Validity of Slave Marriages Opinion

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Validity of Slave Marriages Opinion
James B Bradwell
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They cannot be tortured, they cannot be put to death at the caprice of the master, with impunity.
But in most other respects they are considered as property. By the civil law, slaves cannot take property by descent or pur- chase : and I apprehend this to be the law in this country.
Many cases of beneficent provision for slaves are allowed to take effect sub sUcntio by the huraaaity of those interested. But when the law is appealed to, it must take its course. '^ Cpon this point, authorities mig
...ht be cited to any extent. Thus, we see that the courts of the slave States have always claimed that the common law was not applicable to the institu- tion of negro slaver}", as it was an institution unknown to the com- mon law — but that w^henever the Statute was silent in regard to any matter connected with slaver}-, recourse was had by the courts to the civil law; and this law" has furnished the ground work for most of the decisions in fovor of slavery, and sustaining the master's right to almost unlimited power over the life and person of his slave.

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