The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-11-24
lcopYRlaHr SECURED BY rHK AUTHOR /
COPYRIGHT SECURED BY THR AUTHOR
For the National Era
THE LEGAL TENURE OF SLAVERY
LETTER /.

10 the Friends of dmericdn Liberty
Permit me to ask your attention to some sug
gestions, in a series of familiar letters, upon
the Legal Tenure Of American Slavery, its re.
latiOn to the Federal Constitution, and the re-
sponsibllities of the American Government and
people in respect to its continued existence
The discussion of these topics seems to be forced
upon us by the exgencies of the times. The
Slave Power has welded our National Govern.
ment, for more than half q century, for its own
emolument, and is now attempting by its Flu
gitive Slave Bill, to perpetuate the tbradom of
the enslaved, by subverting the Liberties of the
free Its authority to do 70, is vindicated on
the ground of legal right and of constitutional
obligation. The National Judiciary sanctions
the claim. The Federal Administration en-
forces it, and the National Conventions of the
two great rival parties vie with each other in
doing it homage. Even ministers of religion
have not SCRUBBED to bring the authority Of the
bic, and the sanctions of a future retribution,
to oyerawe the people, and compel their revcr-
ent obedience to what is denominated the Slave
LAWS, AZ an ordinance of God, through the
divnely authorized action of the powers that
be-
The assumed fact of legalized Slavery in
America, lies at the bottom Of all this, and
gives to it oil its plausibility and force. Dolly
let it come to be conceded and understood, on
all hands, that there is no egalized Slavery in
America that there is none in the Carolinas,
any more than there il in New York and Mas
sachusetts, and the whole fabric falls to the
ground The Federal Courts, the National
Administration, the political parties, the "plat-
forms" and the pulpits, will then very readily
adjust themselves to the new conception Of the
facts But 80 long as it is believed that Sla-
very has the sanction Of vdiid iap, that the
Consultation requires its support, and that re-
ligion enjoins obedience 10 such law, 10 long
the reign of despotsm must continue, and its
atrocities must increase-for despotisms never
cure themselves nor admit Of any cure while
the people hold them sacred and inviolable.
NY first affirmation, then, is, that Americaa
Slavery is not legal; that al is destitute of The
sanctions Of pdhd lav.
| wish this proposition 10 be distinctly I'M
derstood-not confounded with anything else,
nor substituted for something that is essential
ly different from it. IL any one should under
take to confutc me, would fain save him the
trouble Of contending with sentiments that do
not Advance. And before any one charges me
with dealing in mere trusms and logomachy,
| would have him understand and consider
what he afiirms.
When ! say that American Slavery is not
legal, do not deny that there are Legislative
enactments and judicial decisions designed and
adapted 10 protect it. ! only deny that such
enactmeDts and decisions possess any binding
or legal force. We all know that there may
be legislative enactments which, from rous
defects, are devoid Of any binding force and
therefore the courts set them aside. The ju-
risprudence Of England and Of America famil.
iarixe us with instances OF the kind. Were il
otherwise, the Legislature would be omnipo-
tent, and the people would have no security
for their rights. Constitutions and Bills Of
Rights were constructed to guard against the
involability Of legislation. They take for grant
ed that there may be provisions on the statute
book, which have no legal and binding force,
and they indicate the necessity and the process
OF setting them aside And Judicial decirions
as well ~ legislative enactments may fail Of
possessing the attributes Of law. They may be,
and sometimes are, in direct violation Of law.
As such, they are not unfrequenty set aside.