The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-11-01
IcoPYRIeHT SECURED BY THE AUTHOR.
THE LEGAL TENURE OF SLAVERY.
LETTER xxx
REHABILITATION AND CONCLUSION


To The Friends Of american Liberty:
We bring our protracted discussion 10 9
close. We have traversed wide field. LEI
rs look back, on the road we have travelled
and then open our eyes upon the termination
TO which ii has conducted u.s.
REVIEW
We began with statement of the lega
foundation of Slavery, as held by the courts
including those of the slave States-namely
that Slavery, having no foundation in nature
exists only by positive, local, municipal law
From that point, as from nsvigator's "head
land, we took our departure" on voyag,
OF discovery, searching after the beginnings o
that same "loca, positive, municipal law.
And nowhere have we been able to catch the
first glimpse of il, or even to come within
"hailing distance of voyager on these seas
who has seen it, or who has met with any one
who has seen it. or heard of its latitude or longi-
tude. The depths say, " 1t is not in me- The
breezes, from every coast, say, " 1t is not TO be
found here
To make sure work of il, by instituting a
regular, orderly, historical search, we went
back TO the beginning of the African slave
trade By John Hawkins, in Queen Elizabeth's
time, thence tracing it down to the day of its
formal prohibition, by the British Parliament,
in 1907 So far from finding it to have been
authorized by any local, positive, municipal
law We found it to have been prohibited by
that law, from the beginning-by the prohibi
ton OF that force, fraud and violence and
the bringing away of the inhabitants without
their own free consent" which have ALWAYS
characterized that Internal traffic, from the be-
ginning. The legal tenure of Slavery a,
derived from the slave traders, to these Colonies.
we found to be identical with pillage, plumber,
kidnapping, and piracy. This We found to be
the " inherited title 10 slayes
We next found that slaves were bought. held.
sold, and transmitted TO heirs, in the absolute
absence of any English or Colonial laws au-
thorizing the tenure or the practice We found
Slavery coming into these Colonies precisely
rs it is now going into Kansas, wistom any
local, positive, municipal law" We found
that when, IN process of time there came
statutes REGULATING the already existing Sla-
very, there came none CREATING the relation
and, consequently, we found no origin of any
legal tenure of Slavery, by "local, positive.
municipal law" even down to the present day :
and we found this fact attested by the promi
ncnt slsveholding jurists and statesmen of our
times.
We found, further, that the commencement,
OF Colonial Slavery was illegal, not only as
identified with the unlawful and piratcal slave
rade, anu IN Inc absence OF any " local, posi-
i've, municipal law TO sustain it, but also as
beng contrary to the British Constitution and
the English common law. We therefore fonnd
that if there had been as there never wasl any
English or Colonial statutes leraliziny Slavery
those enaetments would have been unconst;tu.
honal, null, and void. We found this confirm
cd by the decision of Lord Mansfield. in the
case OF the slave Somerset, in l772, declaring
Slavery illegal in England on account of its
contrariety TO the British Constitution and the
English common law. AS these were equally
binding in the Colonies the decision was equal
ly conclusive of the illegality of Slavery in this
country, while we remained Colonies
We next noticed, that if there had been any
legahzed Slavery IN the Colonies the Declare
tion of their Independence would have abolish
ed it, because it terminated that jurisdiction
under which alone-against all natural right
slaves had been held also, because the spiri,
and the letter of that declaration, affirming the
inaenable right Of all men to liberty. is de-
NAL OF the possibility of legal enslavement-s
declaration under which Slavery was iudicially
declared illegal in Massachusetts. as il shoul0
have been, on the same grounds, in the other
States.
We found that the State Constitutions. Soutb
ern and Northern, adopted from 1916 10 1888
were incompatible with the legality of Slavery
and that the Articles of Confederation are new
er Claimed as containing aught in its favor. Sc
mat the era OF formlug the Federal Constitution
was ascertained to have been an era i'm which
there was no legalized Slavery in these States
And nobody pretends that it has been made
legal since. Having historically shown the
mstter-of-fact ilegality of Slavery. on anv basis
OF positive, local, municipal law" 1.-THE yer,
basis assigned TO it by the Southern and the
Federal Courts We next demonstrated the i'm
possibility of legalizing Slavery, by any con
ceivable process, and exposed the absurdity o.
the contrary supposition. We noticed how al
forms and theories Of civil government pre-
cinae the idea of legalizing Slavery.
And, being Illegal, it could not have been
naoe constitutional No valid recognitions
compromises, or guarantees, could have been
made in favor of Slavery. for there was No 10
gained Slavery to be the subject of such recoo
milton, guaranty, or compromise. Besides this
there is no language in the Constitution tina,
would ever have been construed as applicable
to Slavery, had it not been taken for granted
contrary to the ascertained truth-that there !.
lsgalized Slavery in this country.
We have found Slavery to be unconstitution
al, because incompatible with the declared OBJ
lects of the Constitution, in its preamble. name
Iy, to form more perfect union, establish
justice, insure domestic tranquility, provide fo
the common defence, promote the general vel
fare, and secure the blessings of liberty for our
selves and our posterity"
We have found it unconstitutional. becaus,
hostile 10 the spirit and subversive of the gen
eral provisions of the Constitution, which ar,
allin favor of Liberty, and consequently aqains
Slavery.
We have seen that Slavery is unconstitution
al, because contrary to the Declaration of In
dependence, which I'm the words of the late
John Y. Spencer) was the cornerstone of on,
Confederecy, and is above all constitutions anC
all laws"
We have seen that the Constitution. by for
bidding the States to pass any bills of attain
der, or ex post facto laws, or laws impairinc
the obligations OF contracts, or grant anv titles
of nobility" has forbidden the States to main
tain Slavery.
We have seen that the Constitution p-ov;de.
for the Liberation of all slaves, BY providing tina,
the writ of habeas corpus shall not be sns
pended in time of peace that "the right Of
the people to be secure in their persons shall
not be violated and that "no person shall
be deprived of liberty without due process OF
law"
We have shown the constitutional right o.
Congress to abolish Slavery, by adverting to it.
right to carry out the declared objects of tn.
Constitution-its right to Establish justice
and secure the blessings of liberty its right
to declare war and make peace" -its right tc
establish a uniform rule Of naturalization -
and to "provide for the common defence and
general welfare of the United States"
We have seen how the Federal Government
is bound to abolish Slavery, because it is bound