The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-12-08
lcoPYBIGHT SECURED by THR AUTHOR
For the National Fra.
THE LEGAL TENURE OF SLAVERY.
LETTER III
LETTER III.

To the Friends of Ameriodn Liberty:
In my last letter | fortified sufficiently,
trust, the position, that slaveholding u legal
ised at aH Though did not admit that it ever
could be) can be legalized only by positive
law--local, municipal law in contra-distincton
from natural or common law-by which 1t Is
repudistcd and condemned.
This az was shown il the doctrine Of even
the Southern Courts a doctrine that they have
acted upon, in several slave States, when the
immediate effect and object of the decision was
the emancipation of particular slaves who had
been carried or sent by their masters beyond
the jurisdiction Of the local law that enslaved
them, into the domains of the universal, natural
or common law, that enfranchised them. As
suredly fellow citizens, you will not call me an
enthusiast, or an ultraist for holding posi-
~ ILL., this .,.,,,,..
ore introduced, by assuming this very mode
rate and modest position.
IN the first place we are warranted to throw
upon the slaveholder, or upon his advocate,
! 1.-THE asserter of legalzed Amer1can slavehold-
! ipg) the laboring oar" Of the argument 1t
| il for him to show if he can, how, when where
and by whom, American Slavery has ever been
lega!i2ed Until he can do this, he has no,
taken the first step towards proving that a
SMILE slave in America Is legally enslaved
The fair presumption il, that they are under
the dominion of the lar of Nature that per-
mits no enslavcment. Since Slavery Is the
creature of ocal municipal law, let that local
municipal law, creating the relation, be pro-
duced. Let us have the date and place OF ITS
enactment. the sections and clauses verbatim,
with the official signatures at the bottom.
| And let US be told where the original docu-
| ments are TO he seen and examined. ] do not
| FORGET that when a Southern slave sues for his
! free tom the burden Of the proof is most un
righteously thrown upon HIM, and not upon
! ms claimant. And hence it may DO supposed,
that. on the question now before ny, am
! bound TO prove the negative, and show that
! Slavery has not been legalized. But demur
to this that the Southern usage alluded to 10 a
part OF the slave system, the Legality Of which
! i, first to be established beiJre It can be a.
lowed to snnul natural justice by its usages.
| IL will ho in time for savebolding usage to lay
down rules Of law, when slavcholdlnH Itself
can establish it, claim TO legality. UNTIL then,
the common law rules must 10 followed. Here
are some of them
"The law favors Liberty Wood.
"The law fsyoreth n mans person, before
his possessions -NOyes.
whenever the question OF Liberty seems
doubtful, the decision must be in favor OF Lib
erty"--Ibd.
| Nothing can be more certain than that ndfu-
raj or common law prevails, until the local or
municipal law displaces il And IN order to
tbis that local or municipal law must DO pro-
duced in due form.
In the second place, that law must not only
be produced, but it must define distinctly uho
MAJ be held a. slaves and rho may not. Other
wise, the enactment establishing Slavery will
be a. good for enslavng everybody, as 1t can
| be for enslaving anybody and Ssmbo may
claim tho Hon Judge Rufhn for his slave, un-
der tho law, just rs well as the Hon. Judge
| Rufhn can claim him.
In the third place, it must be shown that
the law establishing Slavery was enacted by
some competent authority duly clothed with the
requisite legislative jurisdiction and that in
the enactment produced ii did not transcend
its legitimate powers, nor contrayene the Con
stitution or charter under which the Govern
ment was organized.
In the fourth place, it must b. shown that,
since the date Of the enactment Of Slavery, the
conditions and provisions Of the enactment
have been 70 fulfilled and complied with, that
the persons non held in Slavery and claimed
AZ slaves, can be proved to be within the scope
Of tho enactment, AZ being among the persons
who might be held no slaves.
Other points might be specified, but these
may suffice ! am willing to admit that when
| oil these points shall have been proved, a re-
spectacle beginning will have been made TO-
wards proving that there is legal Slavery in
the United States, aud that the persons now
held M slaves are legally held 30 that H. upon
the assumption (which have admitted on y
for the arguments sake) that slaveholding oar
be legalized ut oil.
But even after all this should have beer
proved, the entire object OF the proof would
be defeated, if it could be proved, on the othcl
hand, that, since tho date Of the act legalizinI
Slavery, q political revolution had taken place
Of such character ~ to overthrow such al
enactment, or that tho Colonies or States en-
acting Slavery had afterwards established I
new Government, ulon the basis Of Declare
ton of seli.evdent truths, incompatible will
the federation Of slayeholding.
You see, then, felow-cit zens, how the sim
pie position ADMITTED by the Southern Courts,
that Slavery is the creature Of local, positive
municipal law, and not of natural or common
law, throws upon the advocates OF legalize'
Slavery the burden OF proving il legality, b.
producing the specific ensctmsnts creating th
Anomalous and unnatural relation.