THE IMPREGNABLE CONCLUSION. 535 THE IMPREGNABLE CONCLUSION. The status of negro slavery in the United States, rests, therefore, by the highest legal authorities of the South, upon a different basis from that to which Dr. Thornwell and others assign it. It is unquestionably true, in point of fact, that vast multitudes who have been held in slavery in the United States, ever since the origin of the system, have been held upon a "foundation" which, if traced back, "could not sustain a legal claim to the bondage of the victim." Their slavery was founded in "kidnapping." It was, therefore, by these high Southern authorities, from first to last, illegal. The "presumption" by which the courts are governed, and which in such case would, of course, be in favor of the "legal claim," was no doubt a principle absolutely necessary to save the claim in multitudes of cases; and as the interest of every master would be in favor of the "presumption," the claim would always be safe. General Cobb well says: "The law does not go back of that fact;" that is, of the "purchase of persons already in a state of slavery in their own land." It is perhaps well, morally considered, that it does not, for, as before stated, there is nothing "back of that fact" but force, fraud, treachery, crime of every sort, in the perpetration of which the victims have been brought into slavery and their bondage perpetuated; and the same crimes have entered into the traffic by which some other systems have been established. And yet, legally considered, there was no necessary reason for stopping even there. If any persons, therefore, choose go back of that fact" where Southern courts are content to stop, and should "inquire into the foundation of that slavery" in Africa, they would still be obliged to "fetch up" on a basis of "positive law." to " The African systems prevailing have the public consent of the chiefs and of the tribes; the usages by which slavery is regulated among them are settled; the modes of redu cing one another to slavery, as for example by captures in war, are recognized; "the right of the master there to sell" is an acknowledged right; and these, and all other essential regulations of those systems, dating back as far as any certain knowledge of those people extends, are, among those tribes, of the nature of " positive law." The Southern courts do not decline to "inquire into the foundation of that slavery" because there was any difficulty in finding a legal basis for it, but because they must have some place to begin, and they might as well begin with the "purchase" founded on "recognizing the rights of the master there to sell" as anywhere else; and yet, that "right to sell" must, of course, rest on the right of possession, which, if inquired into, would inevitably involve the legal status of "the foundation of that slavery." If that "foundation had not thus been tacitly assumed to be legal, "the rights of the master there to sell" could not have been legal, nor "the title of the purchaser from him;" and, in that case, as in "kidnapping," no "legal claim to the bondage of the victim" could be sustained. But the African slavery was assumed to be legal, as the right to "sell" and to "purchase" under it was deemed legal. The basis, therefore, of even the African systems, is, so far as we can trace it, a basis of "positive law." The same principle of recognizing those only as legally held in bondage in this country, who were legally held in slavery in Africa, which General Cobb declares to be the rule in Southern courts, was early acted upon in Massachusetts. General Cobb says: "The Puritans insisted that the traffic should be confined to those who were captives in war and slaves in Africa. Hence, when, in 1644 or THE CONSOLING ALTERNATIVE. 537 1645, a Boston ship returned with two negroes captured by the crew, in a pretended quarrel with the natives, the General Court ordered them to be restored to their native land." This shows that all parties, at that early day, deemed negro slavery in this country as having no other proper origin than a legal one. THE CONSOLING ALTERNATIVE. If any persons choose to go still further, and search for "natural causes and causes of universal operation," under which they imagine those African systems may have come into being prior to their having any legal status,—of which they know absolutely nothing with certainty, they will, in all probability, find, as before stated, only fraud and force, and all the cruelties and crimes which the facts which are positively known suggest. If this affords any better foundation for satisfaction to the Christian conscience, we do not know that it would be wise to disturb it. It may be convenient to attempt to push the system, to avoid a legal origin, on into African darkness, but we do not think it is sensible. But, be all this as it may be, there is nothing clearer under the light of the heavens, than the contrary of Dr. Thornwell's assertions. "Slavery," in this country, did arise, and is continued, "under the operation of positive law." Such is the testimony of history, of Southern law, and of Southern judicial decisions: connecting its legal status here with its legal status in Africa. As we stated in the beginning of the discussion upon the "Polemics" of Slavery, our space by no means allows us to present an exhaustive consideration of the subject. Nor is this necessary. We have noticed a few points which are radical, and which are always relied upon as the main positions from which the system is defended. untenable, all the rest is mere skirmishing. If these are We freely confess that we take very little interest, at present, in any discussion with the pen upon the right or wrong of slavery; and perhaps the reader will take far less. We shall not blame him if he does. A discussion concerning it is going on in the country, of infinitely deeper moment to every American citizen. As its friends have appealed to the sword in its defence, let its merits be decided with that weapon; and may God sustain the right! THE EXTERNAL SITUATION. 539 CHAPTER XV. REVIEW AND CONCLUSION. WE bring this work to a close in the present chapter. Several subjects on which we had proposed to dwell, and some chapters fully written, are entirely omitted, to avoid swelling the volume to a larger size. The general subject which has enlisted our pen is one that must deeply interest every American citizen, as indeed it has awakened the interest and stimulated the inquiries of the whole civilized world. THE EXTERNAL SITUATION. It is safe to say that no contest of arms in modern or ancient times has embraced elements of wider range, in their bearing upon the general welfare of mankind, than the great American struggle now progressing. At the outset, it so seriously disturbed the industrial concerns of the two largest nations of Western Europe, to name no more, threatening thousands of operatives with starvation and endangering the public tranquillity, that it was feared they would, in self-defence, become parties to the quarrel, and thus enlarge the theatre of war. And during every stage of the strife thus far, an uneasy feeling about "foreign intervention" has more or less constantly haunted the minds of the people. This was counted on by the leaders of the rebellion as an absolute necessity, involving, as they supposed, the daily bread of millions, and the regular flow of business in all the channels of trade. Without this hope, it is |