The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-07-12
looPYRIeHT SECURED BY THE AUTHcs.l
For the Nauonal Era. =.
THE LEGAL TENURE OF SLAVERY.
LETTER XXXIII.
LETTER XxXIII.

APPORT1ONMENT OF REPRESENTATIVE 8 AND
DIRECT TAXES-Concluded.
To the Friends Of American Liberty:
There is another consideration that forbids
the application of this clause of the Constitution
to slaves "All other persons" cannot mean
sLaues, because Slavery denies the personality
of its victims, and deems them mere ''goods and
chattels." This single term "persons" is, of
ITSELF sufficient to upset all the pro-slavery con-
structiOns OF all the clauses ever cited in favor
of Slavery. "No persons held to service and
labor" &C., all other PERSONS" "the migra-
ton and importation of such persons" Sc
each of the three clauses cited BY shareholders
as applying to slaves, speak NOT of slaves"
but of persons" And according to the Slave
Code of the South, SO far as that may be deem
ed Of any authority, I've cite it merely as a wit
ness,) person cannot possibly be a slape We
have adverted to this before, but will now fur
nish the proof, once for ALL
"Slaves shall be deemed, sold, taken, reputed
and adjudged in law to be chattels personal. in
the hands Of their owners and possessors. and
their executors, administrators, and assigns, TO
ALL lSTENTs, CONsT. UCTlONs, AND PURPOSES
WHATSOEVER."-2 Brepards DIGEST. 229:
Princes Digest, 446, de- vide American Stare
Code, PIP. %. dc.
In Louisiana, "s slaves shall always be con-
| sdered REAL EsTATE; shall, as such, be subject
to be mortgaged according to the rules prescrib-
ed by law, and they shall be seized and sold as
REAL EsrArE."-Statute of June Z, 1906, /
Martins Digest, 6l2.
"The cardinal principle of Slavery-that the
slave is NOT to be ranked among sentient beings
but among things, as an article Of property, a
| chattel personal-obtains as undoubted law in
all the slaveholding States" -.Strouds Stare
Laos, p. "a.
1t avails nothing to plead that the Slave Code
Furnishes slaves as if they we're persons, and
sometimes makes a vain show or pretence of pro-
tecf,ng them, as if they were. This only proves
that the trainers of such statutes kaosc the chat
telllzing of human beings to be illegal; and that
| they cannot help recognising its ilegality
whether they will or no. IF such enactments
tor Furnishing or for protecting slaves las if they
| were persons) may be cited to prove that the
word persons" in the Constitution may legally
mean slaves, then the same enactments may
be cited to prove that those held as slaves are
NOT legally held as such, but are persons. A
chattel or piece of real estate cannot be per-
| son Neither can q person be chattel, or real
| estate 1t involves contradiction in terms
Besides, the Slave Code disclams lthe plea,
and the distinction upon which it is founded by
declaring the slaves to be "chatrels personal, to
ALI lntents, constructions, and purposes,
| WHATSOEVER" which includes the apur.
| poses of the fugitive clause. the Taxation and
representation" clause, the migration and i'm
Portation clause. Whenever and wherever the
STAKEHOLDER would urge his claim, he must claim
ssdoe in contradistnction from person. And
hence 1t is, that the claimants of fugitive slaves
| uniformly claim them AS slaves. not 90 per.
sons held to service and labor" They Care not
| ciaim them as persons" because that would
1 hair
another proof, BY the bye, that the cltase con-
corning "Persons held to service ant labor /"
does not apply to slaves. The sla. sbolders
themselves dare not claim them uI; Ter that
clause, and in accordance with its specT cations,
as tested by court and jury. Senate Mason
dared not
The "apporaonment" clause, properly con.