...decision in the Somersett case, rendered four years before our Declaration of Independence, that " the state of slavery is of such a nature that it is...introduced on any reasons, moral or political, but only positive law. . . It is so odious that nothing can be suffered to support it but positive law." The...

...decision in the §ommersett case, rendered four years before our Declaration, of Independence, that, "the state of slavery is of such a nature that it is incapable of being introduced ou any reasons moral or political, but only positive law. It is so odious that nothing can be suffered...

...countries. The state of slavery is of such a nature that it is incapable of being introduced on any reason, moral or political, but only by positive law, which preserves its force 1 Smith v. Brown, 2 Sulk., 666. " Ibid. * Stanley v. Harvey, 2 Hagg., 116. 4 Loffl., I. long after...

...entitled to be set at liberty, inasmuch as the law of England did not recognise the state of slavery. Lord MANSFIELD says, " The state of slavery is of such...reasons, moral or political, but only by positive law." It is incumbent on the plaintiff in this case, therefore, to • shew, that at the time when he demanded...

...vol. i, 292. (b) The Missouri Compromise; Cooley, Constitutional Law (3d ed.), 234. (c) The Civil War. ""The state of slavery is of such a nature that it...reasons, moral or political, but only by positive law. * * * It is so odious that nothing can be suffered to support it but positive law. Whatever inconveniences,...

...fifteen years prior to the Constitution, Lord Mansfield, Chief Justice of the King's Bench, said that "the state of slavery is of such a nature that it...being introduced on any reasons moral or political, ... It is so odious that nothing can be suffered to support it, but positive law." And with that statement....

...been extremely different in different countries. The state of slavery is of such *a na- [666 turo, that it is incapable of being introduced on any reasons,...only by positive law, which preserves its force long; Anderson v. Poindexter et al. .after the reasons, occasions, and time itself from whence it was created,...

...The state of slavery," said Lord Mansfield, pronouncing judgment in the great case of Somerset, " is of such a nature, that it is incapable of being introduced...reasons, moral or political, but only by positive law. It is so odious that nothing can be suffered to support it but positive law," and every court of every...

...Judicial Positivism 17 order. However, it is clear that the words that reached American eyes included: the state of slavery is of such a nature, that it is incapable of being introduced on any reasons ... but only by positive law. . . . It is so odious, that nothing can be suffered to support it, but...

...extensive, the exercise of it therefore must always be regulated by the laws of the place where exercised. The state of slavery is of such a nature, that it is incapable of being now introduced by courts of justice upon mere reasoning, or inferences from any principles natural...