trains
telegraphing their wishes beforo them, and the
. power ot monoyis so obvious as to excludo the
. view of the larger power that control it.
.. . Well, I am sorry to suy our very i reforms show
' the same despair. What shall we think of this
new movement with which U tho world rings?
r We were otenr the old parties could not load us.
They were plainly bankrupt. Thoso political ma
chineries and politicians wore discarded j we will
' hare none of thum. les, but shall wo therefore
abdicate our reason? (Applause.) 1 employed
false guides and they misled me. Shall I thero
ioro put my head in a bag? (Laughter and loud
That we ihouM have a revolution In Massachu
setts no man will wondjr at who 6ees how far our
-polities had .departed from the l'oroe of simple
e r8'" . Xha.ruigniug partis had forfeited tho awe
wand revrenao which would always attach to a wis
. and honest government, and as they iuspirod no
'respect, found none, but were turned out by an
inmense frolic, i Yes, but. to persist in a joke like
this 1 I don't like very well joking with edged
tools, and thcro is no knife s sharp as legislation.
(Laughter.) An Indian Rajah had a poor porter
at his gato who resembled him in person. J to one
day put his royal robes and crown on him, seated
him on his throne, and then put on his own head
tho porter's cap and stood in tho gate, and laughed
to sco his ministers deceived nnd bowing down bo-j
fore tho porter. But the porter said, "'who is
that fellow laughing at mo m tho gate? off with
his head." They doenpitated tho Rajah, and the
porter reigned in his stead. (Laughter and ap
plauses.) What happens after periods of extraordinary
prosperity has happened now. Mon could not see
beyond their eyes. The cause being out of eight,
is out of mind. They seo meat and wiuo, steam
nnd machinery in the career of wealth.
Wherever wo look wo shall see tho sumo skepti
oism, tho same ebb of mind. I should find it in
tho science, I should find it in tho philosophy of
1 ranee I should find it in the philosophy of Eng
land, nnd everywhere a want of faith in laws,
and a worship of success. 1 saw a man in a calico
printing mill who fancied there was no reason why
this pattern should please, and that not they
wero all jumbles of color, of which one had the
luck to take, and that was all. I asked him if he
had the blue jelly, called his eye, by chaneo ? But
everything rests on foundations. Tho calico print
pleases becauso tho arrangement of colors and
forms agrees with the imperative arrangements of
the human eye.
Is tho reputation of ths Parthenon, or Elgin
marbles, of tho Apollo, and the Torso a caprice ?
Greek architecture was mado by men of corrector
eyes than others, who obey the necessities of their
works tho use of tho building, tho necessa
ry support, tho best aspect, cntranco and Jight;
and having satisfied theso conditions, paredaway
all that could bo spared for strength, and behobl
beauty 1 Is the reputation of these an accident ?:
or s the arc h of tho rainbow, is thn be.intv of
stars or of sunshine, is tho joy of lovo a canrico or
an opinion ? Or docs any man supposo the repu
tation of Jesus accidental tho saint who in differ
ent forms and opinions, but with a UKaniniity of
veiieiationjas io character, tho wholo race of man
worships? Or is tho reputation of any of the
groat lawgivers, Socrates, tho Stoics, Luther, Wash
ington, an accident and caprice ? Theio are peri
ods of occupation when the light of mind seems to
bo partially withdrawn from nations as well as
from individuals. That devastation reached its
crisis in tho acquiesencc in slavery in this country
in the cruel political servitudo of Kuropo during
tho same ago.
And there arc moments of greatest darkness and
total eclipse. In the French Revolution there was
a day when tho peoplo took a strumpet from tho
street, seated tier in a chariot, and led herina pro-
ce-Moo sa og mis is ,ue g mocss oi reason.
A"; . '," lrK2T, )ZF!TtVy
. . , , , , - "
one mm nnprisoniuenr, nnu muitituacs were iounu
to declare that there existed no higher law in the
uni verse than their constitution and this proper stat
uto which uprooted tho foundations of rectitude.
1 ho idea et abstract right exists in the human
mind, aud lays itself out in the equilibrium of na -
ture, in the equalities and periods of the system
in the level of seas, in the action nnd reaction of
forces; thus nothing is allowed to exceed or ab
sorb the rest. If it do, it is diseased, nnd is quick
ly destroyed. Among men that limitation of iny
l.i ir.,ni l,,,,, 1 I, ,.1 ,. ( ., ., I. , ...
. .i f , 7 i i'
patiblo with liberty to all, protecting and socking
1 1 i.t 1 J 1 1 . " . r- Pi
benefit as long as it does not iiiterfcro with
J 1 ... 11 ! 1 1 ,
your bcrieht this justice which satisfies everybody
was an early discovery of tho human mini. It
was a beneficent rule See how all things wc-iked
It is impossible to tilt the beam.
.....I 1 1 1:...- .. :..
tiiei oiiiuiin 111; e, ui'u iiiuiiimjoiims ui luo ni nil 111
.,...: i.i- ,.
vain set their shoulders to heavo the bar
settles for evermore tho ponderous Kouator to its
line; and man and mote, and star and sun, must1;
inovo by it or bo pulverised by tho recoil.
fathers, in Julv. 1787. consented to adrtnt. nonob,.
tion as tho basis of representation, and to" count
three-lifths of the slaves, and to concede tho !
reclamation of fugitivo slaves for tho consideration I
that there should be no slavery in the northwest :
territory. They made this fatal blunder in agree-1
i A r i i p i i .i I
ing to tins false basis of representation, and to this
criminal simplicity of restoring fugitivo slaves,
Tho splendor of tho bribe, nnmely the magnificent
prosperity of America from 1787 downward is tho
excuse pleaded for their crime.
They ought never to have passed tho ordinance ;
they should havo refused it nt tho risk of making
no Union. Many ways could have been taken.
tho southern section has made a desperate alliance
wiwi r.ngianu, or gonu oacit in colonies, mo siavo j
would havo been emancipated at tho samo timo as
those in tho West Indies, nnd then the colonies i
would havo been nnnexod to ns. Tho bribo, if:
they foresaw tho prosperity wo have seen, was to
to dazzle common men, nud I don't wonder men
excuse and uphold it. But always, so much crimo
so much ruin. If the South thinks it is enriched
by slavery, read the valuation tables, or weigh the
men. I think it impoverished. Young men aro
now born in that country, I suppose, of ns much
ability ns elsewhere ; but I know not what blight
rest upon their education ; perhaps I know too
well, and that blight in their reputation is there
only when loviug to make good tho reputation of
iNow what is tho clloct, thereloro, in tho balance
of the universe, of this evil government ? Why,
ol course, to discredit the government. W hen the
public fails of its duty, private men take its place. I
hen the British nnuistrynr wcnkT the- Timed ed-jnot
itor rules the realm. Y hen tho American govern-
fulso to their trust.men disobey and resist
goverumcut.put it m the wr.mg.and the government
... r. i :..i,. ...: u r..i.. i :.i: l i
is turccu iniu it uiiiior, laisu uiiu i luicuious uiiiiuue.
Men of roason, of truth, private men, have great
hearts. This is the compensation of mnd govern
ments the theatre they afford to illustrious men,
aul we havo all of us u greut lidbt to the brave
and conscientious men, w ho, in tho very heur nnd
of tho evil acts, made their protest for them-
selves and countrymen, by 'word and by deed.--!
are justified, nnd the law is condemned.
Loud applause.) But it is not to societies that
the great secrets of naturo aro revealed, but to
private persons to each man in his organization,
experience. A serious man looks for his oppor-
tunitv. I think he onlv works trulv when ax-ln
upon his own private observation. All forcible
men will admit that books, learned societies, and
learned citios, will not supply what their own good
sense told thciu. It is comuiou to say that the in
vention of gunpowdor lias equalized tho strong
nud the weak. Never believe it. It has never
mado any deep difforonoo, and Lord Wellington's
weighing tho soldiers proves it. Audacity and
good senso have had tho samo superiority, what
ever weapons yield. There are no truo siuows of
war but tho sinowy arms of valiant men.
Montesquieu said, "countries aro not cultivated
in proportion to their population, but in proportion
to their freedom." Most uufortuuately tkis uni
versally accepted duty has boon antagonized,by
the calamity of American slavery j and in its per
petual encroachment, this has bad tho hoart
through the stronger personality shall I say, of
the Southern people, and through their systomatio
devotion to politics so to league itself with tho
government as to chock and iuvost the hateful sen
timent of the peoplo, by their res peer to law aud
statuto ; and this country now exhibits the atheism
of which I speak, in its aljoct rogard to Jbuus,
All tho fvimu,'11-
u the tjiants
cliurclic8 will melt their plato. The l ather of his
"ait well ,leacl a little longer for
toll, would be quite unmanageable.
r . r , ., i i i i .1 1. ,
Ir. J.nci son concluded Gentlemen and ladies
my t i t- :., 1 .1 "-""'" -uia i.iuilj.,
1 think 111 Pad tunes wo n ust re y 011 these simple
. .1 t 1 J . , . . ""I."1
'i"' . T ? ?u,ct 'lt 1,1 "J"1"
! ot c "J ' I -1 I" " ! vio.lro videnoe cc
tt"trulo in the worM, and brings victory to the riirlit nt
'H, f " '' , P T , i " .'T,Vt'r
only !"? "'e V. c du notf s..ufl" "Then
"J" rcTZ c f1"' U T" W.?"
" "','rll, " LW' A ,1 rlse'r I the
lcJ liat. .,lu,turf the stars of Heaven
the thoughts of the mind, all aro to be tho emauci-
torR f 10 slave ,
Lord N'elson was a man of sterling English sense
and knowing himself to mean rightly, nnd being
rather a plain man, much annoyed by the pedantic
rules of tho service, ho went back to tho first prin
ciple, and once for nil made up his mind to obey
orders he thought to bo all perfection, " but the
great order of nil is to servo your country, nnd
down with the French (applause.) And when
ever nny statuto militates against that, I go back
to the greot order of nil, out of which tho little or
der springs; and he explained to his officers thai
in caso of no signals, or not understanding nny
signals, no captain could go wrong who brought
his ship close alongside an enemy's ship. (Loud
So every wiso American will say, in the construc
tion of statutes, or their doubtful interpretation.
Liberty is tho great order, w hich all lesser orders
aro to promote. (Applause.) That is tho right
meaning of tho statuto which extirpates crime,
and obtains for every man the longest liberty com
patible with liberty for every. No citien will go
wrong who upon any question leans to the side of
general liberty. (Applause.) And whilst thus
society In no fiction, but has real rank from its king
or political head to its lowest member; nnd whilst
it has a real function, that of this raco being to
eliminate liberty, o it has public actionshich it is
to perform with electric energy.
Men inspire each other. Tho affections arc
nursed. Hope is. Lovo is. lcspair is none.
Seltirhnss drives away tlio angels. It is delicious
to act with great masses to great aims for in
stance, the summary or gradual abolition of sla
very. Why, in the very name of reason nnd the
peace of mankind is not this made the subject of
instant negotiation and settlement ?
Is it possible to speak of it with reason nnd good
nature, because it is property ? Whv, then' it has
a because .t is po iticn. v, el it inti-
matcly l,rtc us- Ml1 'h" WI"
" " " I""
That is really a great task tit for this country to
accomplish to buy this property of the plunder
ers ns tho British nation bought tho West India
slaves. I say buy, never conceding tho right of
tho plunderer to own, but acknowledging tho ca
lamity of his position, nnd willing to bear a coun
tryman's share in relieving him ; nnd becauso it is
the only practicable course, and is innocent.
Wealth here is only a ri;;ht social of public func
tion. If one man cannot do, why all men must do.
We shalljonc day bring tho States shoulder t( shoul
der; and citizens, man to man, to exterminate sla
very. It usod to be said it will cost a thousand,
then twelve hundred, and it is now said it will cost
two thousand millions of dollars.
Well, was there ever any contribution so enthu
siastically paid as this will be? M e will have a
chimney tax. Wo will give up our coaches, nnd
wine nnd watches. (Laughter ami applause.) The
l ranklin shall wait for bis. The
Pilgrim Father for theirs ; and the patient Colum
bus, who waited all his life for justice, ul.all spend
a larger eharo of his immortality still, wating for
his. We will call on those riuh benefactors who
found asylums, atbcnrcunis, Hceunis, city libraries
.1. 11 ii i.t. i.. r.
1 T iT : . V"' . "! nna mma
H()1M0 T1)0 IueohIlk,8 wi'a iv ' f "
will have cent societies. ( Laughter nud apnlausel
If really tho thing could come to a negotiation, and
a prico w ere named in good faith, I don't think that
r. i,i i...,. ,.
. .. i
J umuutu Oil II. OU1U 111,11 IlgUlCS COUId
while it is swindled nut of lib
'4,m ' vvrJ "LW tren'oii, to those
fchllmtlful liltue8 i, tIle ,.0.i (lf
I . ,.L t .J ll 1 . .
. .1 n , .
'country, the opposition will never end. never re ax
..... - . .
wnusi inc siaiuics cxisc. js long as tho grass
grows as long ns thcro are summer or winter
ia I'Ji'o iiiiiy ui mm, on iiini; 111 iim seilll-
1.. . .. .1 41 11-
'"y""'" mem. u canuoi educate men, or
Mr. Emerson rosumed his seat amid rapturous
applauses, his address having occupied exactly one
hour in the delivery.
delptna, ana that the order now extonds to many
'other eastern cities, and as far westward asCincin
rmti. One who professes to belong to it, gives to
the New York Tribune the following stnteiuonts nf
5. Tho Papal power being a political despotism
under the garb of Beligion, its supporters should
bo permitted to hold office in a free country,
j 6. Tho people being the legitimate source of po
meutaro litical power, all offices, National as well as State,
'go far as practicablo, should bo filled by a direct
i .-.... '
American Tract Society, without any distinct aim,
or purpose in that direction, is contributing powor
placo j '""y to tho ultimnto abolition of slavery." But
how? Tho enormously elongated effort of tho ed
They I itor, amounts to this. The colporteurs of tho So
( 'eicty nt the South, tell of tho degradation of whito
j folks, and thereby make us hato slavery ! Their
picture nn story books (that say not ono word
ngainst Slavery by tho way) aro "coniantly and
vowerfnllil eounteractina the natural eKr.i of HI a-
The "Know-Somethinus." The K. N's., it
seems, are threatened with a "rival organization"
quite ns mysterious as their own. It is s.iiil tlmi
tho "Know Somethings" were organized in Phila-
its creed, which appears to bo mainly directed
against Romanism nnd Slavery: Columbian.
1. Opposition to all forms of tyranny over the
mind or body of man.
2. Neither ntituro nor tho Constitution of our
country recognizes the riyht of man to property in
3. Principles and character, and not birth-place,
aro tho true standards of qualification for citizen
ship. 4. No more Slavo States should bo admitted into
thu Union, nnd there should bo neither slavery nor
involuntary servitude, except for tho punishment of
vote of tho electors.
J'ic Independent in a four column editorial de
monstrates to its own satisfaction, that, "Tho
I very ! !" O most lame nnd impotent conclusion.
e read that editorial on this wise. It is not
expedient that we should countcnaneo tho recent
action of congregational churches against the A. T.
Society. So here goes for a wet blanket to cool
A Hit. Dr. Nohoiniun Adams' book on his lato
tour in tho slave States, is beautifully cut up by a
writor in tho Christian Examiner for January.
The best hit is this. Pr Adams bewails thu suf
ferings of masters and mistresses in not being
able to bring their skillful coachman and affec
tionate nurses to tho north, for fear they may tako
a fancy to freedom. Upon whicli tho reviowcr re
"lu a similar stato of mind, a Jew of tho upper
classes, on hearing of Christ's trial, might have
commiserated Cuiphas, for having to get up so
early, to the imminent peril of his health, and in
a very cold morning, in order to examine Jesus.
And no doubt the feelings in tho minds of suine
noblo Romans, ou henriiig of Christ's crucilixion,
may have been mainly of indignation agaiust the
Jows for having given thoir friend Pilate so much
annoyance. life Illustrated, . . - ...
"SUIT FOR FREEDOM."
We find in The A-,p Ork.inn Ddta a "S lit fi
Freedom," before tho First district Court, involv
ing tho late of eighteen human beings. Tho case
ns reported we give in full fur tho incidents are
curious nnd the laws, as recited by the Judge, are
worthy of study :
"itio suit wns brougbt by a negress tiamed
F.ulnlio nnd her children and grand-children, in
all numbering eighteen. It wns alleged in the
potition that the parties l.luiotiti' bad enioVcd un
disputed possessions of their liberty for forty-five
years prior to the close of 1S52, when they were
loicibly taken from their homes nnd finally given
into the custody of Messrs Dainicl A. Long nnd
achannh 1!. .Mabrv, who claimed them ns their
slave. hen tho suit wns first instituted, defendant
declined to answer, and filed an exception, deny
ing plaintiffs right of action in tho premises
Judge Lnrue, who was then presiding over the
1':.., ri:..H:... i ....i
ft II 31 l-'lll 11 b UUI I, ruBl.iuii'u mu UACl UOII, flllU
the petition wns consequently dismissed. There
upon the plaintiffs took ai appeal to tho Supreme
uottrt, ana too result was tl;at J.arue s decision
was reversed, nnd the ease wns remanded back
for trial on its merits. 'The testimony shows that
F.ulnlio wns owned by Simeon Torche, of the parish
of Pointe Coupee, nnd more than forty-five venrs
ago vrcic pcrmiHctl n:r lo marry Jlniry (Hi cert,
f. m. c., the. natural broiler nf Madame l'orrhe.
She then, with tho consent of her master, left the
plantation and went to reside on a farm owned by
her husband. This farm was on an island in
Falso lliver, near Mr. l'on ho's plantation, and for
for forty-five ycard Kulalie and her offspring wore
permitted to eniov nil the riehts of frco persons.
no attempt being made during all tins t:mo
reduce them to a state of bondage. AboLt thirty
years ago, Madame Porcho bccnnio tho sole legatee
of her husband, nnd always evinced great affee-
tion for Lulalio and iier children, nud mado fie-
quent attempts to hao them emancipated by the'
Policc Jury, in order that they should be entirely
and forever free. This is specifically testified by
ncr ii'.uirney, wno wns open consulted on the tun-;
jeet prior to Madame Porcho's death. Indeed
fearing that after she died they might be reduced
to (slavery, she mado a nominal sale of them to a
relative, under the express stipulation that he
should emancipate them. This relative betrayed,
as it would appear, the trust reputed in him : nnd
it is ny ins act mat petitioners were suiiscqucntiy
lieid as slaves.
On behalf of plaintiff, it was con-1
tended that nil
property 111 them has long since
been prescribed by Art. u, 010 of the Civil Code
which siys: "it a master suiter a slavo to enjoy
his liberty for ten years during bis residence io
the State, or for twenty years while out of it, he
shall loose all right of 1 ilit of action to recover
possession of tho slave, unless said slave be :i
runaway or fugitive." Cm the other hand, it v. as
contended that tho article above quoted is iu con
llict with Art. 1S5, which declares "That no our
can emancipate his slave unless the slave has nt-1
tuincd the ago of thirty years, nud has behaved
well for at least four years preceding his emanci
pation ;" and being so in conflict, is wholly inoper-i
ntive. The Spremo Court, in deciding the cxcep-l
tion in this very ease, holds tho following bin-
guftgadn relation to Art. !!, 510 of the Civil Code :
"This provision, we are told by counsel, is merely!
idle, without meaning or applicability, nud enu,
:.. n ic..., .i... :..!.. i- .1.. . 1
im iiv nn,, unci!, nil; iiii.it i'i nit; mucin iu leu'iiri:
ins slave into actual possession at any time. ei
would not feel ourselves nt liberty, under any eir-1
cuinstanccs, to disregard such a clear expression
legislative will as is contained in that article,
and wo seo nothing in the relation subsisting be-;
tweon master and slavo, or in tho l '.w, which nn-1
dertakes to regulate tiie slaun of thu slavo in rc-j
I'eronco to his rights and privileges as a free man,
with the prescriptive title lo freedom
which he may noqiiiro under that law. The
law recognizes this as one of tho modes in which
slave may acquire his freedom. This reasoning!
is cited and relied on by Judgo Kobertsou, who
stntes that the article ( No. o, 510) is derived from
tho old Spanish law which runs as follows: "If a
slave enjoy his freedom during ten years while he
is out of it, and tho master, during that time, halh
instituted no suit touching his slavery; and if the
slave acted in good faith, believing that ho was
free, lie cannot, thereafter bo claimed as a slave,
neither by his master nor nny one for him, and if lie
be so claimed, he may avail himself of the prescrip
tion, and obtain bis freedom." Judgo Robertson
on this, remarks: "It is clear from the proof, that
the owners of Kulalie never attempted to interrupt
her possossion ot liherty during lorty-hvo
and no ono elso could have dime it, either by suit,
or by force. After she had lived in freedom for
ten years, in the presence of her owners, their
lailure to exercise nny ol the authority, rights or
power of a master dui ing that ) eriod, gave her a'
prescriptive right to her freedom, of which neither
tho master, nor any other person could, by any pro-.
cess; deprive hcr.Our law pointsout several methods
by whicli aslavc may become free.and because they
differ, they aro not on that account to be construed
as conflicting with cajh other. Where tho slave!
is emancipated it is dono by the will and act of his
master to effect that end, which can only be alloc
ted by complying with all tho the formalities of
AVhere nrscrintion has run in favor of!
the slave's liberty he becomes free by operation
of tho law, whicli Uius punishes the negligence of
tho master, and tho slavo is forevor nlaced beyond
the master's control. Although he mar not have
all tho legal privileges of an emancipated slave,
ho is yet frco and is subject to the laws of the
State alone, and may bo dealt with as a free
person accordin to tho laws providing for the
regulation of that class of persons.
"Our laws, copying tho liberality of tho late
Romau laws, aro exceedingly jealous whero the
liberty of any ouo is concerned, but in tho othur
States of the Union, whero the institution of Sla
very exists, many cheeks and restrictions nre op
posed to tho emancipation of slaves and tho au
thority of tho master is guarded with great care.
Wheeler's law on Slavery) 3S0 et seq. If Eulalic
is entitled to her freedom, the children follow the
condition of tho mother. C. C. 190. After this
survey of the premises, it nppears to the Court
that tho conclusion is irresistible in favor of the
freedom of the plaintiffs. It is thorefore ordered,
adjudged and decreed that the prayer of petitioners
be granted; that they be sot nt liberty, and that
defendents bu forever enjoined from molesting
"SUIT FOR FREEDOM." THE SLAVE CASE--SLAVES SET FREE.
The State of Ohio, on delation rf J. Ji. San-hd,
(vainit A. If. (iruham. Habeas Corpus (V
fore James Dewno. l'robute Judyeof Cucrnscy
This writ was issued for the purpose of taking
from tho custody of A. W. Graham two negro
boys, and bringing them beforo said Jude, to try
the right of said Graham to said custody.
Tho principal facts, as they appear upon the
papers on tiio in the case, wero thoso ; Ouo of the
hoys, whoso name is Enoch, aged 10 years, is the
slave of N. M. Lee, of Richmond, Ga., nod the
other, nainod Lewis, aged 9 years, is Hio slave of
T. Noivdigato, of Kuiituoky. That about the
5th day nf December, 1854, tho owners of said
boys put thoui in charge of said N. iV. Giuliani,
nt 'Richmond, Yn., for the purposo of having them
taken to Kentucky, at the time instructing said
iGnihaui to proceed bv the way of tho Ohio river.
That said boys were pot taken to Kentucky for
tho purposo of sale. That A. W. Graham, hav
ing snid biys in his charge on his way from Rich
mond, Va. to Kentucky, came to the Ohio rivar,
Mates stnetjy, tho slave ennnot Lo declared n
"fugitive " having no will of his own iu the
'matter, but controlled by the ngent in the further
of j nneo of Lis agency ; that if the ngent, in some
particular violates tho instruction given to hini.
it becomes a question between them, nnd not n
question under the said fugitive clause.
7th. in cases where thcro is a conflict, the eom
incompatiblo mon law yields to the statute, nnd they are both
j superceded by constitutional law. Whatever may
be the common law upon the subject of tho ran
a of the property of the citizens of ono State,
j within the jurisdiction nnd over tho tcrriTovv ot
hereupon, on motion ot tho counsel lor the
State, Pr. M. I. Baldridge, of Senocavillo, was
; appointed guardian for tho boys, who iimredintcly
touk them into his charge. Cumin idyc I'jer.
! CAT HARPIN. This is a Farm of 717 Acres,
. !'i"g on Cat Uarpin River, Spotsylvania County,
Va., upon which, it is bcliuved, thire is much
gold, as sonic beautiful specimens have been found:
j and it adjoins, for moro than a mile on tho south
' side, and directly in the range of the vein, tho cel
tholaw. cbratcl Whitehall gold mine. Price, S-l.bOO.
but Onding it not navigable, without the expres.
consent, or knowledge of said owners, proeee lO'
throne!! the State of Uhio upon the Central Ulii
Railroad, and tout by ren on of an incident to tin
train of c u s in w hich said Griiham and said boy
were travelling, he was detained at. Cambridge.
in Guernesy (.ounty. during w hicli detention lliis
writ was issued nnd snid boys were taken fronii
W. It. jbicbnnan. John Furcnson. and J. M.
Bushfiidd, J-'.sqrs, wero counsel for tho State, and
and S. W. White; , 1!. Wagstaff.an 1 I I.J ..low ett,
r.xirs., counsel tor S . W. Graham, the KesMon-'ot
The cause came rr for final hrnrir.B nnd dnei-
sion on the 21s t of lcc, lSO-L Bcfoio tho nrgu-
mcnt commenced, the counsel for tldspoiident !
moved thnt the boys bo brougbt into Court fjr
the purpose id' making their election to go with
their musters, or rema;n, tho decision of which
was reservedly tho Judge till after the
of the case upon the main questions.
Ail the questions involved in tho caso were
fullv nnd nblv nrgued by Messrs. Fnrguun ami
Busbf-old on behalf of the State, nnd W. I!. Wag-
stall nnd 11. J. Jcwett, on tho part ot the l.e
Judge Polling, in deciding the case, held:
1st. That the States of the American I'nion.
upon the subject of slavery, stand as independent,
' i . ' :
t oroini n is, cacti ucing B'neieign wuui.i 11.1 ow u (
niits, nnd subject to i.o control, except thnt con-1
teliHilateu Py the third clause ol tho second sec
tion, fourth article, of tho Constitution of the
I nitod States, by w hich a person held to service i
or Jal.or in one Mate, under the laws tliereot..
escaping into another State, shall not, in conso-1
iience of any law or regulation therein, l.o dis-j
idnnjed from such service or labour, but shall be
delivered up on claim of the party to whom the
service r labor may bo due.
IM. Thnt the relation of master and rlavc docs
not exist upon the principle of natural and t'ener-
til rbiht ; that such relation is tho creation en
gositic Iiiav, whjch is of no force beyond tho lim-
lis nun jurisdiction Ol that fttato or country in
which it is enacted.
Ed. By :hc sixth soeti. n of the thirteenth arti
cle of the Constitution of the Stato of Ohio, it is
declared that "there shall be no slavery in this
State, nor iuvcjuntai'v servitude, unless for the
.i:nisli!:u:iit of crime, from whkh it ."ullows that
slavery ennnnt exist in this Stato fur a moment :
and that when tho person is not a fugitive, he and
his ma-tcr stand as map. to man that tho master
has 110 power or authority to control him w ithin,
or remove him without, the jurisdiction ot tins
Ith. Tl nt all persons within the limits of this
State, even for tho shortest period, leccme sub
ject to the municipal laws, civil and criminal, arc
entitled to all the protection which lliCie laws
afford, nr.d this ib tho caso bo the person white or
oth. the third clause of tho second section of
tlie. fourth articlo of the Constitution of the United
States is the only authority for the restraint of a
slave by bis owner within this State, which, being
a yir.ivisii-n denying a general right, must be
1'itb. When a slavo is brought into this State
by bis owner's ngent, the ngent at the time pursu
ing the generul object of tho ngencv, construing
1 i c .!... tt i- .1 i. 1
1 sain clause 01 mu vuiisiuuiiou 111 1110 1 niieu
another, with relcience lo slave properly, the
question is settled by the sixth section of the first
article of the Constitution of this State, most
clearly against such a right.
Sth. Unit to bo protected, under tho claim of
I Hi'.v.vMi, it devolves upon me nespomient to show
in iii-j i-uiiii .inn ii ,i .tf(H (ft 7it(.(.xfy us ur.utciif
prevented the Hexpnndent Jrom cxercixtnt any, even
the nlii;hlext volition ; that such proof not being
iiuiilc, his coming wiihin tho territorial limits ol
this State must be hold to be voluntary.
Whereupon the boys wero pronounced to be free
from the control nnd power of Ilcsprndcnt.
The Judgo wns of opinion that they wero too
young to make tho election asked for by the 1
sin ndcnt's motion, and overruled the samo.
CLOVER GREEN. This is a farm of 1,000
MOUNT AIRY. This is a farm of 505 Acres
having an excellent Grist Mill upon it, and about
three miles south of Clover Green. Prico, 80.500
Dwclling-IIouses, &c, are upon all these Farms.
Any person wishing to purchase, or desiring more
lntonnation.niay address YV . K. run LLL, Clover
Green, Spotsylvauia Co., Ya.
We copy the above advertisement from the N. Y.
Tribune, of the llild inst.
Here are thrco largo lartns onercd lor sale nt
prices which must ai.nizo every one. Just think ol
a farm improved with "Dwelling house" and barn,
fir by tho "v.." wo understand barns, out houses,
offered for sale in Spotsylvania county, Virginia,
at $o,(K per aero 11 Where i there an improved
Jarm in Uhio, t'ennsylvania, Illinois, Iowa, or W is
consin, that could bo bought for six dollars an
acre? This comes of making Virginia a slave
breeding state 1 Yet if wo were young and devoted
to agriculture; wo should propose instead of going
to the West, to colonizo Old Virginia with freo la
borers from the North. Willi a delicious climate,
an accessible location , abundant resources of fer
tilization within reach, such farms as are advertised
for sale at such ruinous prices, can by the sweat of
tree labor, be made to bud and blossom as the rose
Negroes Retibneu. Tho St. Louis HoraJd
states that four negroes, belonging to Col. V. L.
liocy, have voluntarily retumod to thoir master,
being satisfied that Slavery was prefcrablo to Free
dom. Wo have beard before of one instanco iu which a
fugitivo returned from thn North and throw him
self upon the mercy of bis master, making at the
samo timo bitter complaints of the cruelly of the
abolitionists, aud the hardships ho bad endured ;
but in a lif.lo timo ho was again missing, and sev
eral others with him. Col. Bogy had better keep
a sharp look-out for thoso four negroes. Minnesota
Tho enormous quantity of fortv-seven million
gallons of whiskey, rum, and brandy, and thirty
uiillion gallons of strong beer, were made iu the
United States during tho last yoar being moro
more ihan three gallons apiece to every man, wo
man, child, and suckiug buby, black and white, iu
the country. . " .
SLAVERY AND EDUCATION.
vorsitios, oh tho ground that the Southern jnutlf
are debauched by reading Northern bo :1k. atte'hd
ing Northern schools and colleges, and that they
thus grow up haters rather tl.nn lovers of Slavery,
He complain that young men and maidens rtctunl
motion ly come fiome from their studies nnd beg thef par
argument ents to emanc ipate their slaves. And he more than
j intimates that this foolish notion Of emnnci pation
.colors their wholo subsequent lives, although ras-
A certain I!ov. Mr. Marshall otbtirwtsfi Vhnwri;
vo believe, as Charley Marbnll wnsi prominent
imong the orators who ilhiinitiMed the recf-nt
Southern Commercial Contention at New Orleans.
The theme of his discoureo wns education, and, in
its glowing parngrajdis. ho Approved himself sucli
a genius as can spring iiilo being only irt it lilrVi'
where the chief end of man is lo be cither a slave
or a slave-driver. The Key. Charley is an npostld
of the very newest theory of Slavery; and as suoh
course, while everywhere luminous, niay yuiiji
that consistency is bis brightest point.
intensely for Southern schools nnd Solithcfh uni-
fed on plantations in the midst of the patriarchs!
There is a wny of painting a sign so thnt from
ono side of it you may see nn nss nnd from trl
other n linn. Such arc tho pictures of Slavery
held out to us by its advocate s, nnd illustrated by
.I... .1. f tl. !..,., 1 At.,.l,otl II
u "i im: j .:. . ... . u t. ... a
that by giving to Southern ynnth nn insight ilitii
irccuom, tney icnrn to ueiest Slavery; uui n mis
same declainier on the joys and blessings of higgfir
driving should coine to New York to make a (Speech
on Slavery, no doubt bo would tell us, what is af
ways first told us on all occasions when tho North
is alone addressed, that Mavery is the pest possi-
hie condition for the African race oti this continent.
nnd thnt it is only the prejudices of thclVorth thnt
make it hostile to the institution thnt, if North-
ei n mm nnd women could rnly come nnd live ill
the South, they would nil see nnd acknowledge tho
beauties of all its social and industrial relations.
Indeed, it would appear that all emigrants front
thu North become slaveholders at once, nnd thrtt
no men nre such fierce champions in its behalf nS
they. Yet in the face of this cvery-day argument,
we have Mr. Marshall preaehing up the necessity
of keeping Southern youth from Northern schools
and colleges, ou the ground that tho very sight of
Freedom makes such youth detest Slavery and con
verts them into half-way Abolitionists.
Gentlemen who defend the right to auction off
nun and women in tho public square, nnd to keep
perpetually burning the fires of hell in human bo'
si ms your efforts aro vain! Y'ou cannot mako
white black, or vico virtue, by writing new books
or establishing now schools and new college.'
Truth will bo truth, nnd falsehood falsehood,- in
spite of you. Y'ou may make Fugitive Slave laws
for tho body, but you cannot mako them for the
mind. The thought, which escapes nnd flies from
the boundaries of your jurisdiction, ennnot bd
caught nnd ehnined as the poor black body, moved
by its impulse, may be. If you will educate your
sons and daughters at all, you cannot escape thtf
effect nf education upon their minds. Your only
hope is in extinguishing culture of all sorts.
Theso balf-wny measures will not answer the pur
pose. Begin, then, by refusing to send your youth
awny from tho benignities ' f (be tintriarclibl insti
tutions. Confine theln wiiiiin the rrgion Where
Slavery flourishes in all its dismal proportions'.
But it will not do for you to stop there. To achieve
your purposes you must shut up even jour own
schools and churches, such as they nre, burn all
your books, extinguish every spark of intellectual
nnd moral light. You must convert life at tho
South into one vast desert if jou would preserve
Slavery intnet. Y'ou must sacrifice everything
good and noble nnd exalted, or you must submit to
have Slavery viewed under tho light of everything
ood and noPle nnd exnltcd, and abide by the con-
WHERE ARE WE DRIFTING.
Wc are marching as straight upon disunion nS
ever people did, and blindfolded. Fur pence nnd
Union snko, we nre giving the south nn nidvnnthgc,
which, when once secured, they will use to goad
tho North to inevitable rupture. Thoso men who
counsel peace and acquiescence now counsel dis
union and belligerency hereafter. Their wordB are
smoother than oil, but the poison of asps is under
their tongues. It is always so.- Men will not
Ibreee; our fathers did forsee ; their children
havo hot tho gift. We shall probably go on, and
when the work is done, nnd every omen nnd
sagacious prediction comes to pass, then we shall
wonder, nnd repent, and build tho sepulchres of
tho men that new we execrate.
The facility with which the aroused indignation
of the whole North has been extinguished by the
miserutilo peruilty ol the so-called Anicricnh party,
is mortifying, nnd sorrowfully prophetic. By
years of persistent labor, the conscience and honor
of multitudes of the North had been aroused.
They began to seo and value the real principles
fundamental io American institutions. Under the
shallow pretense that Know-Nothing lodges would
py-and-by, become the champions ot liberty, ns
now they nre of the Prostant faith, thousands
have been inveigled into theso catacombs of free
dom. Ono might ns well study optics in the
pyramids of Egypt, or the subterranean tombs of
Rome, as liberty iu ssciet conclaves, controlled by
hoary knaves versed iu political intrgue, who enn
hnrdly enough express their surprise and delight
to find honest men going into a wide-spread system
of sccr.'t caucus's. Honest men in such places
have the peculiar advantage that tlies have in a
spider's web the privilcs of losing their legs, uf
buzzing without flying, and 'of being eating up at
leizure by big-belied spider's.
We nre heartily agreed with the original movers
of tho N'nnw Nothing enterprise, that the foreign
population require special attention.- Their na
turalization should bo nfter a longer probation ;
the office., State nnd municipal, should not be filled
up with hungry foreigners ; the American lan
guage should be the only one in which public
documents should be printed, nnd every means
should be employed to break up distinctly foreign
organizations in our midst, nnd to promote n speedy
absorption and digestion of the whole foreign ele
munt. But while these ends command our appro
val, wo disapprove of a method of accomplishing
them which is at variance w ith the whole spirit of
our institutions, and which enables crafty politi
cians ti turn the organization into a tool for
purposes of private ambition aud of Southern
Already the enthusiasm of the north burns alike a
flanio omephitio gas. Strong men are weak.
They that wero wiso of speech are dumb, nnd
many a Sampson has arisen from the lap of this
Delilah, shorn and weak. It only remains that
they should carry out Sampson's history, grind
avhi'o in eyeless solitude, and they will be ready
to frco themselves, and destroy their foes, by bow
tbemsolves upon tho very pillars on which our
loinple of liberty stands, and gain their release
amid the ruins of tho Union 1 ,.
Whoa wi 1 men understand that simple, open
iv.tcgrity, an unflinching adhesion to Principle,
is the peculiar ml vantage of Truth and Liberty!
All that tho Bight asks is air, light, an open
cnu ni,', and room to strike. It i Wrong, that
sneaks in tho dark, and gains by the stiletto.
Henrv Warp Bcecucr, iu tho lust N, 11 Indo-ytnJent.
The popular branch of the Illinois Legislator
has pnosod stringent liquor law. It was carried
by a heavy majority.