The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-06-22
[csPYRIeHT SECURED By THE Ai'THoR.l
For the National Era.
THE LEGAL TENURE OF SLAVERY.
LET-aE XIV

ILLEGALITY OF SLAVERY FROM 1916 TO
1889, UNDER THE DECLARATION AND
THE ARTICLES OF CONFEDERATION.
To the Friends of american Liberty:
The question is still before us, When, where,
how, and by whom was American Slavery le-
Called? In pursuit of legalized Slavery, we
seem to be chasing rainbow, that reoedes as
we try to approach tan ignis fdtuuS, beck
oning US through swamps and quagmires, but
never leading Us to firm and substantial
ground.
At the close of my last letter, | said that the
Declaration Of Independence must DC repealed
or cease to be the basis OF our State and Ma
tional Governments before American Slavery
can be legalized Does any one deem this a
mere flourish Of rhetoric, as tho Declaration
itself has been said TO be Let him pause and
reflect. In sober verify is it not demonstrably
true? Let us see.
A Government must have foundation-a
fundamental principle, q primary IDEAS q
basis of it's authority, to which it can appeal
when it requires homage. No Government i
without such an idea; and it IS certain that q
Government cannot sustain itself, nor claim
validity for its lave when its legislation and
jurisprudence conflict with the very foundation
upon which it stands. Ii cannot leeislate away
ton that denies its own organic structure and
existencel
Apply this to our State aud National Gov
ernments. By their Declaration of lndepend-
epce, they have declared their foundation to be
the inalienable right Of man to liberty. On
this ground they claim the right to exist and to
legislate But when they attempt to legislate
against the inalenable right of man to liberty,
they deny their own foundation, their own or
ganic structure and existence, aud consequent
" the vitality and authority Of their own legis-
latiye acts An enactment Of Slavery by such
Government must be invalid, from the very
nature Of the case. IF you say it is valid, you
say it overturns the Government; and what
becomes Of the validity of its acts, then! Slave
law, if it be valid, Oyerturns the theory of in
alienable human rights. But when this theory
is overturned, our National and State Govern
mcnts, Which are founded upon ii, are overturn-
ed. Admitting the possibility Ct legaliz'n G
Slavery, (which have at present admitted, for
the arguments sake it is not possible for a
Government to legslize Slavery, so long as il
claims to be based upon mans unalienable
right to liberty; in other words, SO long as it
denies ats OWn right to legalze Slavery, which
amounts to the same thing. Our American
Governments originated and founded as they
are upon mans inalienable right to exemption
from Slavery, cannot call upon its own courts
and Executive tfhoers to enforce laws that en-
SlaUe men and, consequently, they cannot en-
act any slave laws that shall DE valid. They
are eStopped by their own organic act and
structure from doing or attempting any such
thing. Any such act must be unconstitutional
in the highest and strongest possible use OF
that term.
Without denying therefore, for the present
the possibility of legalizing Slavery in way
| repeat the affirmation that it cannot be done
by Government that soiemnly disclsims sG
own right of doing it it cannot be done by
our American Governments, either State or
National, founded as they are upon that dis
claimer, until they dissnnul and repudiste the
disclaimer, and absolve themselves from the
obligations and restrictions it imposes upon
them. And this cannot be done until the Dec
laration OF Independence is repealed or repu-
dated by tho Nation and by the States, in some
solemn public act, as imposing as that by
which tho Declaration was adopted. To say
otherwise, would be to make the State and
National Governments absolute despotic with
out the leas. restriction or limitation Of their
power; for no Constitutions or Bills of Rights
subsequently imposed, could be binding upon
them, If their own solemn and organic Decla-
ration be not binding.
If our fathers intended to establish or to
should have done one thing, which they did
not dO-and they should have omitted one thing
that they did Into their Declaration of indie
pendence they should have Incorporated an ex-
press legalization OF Slavery defining very
clearly and Enthusiastically Dho were slaves
and they should have refraned from incorpo-
rating into it any declaration of man's ina
lenabe right to Liberty-to exemption from
Slavery Had they issued such Declaration
| will admit flor the arguments sake the pos
oibility Of their legalizing Slavery. As it Is
there is no such possibility, short Of another
Revolution, quite as radical as the first, and in
the opposite direction. 1t may have been
lamentable oversight in our fathers, that they
neither legalized Slavery, nor provided for its
possible Equalization. But the fact " as it IS"
and cannot be helped now, short Of the pro-
cess | have described. Oar brethren Of the
| South might as well understand this, fist as
last. The late Mr.. Calhoun appears to have
understood it, and 50 do some of bis associates
and disciples. They sneer sc the Declaration,
and they would set up another Government if
4 they could.
But repeal or reputation Of the DeGlara-
ton of 1776 would be an awkward experiment
| for the South. IL the reasons for q separation
from the mother country be recalled, it might
be difficult to show why the separation should
continue. Would repeal of the Declaration
HOf independence throw them back again into
a state Of colonial dependence upon Great
! Britain Here is q grave legal question. The
| guardians Of lcgalized American Slatery would
not relish the jurisdiction Of The country frcm
which the Declaration Released them
! Ii it be questioned whether the Declaration
! of independence stall remains The fundamental
| organic law Of Our State and National Gov
ernments,* we shall be compelled to raise
another Inquiry, When, whore, how, and by
whom, was the Declaration of Independence
repealed disannulled, or repudiated, as
| foundation of our State and National Govern
ments 20
Any person who can answer this question,
will probably be able to answer the other in
! quiry and tell us when, where, how, and by
whom American Slavery has been lcgalized.
With a view to both these inquiries, VIC will
pursuo the political history of our country,
| combining our attention, for the present, to the
period extending from the Declaration in 1875,
| to the adoption Of the Federal Constitution, in
| 1899.
Was there any Reputation or repeal of the
Declaration within that period! Did it, with
in that period, cease to be the fundamental
organic law Of our State ana National Gov
ernmentsl Was anything attempted or done,
during that period, for legaizing American Sla-
veryl
The only events Of that period, that would
| be likely 70 have a bearing on these topics are
the forming of the Articles of Confederation
between the States, and the adoption Of State
| Constitutions by the several States
The Articles of Confederation were formed
| in 1878 Until then. the Declaration of indie
pendence was the only Constitution of the Uni
ted States Whether the Articles of Confed-
a. H. 10 DO ,