The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-07-06

4 o Inc fTlezidS OF dH1sTlcdh LtOeTIy
have shown that Slavery cannot be legal
lied in any Of the States that are founded upon
the Declaration Of Independence, unless or IN
til they have formally repealed and repudiated
that Declaration, which none Of them have
yet done.
shall now show that, in addition to ell this.
the State Constitutions Of the several States
including the present slave States or many OF
them, are incompatible with Slavery, insornuch
that they would have abolished any previously
established legal Slavery, if it had existed
among them.
will begin with Massachusetts,, where a
Judicial decision has determined that the State
Constitution prohibits Slavery, and then CON-
pare with the Constitution Of Massachusetts
those of some Of the slave States.
In Massachusetts, it was iudicially decided,
soon after the Revolution, that Slavery was
virtually abolished be- the Constitution, and
that the Issue of female slave, though born
prior to the Constitution, was born freeD -
Ksnfs Commentary p. 252.
In giving the opinion Of the Court in the
case Of the Commonwealth Us. Thomas Aves,
in 1893, Chief Justice Shaw sAid:
How, or by what act particularly, Slavery
was abolished in Massachusetts,, whether by
the adoption Of the opinion in Somersetps case
rs declaration or modification of the Com
mon Law, or by the Declaration Of lndepend-
enee, or By the Constitution Of 1880, is not
row very easy TO determine; and il is rather e
matter of curiosity than utility it being agreed
on al hands that, IF not abolished before it was
by the Declaration Of Rights" =
Without pursuing this inquiry further, it is
sufficient for the purposes of the case before UP,
that BY the Constitution adopted an 1880, Sla-
very was abolished in Massachusetts, On the
ground that it is contrary to natural right and
the plain principles of justice. The terms Of
the first article Of the Declaration Of Rights
ere plain and explicit. 'An men are born free
and equal, and have certain natural, essential
and unalienable rights, which are the right of
enjoying and defending their lives and liberties,
that of acquiring and possessing and protect
ing property; 1t would be difficult to select
words more precisely adapted to the abolition
oi Slavery."-PickeTtDg's Reports, PIP. 20S-lO.
Ii will be observed here, taat while Judge
Shaw agrees with Chancellor Kent, that the
Constitution of Massachusetts abolished Slavery
In that State, If not abolished before" (ds-
claring that this is agreed on al hands, he
ADDS, that either one IF three other things
which he mentions viz: 1st the decision OF
Lord Mansfield In Sonersetts case; ID, the
authority Of common laws; OF, Sd, the Decla-
ration of independence, would have been suih-
Gent for the same purpose. 1htS SuStGtnS Jul
~ The course Of argument hare already pur
sued. And it will be noticed, further, that
each Of these three grounds Of deciding the
illegslity of Slavery either of which, by itself,
would be amply sufficiently are as valid in oil
Of the States as they are in Massachusetts,.
All the States were equally affected by the
decision of SOmersett's case, equally under the
authority of common law, and equally under
the operation Of the Declaration of Independ-
ence. IL either one or all Of these rendered
Slavery Illegal in Massachusetts,, they rendered
it Illegal in Virginia in the Carolinas and in
Georgia.
Let us next see whether the same Observa-
ton may not be extended TO the fourth ground
Of abolition, mentioned By Judge Shaw, and
agreed on all hands" VIZ: the State COnsti-
tutOns. How did those of the slave States COM
pare with that Of Massachusetts,!
DELAWARE" HI men have, by nature, the
rights Of wOrshipping and serving their Crea-
tor according to the dictates Of their con-
sciences, OF enjoying and defending life and
Liberty, Of acquiring and protecting reputation
and property" The PEOPLE shall be secure
in their PERSONS, houses, papers, and posses
sions from all unreasonable searches and sEIZ-
UREs." "No attainder shall work corruption
Of blood, nor, except during the life of the Of
fender, forfeiture of EsTATE"#
MARYLAND" All government, ofright, ori-
CLIMATES from THE PEOPLE is founded in com
pact only, and instituted solely for the good of
THE wHoLED "The INHABITANTS Of Mary
land are entitled TO the COMMON LAW OF ENG
IAND.o
Entitled, consequently to protection from
Slavery.
The right, in the PEOPLE, to participate in
the Legislature, is TIE bo5. security of liberty,
and the foundation Of all fee government"
EVERY Mas has right to petition the Lcgis-
lature," sc.
That moaoY0iirs gre Odious, contrary to the
spirit Of free Government, and ought not TO be
suffered"
This Constitution was framed in August,
I776, and reenacts the Declaration of hide.
pendence, proclaimed few weeks previous
North CAROLINA Declaration of Rights"
That all political power is yeSted in and de-
TIUed from the PEOPLE ONLY" That no man
or set Of men are entitled to exclusive or sepa-
rate emoiuments OF priglisgeS from the commu-
nifty, but in consideration of public services"
That freedom OF the press is one of the great
baiwarks Ct Liberty and therefore ought never
e be restrained" +" That ALL MEN have q
natural and unalienable right to woYship
almighty God according to the dictates Of
their own conscieGces.1 That frequent re-
eurrence to Fundamental principles is absolute
~ necessary 20 preserve THE BLESSINGS OF
LIBERTY" That ptrpstui;ies and moncp7fies
are contrary to the genius Ct s FREE STATE,
and OUGHT NOT 20 BE ALLOWED"
Plainly Implying that North Carolina is to
lie regarded a q free Staten The Constitution
contains no establishment or RECOGNITION of
Slavery, and conferS no authority On the Iccis-
lature TO establish il. On the contrary. it ey-
picitiy declares Art. Az THAT the Declare.
iion CT Rights is hereby declared to b, . mart
VI the Constitution Of this State. and ought
never to be violated, On any pretencs 1ckGteuer.n
How, then, can there be any legal validity in
those remarkably rigid statutes Of North Car
DINA, by which not only monopolies {" and
ferpetuisies are guarded, but rights Of con-
science violated, slaves forbidden 70 read the
Bible and ell colored men, bond or free, for
hidden 70 preach the Gospel?
VIRGINIA" Ill men are By nature equally
free and Independent and have certain inhe-
rent rights "--a namely, tie enioyment of life
and liberty, with the means of acquiring and
possessing property and pursuing and obtain
ing happiness and SGfets"
SO much for the Constitutions of four of the
original States, still retaining Slavery In three
OF them, the terms employed are quite as full
and emphatic against Slavery as in the Const;-
tuition OF Massachusetts. In the other. thew
are scarcely less 60. Let us now look at the
Constitution of one Of the newer slave States.
TENNESSEE. -" Declaration of Rjshtsn
" That all power is inherent IN THE PEG
PIE, and all FREE Governments are founded
ON their authority, and instituted for their
peace, safety, and happiness; for the advance.
ment of these ends they have, AT ALL TIMES,
an inaEenable and indefeasible right to alter,
REFORM, or ABOLISH, the Government they
live under, IN SUCH MANNER as they mag think