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cumcision was committed to me, as the gospel of the circumcision was to Peter, (for he that wrought effectually in Peter to the apostleship of the circumcision, the same was mighty in me towards the Gentiles)-they gave the right hand of fellowship, that we should go to the Heathen, and they to the circumcision." These, with hundreds of other passages, prove that Jew is used not only nor chiefly in the sense of race, but of covenant people.

The only objection worth noticing that occurs to me against the above exposition of the law, arises from what is said, (Ezra ix. 2-10. x. 3. Neh. xiii. 25.) respecting strange wives; and what is said (Levit. xxv. 44.) respecting having bond servants of the heathen. Both admit of explanations perfectly satisfactory.

We need but examine the law forbidding to intermarry with the heathen, (Deut. vii. 3, 4.) to see that their idolatry and false religion were the cause. In the case of proselytes, that cause was removed, and no law prohibited intermarrying with them. The cases of Rahab, and Ruth, are in point. That Solomon's strange wives were not proselytes, but idolaters, is proved by the fact, that each of them followed the idolatry of their countries, and led Solomon astray with them, (1 Kings xi. 1-8.) That those put away under Ezra were not proselytes to the true religion, we may infer from the facts, that the law considered proselytes as born in the land, as naturalized; that those of other races, who separated themselves to the law of the Lord from the abominations of the heathen, entered into covenant, and were called brethren, (Neh. x. 28, 29.) that if the question had been as to race, it might most likely have been decided at once; whereas months were spent in deciding who should be put away, (Ezra x. 15-17.) The whole case shows, I think, that the question was not as to race, but as to separation from the pollutions of the heathen, to the law of the Lord.

The question put to the apostle Paul by the church at Corinth, which he answers 1 Cor. vii. 12-15. appears to have originated from this case-whether, under the gospel, a believer might or might not live with an unbeliever,

or must separate? The apostle states, that in the case of marriages before they embraced the gospel, they might live together. If they separated, they must remain unmarried. But in another place, (2 Cor. vi. 14.) most earnestly urges professors not to form those unequal connections.

The chief objection to our view is drawn from the supposed permission of Levit. xxv. 44. to hold heathen slaves. I am satisfied that this passage admits of an explanation, in accordance with the view above given-an explanation more satisfactory, I think, than can be given to the seeming permission of polygamy, divorce, &c.

It will not be pretended that this passage made it the duty of Israel to hold slaves. It will only be said, it permitted it. The question then naturally arises, did other parts of their law-did the events of Egypt-did the repeated charges not to oppress others, as the Egyptians oppressed them-did the limitations of slavery, approve of their doing, what this passage is plead as permitting-holding slaves for life? Most assuredly they were against it. All then that ought and could with fairness be inferred from this passage, was, that the buying and holding a heathen in slavery, under the restrictions of the limiting laws, was not made punishable by the judges.

But why, it may be said, was it not positively forbidden, if against the spirit of the law? And I would ask, why was not the selling of a brother positively forbidden? Why was not polygamy, divorce, the humbling of a captive, the changing their form of government, positively forbidden? Most of our readers will, we suppose, admit they were wrong?

While there is tenfold more in the law of Moses against slavery, than against either of the above practices, more satisfactory reasons can be given, why it was not totally forbidden, than is found in any of the above cases.

Israel were surrounded by idolatrous nations, who practised slavery, She held out to them an example of a free government, of personal liberty, and true religion. Those in the lower walks of life-those in affliction as slaves, are often more inclined to religion than those in prosperity.

Had Israel been totally prohibited from purchasing heathen slaves, that whole class of persons would have had little opportunity of learning any thing about the true religion. The law did not positively forbid it; especially, if done, not with a view to hold them in perpetual slavery, but to teach them the true religion-unite them to the church-treat them as brethren, and let them go out free, as soon as, at the rate of a hired servant, (Levit. xxv. 39-42.) they had repaid their purchase price or at most after six years. A law and a practice of this kind-in the love and kindness, and good will, and respect for the feelings and desires and interests, both temporal and spiritual, of others, so earnestly enjoined in their law, could not but make an impression on the nations about them, peculiarly favourable to them and the true religion. Well might the heathen say, "what nation hath statutes and judgments so righteous as all this law?" (Deut. iv. 8.) How desirous would the oppressed and enslaved be to be sold to the Israelite, that they might leave their religion, and become free! and be received as brethren!

Every year the Israelites might purchase many, and unite them to the church, and allow them, as soon as they had repaid their purchase price, to go out free. Much of their labour in the house and in the field might be thus performed-the heathen might be, in this way, an inheritance to their children while in fact, nothing that deserved the name of slavery was practised, while many were delivered from bondage, and brought to the knowledge of the true God, and incorporated with Israel.

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This limited servitude of their brethren was abused, and in the time of Jeremiah (xxxiv. 8-22.) it was wholly abolished by a national covenant. return to the practice after its abolition, was most severely punished by the destruction of Jerusalem, the slaughter of most of those that dealt so harshly with their brethren, and a captivity of the whole people for seventy years. After the return from the captivity, on an attempt to review this practice, the matter was again solemnly condemned by Neh. (v. 1-13): after which, I know not that the Jews

have ever held their brethren, the proselytes of righteousness, in bondage. And the Mosaic law, as I have shown, most clearly intended, that all their bought servants should be circumcised and keep the whole law-in other words, be proselytes of righteousness— and that none others should be retained in their families.

(To be continued.)

REMARKS ON THE NATIVE RACES OF AFRICA.

(Continued from page 240.)

Having surveyed the wandering tribes scattered through the great desert, who were perhaps once confined to the heights and valleys of Mount Atlas, we proceed to the countries which lie southward of the Zahara, and in the first place to Western Negroland, or Guinea.

In this part of Africa, though a few instances occur in which particular nations are extensively spread, we find, in general, that the whole country is divided between a great number of small and distinct tribes, who have no connection with each other that can be discovered by resemblance of languages, or by any other traces. On passing over a river, or a ridge of mountains, the traveller finds the race of men completely changed, as far as the race is to be distinguished by customs and peculiar language. There remains in some places, a tradition of great empires which have been dismembered, but they are so completely disintegrated, that the petty tribes within their pretended limits, have lost all vestiges of any connection with each other.

Nations bordering on the rivers Senegal and Gambia.-In the most northerly tract of Guinea, we meet with three nations of considerable extent and celebrity. I mean the Yoloffs, the Mandingoes, and the Foulahs, who, though they occupy contiguous countries, are distinguished from each other in form, complexion and manners, and appear to be entirely unconnected by language.

Yoloffs.-The country between Senegal and Gambia, from Cape Verd, as far as the boundaries of the Foulahs, is the abode of the nation of Yoloffs, or Joloffs, who were formerly united qn.

der the dominion of the Bourb Joloff, or Joloff Emperor, but are now divided into several states. The Yoloffs are described by travellers as a very fine race of people: they are tall, well made, of noble stature, their countenances are ingenuous and agreeable, but have, in some degree, the flat nose and thick lips, common to many negro nations, though many of them have regular features. Their hair is crisp and woolly; their colour is a fine, deep, clear black. They are cheerful and idolent. They have a peculiar language, which is said to be harmonious. This circumstance, that the Yoloffs at the northern extremity of Negroland, are of a deep black colour, has drawn the following remark from a traveller well acquainted with the nations of Africa.

"This race of negroes, the most handsome and the finest black of all those dependent upon the government of the Senegal, proves, that the deepest colour does not arise solely from the heat of the climate, nor the being more subjected to the vertical rays of the sun, but results from other causes. For the Joloffs are to the north of Nigritia, and the further you recede from them and approach towards the line, the black colour of the negroes becomes less strong and unmingled."

Mandingoes.-The Mandingoes are a numerous and widely extended race in Western Africa. Their original country does not appear to be exactly known; it is supposed by some, to be situated between the sources of the Gambia and the town of Kong, in a mountainous part of Africa. They now form many states on both sides of the Gambia; on the right bank, the kingdoms of Bana, Kolla, and Yani, are peopled by Mandingoes. In the interior, their language is spoken; Bambouk and Bambarra are Mandin

go states. In fact, the Mandingoes constitute the bulk of the population, in all those parts of Africa through which Mungo Park travelled. The

Mandingoes are docile, cunning, indefatigable their colour is black, with a mixture of yellow; their features are regular, and somewhat resemble those of the natives of India, being much smaller than the lineaments of other negroes, and their faces being longer. Both the Mandingoes and Yoloffs clothe

themselves in cotton shirts, and garments of their own manufacture.

Foulahs.-A third nation, which has long been the most powerful in northern Guinea, are the Foulahs. The principal body of this people occupies an extensive mountainous country around the sources of the Senegal; Gambia, and Rio Grande, which is termed Fouta-Jallo. The city of Tumboo is their capital, and contains about 9,000 people. Like ancient Rome, it is a military residence, and the centre from which the neighbouring countries have been subdued. The natives of this territory are industrious and intelligentthey cultivate the soil, have horses and cattle, and work in iron, silver and leather. Tumboo was visited in 1794 by two Englishmen, Messrs. Watt and Winterbottom; and in 1818, by M. Mollien, a Frenchman. Besides Fouta-Jallo, the Foulahs possess many other states in Africa-one of them is FoutaTorro, on the Senegal, to the eastward of the Yoloff country. Here they are known by the name of Poules—they possess Bondou, Massina, and many countries on the Niger, even as far as Bornou. Wandering tribes of the same people, are found to the northward in the great desert, under the name of Fellata, who have extended their incursions to the neighbourhood of Fezzan. These Fellata have been identified with the Foulahs of the Senegal, by the comparison of dialects. Mr. Park, who traversed a part of the country inhabited by the Foulahs, says, that their complexion is not black, but of a tawny colour, which is lighter and more yellow in some states than in others. He observes, they have small features, and soft silky hair, without either the thick lips or the crisp wool, which are common to the other tribes in the vicinity. They are agricultural and pastoral people, of gentle manners and dispositions-they rank themselves among white people, and look upon the neighbouring nations as their inferiors.

Dr. Winterbottom, to whom we are indebted for the most accurate and important information respecting the inhabitants of Western Guinea, observes, that the Foulahs are, for the most part, of a lighter complexion than their neighbours on the west. He adds,

"but though less black than some of their neighbours, the Foota complexion can only be regarded as intermediate between the darkest African and the Moor."

Monsieur Golberry, a lively and entertaining writer, and a man of correct observation, has given us the following description of the Foulahs: "The legitimate Foulahs are very fine men, robust and courageous-they have a strong mind, and are mysterious and prudent; they understand commerce, and travel as merchants; they are formidable to their neighbours. Their women are handsome and sprightly; the colour of their skin is a kind of reddish black, noir rouge; their features are regular, and their hair is longer, and less woolly, than that of the common negroes."

However, there are other tribes or families of Foulahs, of much lighter complexion than those above described. These are regarded by M. Mollien as a people of distinct race, though speaking the same language as those whom he terms black Poules, meaning the present inhabitants of Fouta-Jallo. The red Poules are thus described by Mollien: "The genuine, or original Poules, are of a red or coffee colour, they are of weaker person and constitution than the black Poules; their features are like those of Europeans, except that their lips are somewhat thicker; their hair is long, but a little woolly. The women are well made, and pretty when young. Individuals are not unfrequently seen among the red Poules, who are nearly as fair as Europeans; M. Mollien mentions one, whom he supposed to be an Albino, but on examination he was convinced of his mistake. These red Poules, according to Mollien, are not the majority of the nation, but form wandering tribes, who are met with for the most part in the outskirts of the Foulah country, or in the surrounding solitudes. The present Foulahs of Jallo, are descended, says Mollien, from the red Poules and the Jalonka. The Jalonka nation are the inhabitants of a mountainous district-thèse people themselves, are said, by Mollien, to be of a reddish colour. He conjectures, the Jalonka to be the aboriginal inhabitants of Fouta-Jallo, and supposes the Foulahs, as well as the blacker race

of Yoloffs, to have come originally from the north of Africa-they were mentioned, however, by Jobson, in the seventeenth century, in the countries where they now reside.

The Foulahs and the Jalonka afford us the first example of a kind of people, of which many other instances occur in various parts of Soudan, where, in the midst of black nations, tribes of red or copper coloured people are found, in insulated districts, and chiefly in the mountainous tracts. The country of the Foulahs is of great elevation; it contains the sources of many great rivers, as the Senegal, Gambia, Rio Grande, and, according to Mollien, the Niger.

Nations of inferior note.-Some other nations of inferior note, are mentioned by travellers in this region of Africa; among these are: 1. The Serawollies, or as the French call them, Seracolets, are an active and intelligent people; engaged in traffic; supposed to constitute a distinct nation. They inhabit the kingdom of Kajaaga or Galam, on the southern bank of the Senegal. Their language is peculiar to them; it has, however, never been accurately compared with the vocabularies of the neighbouring nations, and may perhaps bear some affinity to the Mandingo. Mr. Park says, their complexion is a jet black; they are not to be distinguished in this respect from the Yoloffs.

2. The Serreres are tribes of naked savages, who wander with their flocks about Cape Verd, and in the neighbourhood of the Yoloff countries. They are considered as a distinct people, and by some thought to be the most ancient inhabitants of these parts. A considerable resemblance has been observed in their vocabulary to that of the Yoloffs.-Prichard.

TRIAL BY JURY.

Few peculiarities in our common law have called forth higher eulogiums from English and American lawyers, than trial by jury. That in criminal prosecutions, the party accused should be secure of acquittal, unless his guilt is proved to the satisfaction of each in

dividual composing a tribunal, selected from an intelligent and unprejudiced community, is justly considered as one of the most important securities to liberty and life, which has been woven into the system of modern jurisprudence. "It is wisely ordered," says Judge Blackstone, "that the principles and axioms of law, which are general propositions, flowing from abstracted reason, and not accommodated to times or to men, should be deposited in the breasts of the judges, to be occasionally applied to such facts as come properly ascertained before them. For here partiality can have little scope; the law is well known, and is the same for all ranks and degrees;* it follows as a regular conclusion from the premises of fact pre-established. But in settling and adjusting a question of fact, when entrusted to any single magistrate, partiality and injustice have an ample field to range in. Here, therefore, a competent number of sensible and upright jurymen, chosen by lot from among those of the middle rank, will be found the best investigators of truth, and the surest guardians of public justice. For the most powerful individual in the state, will be cautious of committing any flagrant invasion of another's right, when he knows, that the fact of his oppression must be examined and decided by twelve indifferent men, not appointed till the hour of trial; and that when once the fact is ascertained, the law must of course redress it. This, therefore, preserves in the hands of the peo

*This unfortunately is not strictly true in this land of equal laws and free institutions. Numerous instances to the contrary, must be familiar to the readers of this journal.

ple, that share which they ought to have in the administration of public justice, and prevents the encroachment of the more powerful and wealthy citizens. Every new tribunal, erected for the decision of facts, without the intervention of a jury, (whether composed of justices of the peace, commissioners of the revenue, judges of the court of conscience, or any other standing magistrates,) is a step towards establishing aristocracy, the most oppressive of absolute governments."* "In a question of law," says Lord Coke, “the judges, not the jury, shall answer; but in regard to a question of fact, the jury, not the judges, shall decide."

So important was the preservation of this portion of the English law adjudged by the framers of the constitutions, both of the United States and the individual states, that few of them ventured to entrust its observances or neglect to the legislative or judicial authorities. From Maine to Louisiana, with but two or three exceptions, we find the right to a speedy and public trial by an impartial jury, secured by the constitution. This simple fact furnishes its highest encomium.

Let us now inquire, whether a large part of the community are not virtually deprived of the rights, which the principle, if not the letter, of these constitutional provisions, guarantees to them. By a law of the United States, already cited,t a fugitive slave, escaping from one state or territory into another, may be seized by the owner, his agent or attorney, and carried before a judge, or justice of the peace, by whom the question of right may be decided, and the fugitive consigned to

* Commentaries, Book III. Chap, 23. + See pages 173, 174,

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