Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-04-16
SALEM, OHIO, FRIDAY, APRIL 16, 1917.

ton Of the Constitution, obtained q liked and
well-known usage, in the law, in his sense
He says:
Up 10 the time of our revolution, the only
meaning which the words 'iree' and "tree-
men" had, in the English law, in the ckar-
terS granted Ia the colonies, and in the impor-
tant documents of a political character, when
used to designate one person as distinguish
ed from another. was to designate a person
enjoying some franchise or privilege, as dis
tinguished from aliens or persons not enjoy
5 ing a similar franchise. They were never
used 10 designate a free person us distin-
9 guisbed from a slave-for the very sufficient
reason that all these fundamental laws presu-
! med that there were no slaves.--(p. 4S.)
But throughout the English law, and
among all the variety of ways, in which The
word free" and ''freemen' are used, as h-
raj terms, they are neVer used as the %coIreia-
tires, or oPpOsites Of slaves or Sdrery-and for
the reason that they have in England no such
persons or institutions, known 10 their laws,
as slaves or Slavery.-(p. 46.)
The English law had for centuries used
the word free" as describing persons pos
sessing citizenship, or some other franchise
or peculiar privilege-as distinguished from
aliens. and persons not possessed of such
franchise or privilege. This law, and this
use Of the word ''free," as has already been
shown, och. g. had been adopted in this
country from its first settlement. The colo
NAL charters all (probably without an excep-
tom recognized it. The colonial legislation
generally, If not universally, recognized it.
The State Constitutions, in existence at the
time the Constitution Of the United States
was formed and adopted, used the word in
this sense, and no Oher.-(p. ~
The above Italics are Mr.. Spooner's.
We might allow this, and still remind Mr..
Spooner that all jurists and statesmen have
held the Constitution TO be a popular instTu-
ment,-intended for the people at large, and
hence that all words are 10 be taken in their
obvious and general sense, unless something
in the context requires n technical one and
such is this which he suggests.
But the statements above quoted are en-
tirely unfounded in fact. ''The words free
and ireemen" never used in English law 10
designate a free person as distinguished from
a slave" Open Jacobs Law Dictionary, a
book of good authority, and choose the edi-
ton of l772, which the makers of the Con-
s%titution might have used, and we read,
I" Freeman. Hber hOmo, is one distinguished
} from q sldue, that is born or made free."-
I This is the first clause of the definition. In
) his citation from Jacobs, Mr.. Spooner has
omitted it, and quoted only what follows (;
t see his 45th page.
> Unroll the parchment of Magma Charta I;
D its most famous clause begins, 4" NuAus hJer
; homO," (nO free man, which Coke tells us
5 @ Inst. 49, ''extends to villeins saving
,, against their lords, for they are free against
/, all men but their lords"
Villeins, Coke tells US, were serri, (slaves)
and he deduces their origin from Ham, as
r man do mi nrncant Slavory This ic tho
e system of Slavery which the Common Law
/. allowed and recognized, though Messrs.
Spooner and Goodell will have it that the
Common Law never allowed Slavery. The
words "free and freeman" in the sense of
I not a slave, occur frequently, both in Little
ton and Coke. We take a few instances =
"No tenure shall ever make a freeman viii
leine."-(Coke Lit. S. l72.)
'If a freeman take lands to hold by villein
service this maketh not the freeman a vii
lei%ne."--(lb S. l7l.)
r ''Ifa freeman hath divers issues (chil-
dren) and afterwards confesseth himself 10
be a villeine in a court Of record, yet these
# issues, which he hath before the confession
e are free; the issues after shall be v~llleins.'
lib. S. l76.)
Again; Blackstone tells US g. 1O4.) tina,
the old definition, by Britton. of a freehold
n estate in land, as distinguished from Other
t%enures, was, ''the possession Of the soil by
q fireman." Now as aliens cannot hold
land in England, this definition is nonsense
a if we interpret the word freeman in Mr.. Spoo
ner's sense, one not an alien. But interpre
ted as the writer and Blackstone meant it t
= signify, one not a villein or slave, it right
n. distinguishes this kind of estate from copy
" hold and base tenures.
rs We might adduce other instances BIT
is here are enough to test MIR. Spooner's asse
o. ton that these words are neUer used in III
st English law as opposed to slave and Slav
KS ry.
US Let us come to our own side Of the oceaI
at Every public document previous 10 the Re
he %olution, and every State Constitution in !
meTica at the time of the adoption Of the
of nited States Constitution, used these worr
to in his sense and no Ofher. says Mr.. SPoone
en- Let US see. The United States Constitute
he was adopted in 1887. In March, l776, Sout
en- Carolina adopted her first Constitution, an
lie, declared that the "claims of Parliamer
he would reduce them from the rank of freeme
Is, TO the most abject Slavery"
is In I776, Virginia adopted her Constitl
ton, declaring " that all men are by natul
o. equally free and Independent"
Constitution of Pennsylvania, l77G: "a
ny men are born equally free and independent.
n, Constitution of Massachusetts,, 1880: "a
men arc born free and equal" And tn
-. world is held to nave abolished Slavery
" the Commonwealth.
H. Constitution of New Hampshire. 1888
SO "All men are born equally free and indepel
Nv dent;" words which, Dr.. Belknap tells u
: freed all slaves born there cfrer that date.-
te Mass. Hist. Coll. 4, 20i.
ID The great Anti Slavery Statute Of Penn
IL sylvanip, in 1850, has this clause ''No ma
III or woman, except the negroes and mulatto'
in registered as aforesaid, shall be held as slave
mt or servants for life, but as .F,fe men and 4,
Uoiuen,'