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were restored to freedom in like manner. Las Casas records, that, "so great was the Queen's indignation at the Admiral's misconduct in this particular, that nothing but the consideration of his great public services saved him from immediate disgrace.' "1 Whatever the legislation and jurisprudence of Spain, this historic incident must not be forgotten. It was the voice of the sovereign, and therefore, for the time, the voice of the nation.

There are other eminent Spaniards to be included in the cloud of witnesses, especially Las Casas, whose story I give on the authority of our own historian, just quoted, whose works were in every library of the country when the Chief Justice launched his decree I mean my much valued friend, the late William H. Prescott. In his "History of the Conquest of Mexico" is a description of the good Bishop, who, to relieve the Indian natives from slavery in the islands of the West Indies, proposed the introduction of Africans, and in an evil hour his advice was followed. At a later period he regretted keenly the wrong he had done, since, to use his own words, "the same law applies equally to the Negro and the Indian." Afterwards, at a hearing before the Emperor, Charles the Fifth, he denounced Slavery in words of fervid eloquence, worthy of any Abolitionist, saying: "The Christian religion is equal in its operation, and is accommodated to every nation on the globe. It robs no one of his freedom, violates none of his inherent rights, on the ground that he is a slave by nature, as pretended; and it well becomes your Majesty to banish

1 Prescott, History of the Reign of Ferdinand and Isabella, Vol. II. pp. 471,


so monstrous an oppression from your kingdoms in the beginning of your reign, that the Almighty may make it long and glorious." In an elaborate memorial prepared in 1542, the same upright churchman denounces Slavery, saying, "God forbids us to do evil that good may come of it"; and the historian adds, "The whole argument, which comprehends the sum of what has been since said more diffusely in defence of Abolition, is singularly acute and cogent."2 But the Chief Justice forgot all these things.

And he forgot also the dying testimony of Cortés, the conqueror of Mexico, who, in his testament, revealed his anxieties as a slave-master, in the following direction to his son: "It has long been a question, whether one can conscientiously hold property in Indian slaves. Since this point has not yet been determined, I enjoin it on my son Martin and his heirs, that they spare no pains to come to an exact knowledge of the truth, as a matter which deeply concerns the conscience of each of them, no less than mine." The historian from whom I copy this passage adds: "The state of opinion in respect to the great question of Slavery in the sixteenth century, at the commencement of the system, bears some resemblance to that which exists in our time, when we may hope it is approaching its conclusion. Las Casas and the Dominicans of the former age, the Abolitionists of their day, thundered out their uncompromising invectives against the system, on the broad ground of natural equity and the rights of man."3

1 Prescott, History of the Conquest of Mexico, Vol. I. p. 379.

2 Ibid., History of the Reign of Ferdinand and Isabella, Vol. III. p. 476,


3 Ibid.. History of the Conquest of Mexico, Vol. III. pp. 345, 346.

Thus in advance did the historian answer the Chief Justice.

Associated with Las Casas in lofty truth was the Dominican, Dominic Soto, the confessor of Charles the Fifth, and the oracle of the Council of Trent, to whom, it is said, that assembly was indebted for much of the precision, and even elegance, recognized in its doctrinal decrees. His Treatise on Justice and Law is not unknown to students of philosophy, and it has been commended by Sir James Mackintosh, who rejoices in bringing forward the remarkable testimony it furnishes against Slavery. "It is affirmed," says the Dominican, "that the unhappy Ethiopians are by fraud or force carried away and sold as slaves. If this is true, neither those who have taken them, nor those who purchased them, nor those who hold them in bondage can ever have a quiet conscience, till they emancipate them, even if no compensation should be obtained." This testimony has not been left to slumber in the Latin text of the author. I take it from a favorite production in our own language. Not content with quoting it, Mackintosh adds: "As the work which contains this memorable condemnation of Man-Stealing and Slavery was the substance of lectures for many years delivered at Salamanca, Philosophy and Religion appear, by the hand of their faithful minister, to have thus smitten the monsters in their earliest infancy."2 But the Chief Justice ignored all this.

Nor is Portugal to be omitted in this catalogue; and here the testimony is from a familiar authority, be

1 Soto, De Justitia et Jure, Lib. IV. Quæst. 2, Art. 2.

2 Dissertation on the Progress of Ethical Philosophy, Sec. 3: Miscellaneous Works (London, 1851), p. 24.


ing none other than the History of Brazil, by Robert Southey. In this elaborate work, the author, an English classic of the present century, dwells on the unsurpassed eloquence of the Father Vieyra, in the early settlement of Brazil, while he denounced Slavery. No modern Abolitionist has ever used stronger language. Born at Lisbon, in 1608, and dying at Bahia, in 1697, he was called by his countrymen "the last of the mediæval preachers," and is the most celebrated of Portuguese divines. Thus he spoke: "Oh, what a market a negro for a soul, and the soul the blacker of the two! This negro shall be your slave for the few days that you may have to live, and your soul shall be my slave through all eternity, as long as God is God!'-this is the bargain which the Devil makes with you." Then again the fierce orator said: "My brethren, if there be any who doubt upon this matter, here are the laws, here are the lawyers; let the question be asked. Go to Turkey, go to Hell for there can neither be Turk so beturked in Turkey, nor Devil so bedevilled in Hell, as to affirm that a free man may be a slave. . . . . We ought to support ourselves with our own hands; for better is it to be supported by the sweat of one's own brow than by another's blood. O ye riches of Maranham! What if these mantles and cloaks were to be wrung? They would drop blood!" Surely here is testimony worthy of memory; but our Chief Justice knew it



Nor has he regarded official acts by which Portugal at an early day set herself against Slavery. The years

1 Southey, History of Brazil (London, 1810-19), Vol. II. ch. 26, pp. 476,


1570, 1587, 1595, 1661, and 1680 were marked by Portuguese to secure the liberty of native Indians. At a later day, but anterior to our Constitution, the African began to feel the same recognition. On the 19th September, 1761, it was enacted, that "all black slaves who should henceforward come to the ports of the kingdom of Portugal and Algarve from Africa or America should be free"; and this was followed by royal order of the 2d January, 1767, extending "this beneficent measure to mulattoes of both sexes who were not mentioned in preceding laws." Then came the law of 16th January, 1773, which determined that the children of male and female slaves, who might be born in the kingdom of Portugal after the above date, should be free, and capable of holding office, honors, and dignities, without the stigma of freedmen, which the superstition of the Romans established in their customs, and which Christian union and civil society now render intolerable in the kingdom." These important facts I have from the Portuguese Legation at Washington. Note, if you please, the dates; yet the Chief Justice knew nothing of this important and honorable testimony.

The evidence may well be closed with Italy and the Catholic Church. Surely Bancroft's History of the United States should have taught the Chief Justice at least to hesitate. In his learned chapter on Slavery the historian records, that, "by the Venetian law, no slave might enter a Venetian ship, and to tread the deck of an argosy of Venice became the privilege and the evidence of freedom." Then, again, the Chief Justice might have learned from him, that

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