The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-11-08
(ooPYRIaHT SECURED BY THE AurHoR.l
For the National Era
THE LEGAL TENURE OF SLAVERY
LETTER xxx,
REHABILITATION AND CONCLUSION
[Concludedl
To the Friends of american Liberty:

To the Friends of american Liberty:
We have examined all the parts of the Con-
Stitution claimed in favor of Slavery, and have
exposed the sophistries by which they have
been pressed into that service. We have seen
how they all repose on the falsehood of a his
torically legalized Slavery in the States-how
the maxims of "strict construction" the rule
of the Supreme Court, and all authorized rules
of legal and constitutional exposition, applied
honestly, would at once brush them aside. We
have also noticed, that if they were all admitted
In their full force, and allowed to mean what
they are claimed to mean, they could interpose
no obstacle to q constitutional abolition of
Slavery by the Federal Government.
And, finally, we have looked into the preten-
sions of a historical construction of the Con.
stitution in favor of Slavery and seen the alb
surdity and the audacity of the pretension. So
far from any understandings at variance
with the preceding conclusions we have proved
that Virginia ratified the Constitution with a
full understanding in accordance with them.
namely, that the Constitution clothed Congress
with power to make all slaves Free" So far
from a historical compromise" in favor of
Slavery, to bring the slave States into "the
Union,' we have proved that they were already
in "the Union," under compact of an
opposite character.
CHANGED POSITION OF SLAVEHOLDERS.
1t will be perceived that our course of argu-
ment has demonstrated the ilegality land con.
sequent unconstitutionality) of Slavery. as
founded upon the only tenure that had ever
been relied upon by the Southern courts IN
to the time Of our commencing this discussion.
namely, that of "local, municipal. positive
law" And it will be farther noticed, that the
absence of such positive law has been amply
attested by the leading statesmen and some of
the eminent jurists of the South which would
seem to be conclusive of the whole matter.
But it is very remarkable fact that during
the same time (about two years. that these
letters of investigation have been in process of
deliberate preparation and publication in the
National Era, the leading statesmen of the
South its prominent editors, and, finally. the
great mass of the Southern shareholders. have
been in process of shifting their legal basis of
slave tenure, from that of "local, positive. mu
micipal law" where their own courts and the
Federal courts had always placed it, to that
of natural and common law, on the same foot
ing with the tenure of property in domestic
animals and inanimate objects 1t is true, that
before this time some few of their iurists and
statesmen had admitted the absence Of positive
laws creating Slavery-a circumstance which
had melted and corroborated our historical in
quiries. But these admissions seemed to have
been inadvertent and casual, without seeming
to have been accompanied with consciousness
of the magnitude of the concession. and with
out having suggested to the minds of those
who had made it the necessity of casting about
for some new basis for legalized slaveholding.
A marked change soon became manifest.
Whether the discussion of the subject among
abolitionists helped to precipitate the change,
or whether it was owing wholly to the new ex.
LICENCES and necessities of the slave power.
growing out OF Its more aggressive attitude and
policy, will not undertake to determine. But
the revolution, within about two years mast.
has been commenced and completed The
Southern claim of legaized Slavery has been
transferred, so far as its legal basis is con-
cerned, from local, municipal law, confined to
the local jurisdiction" to universal, natural.
independent, common lawl
Very manifestly, the public course, the
settled policy, the very-day-reiterated claim
of the shareholders, rests exclusively. now. ON
the new basis. 1t has been so for some time.
On no other basis can the new tactics concern.
ing Territories be justified. On no other plea
IS 1t attempted to justify it. Slavery was to be
pushed into the Territories without positive local
law, on the pretence of universal, natural. COM
mon law. And the legal basis of Slavery in
the Territories had to be adjusted accordingly.
On the same basis reposes the pending lawsuit
of Virginia Us. New York, to reverse Judge
Paine's decision liberating Mr.. Lemmon's
slaves. On the same basis rests the decision of
Judge Kane. The proposed Federal legaliza-
ton OF the African slave trade, and consequent
Federal protection of slaveholding in ali the
States, completes the programme, and follows
OF course! The Nebraska bill, overriding the
Missouri restriction, determined all the rest
Who would have believed prediction of all
this, two years ago? But here zoe arei
The unavoidable issue now is-a Federal
Government protecting Slavery in all the States,
or Federal Government prohibiting Slavery
IN all the States. If this be " consolidation
there is no help for it. Here we are The
slaveocrats have forced the alternative upon us.
Let them abide by it, as they indeed must.
If $4,000 shareholders can outrage and over
awe the country, with its twenty.four millions
of inhabitants, the victory will be theirs. If
not, they are to be defeated, and must Weld
the controversy.
The point reached by our discussion of @THE
LEGAL TENURE OF SLAVERY" including its re-
latlon to the Constitution and the Federal Gov
ernment, is precisely the point needed by the
necessities of the times If any other theory of
the constitution be admitted, it affords us no
adequate basis of political action against Sla-
very, now and hsncsforward.