The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-06-21
d. c..
[ooPYRIGHT SECURED BY THE AUTHoR.l
For the National Era
THE LEGAL TENURE OF SLAVERY.
LETTER XXXu.

LABOR"
To the Friends Of american Liberty:
In the preceding letters, it has been shown
that each of the declared objects of the Constitu
ton, sir in number, demands for its attainment.
H7ader the Constitution, and by its administra.
ton, Federal abolition of Slavery. FioM of
the direct provisions of the Constitution have
been found expressly adapted to the ACCOMPLISH.
ment Of that end. Three of these are general
prohibitions of Slavery, whether under the Ma.
tional or State Governments, including lin the
habeas corpus) a provision for the liberation
Of all slaves. Four of them are prohibitions.
directed expressly 10 the States. And one of
them is guaranty to liberty in the~States. bv
the National Government itself
These are the constitutional claims of Liberty
against Slavery. These are all unambipuous
and plain, expressed with irresistible clear.
ness" They harmonic with the declared Oh.
Jects of the Constitution in the preamble-with
the fundamental principles of the Revolution
as set forth in the Declaration of Independ-
ence-wlth the definition of Republican Gov
ernment-with the time-honored maxims Of
common law-with the law of nature as under
stood by the wise men of all nations and ages
with the law OF God, as revealed in the Bible
with the dictates of conscience and the dednc-
tons of right reason-with the mission of civil
Government and the nature of civil law. They
likewise harmonic with the general scope,
structure, and spirit of the Constitution itself
with the temper and aims of the statesmen who
drafted 1t, and Of the generation Of men who
adopted it. They are such as are demanded
by the wants of human nature, by the necessi-
ties of society, by the interests of the nation by
the onward progress of the species.
IL there be anything in the Constitution IL,
.faroT of Slavery, it is in opposition to all these
and must be disposed of, in the light Of that
consideration. If found in the Constitution at
all, II will be found there as discrepancy. an
anomaly, disturbing force, an element of de-
feat and distraction. We are to inquire. now.
aehether IL be found in the instrument.
In tins inquiry we must be guided By Just
rules of Interpretation.
The intention of the instrument must pre-
vail. This intention must be collected from
The 'cords Supreme Court Of the United
States, IL Wheaton, 1872.
"Wbere rights are infringed. where funda-
mental principles are overthrow, where the
general system of laws is departed from, the
legislative intention must be expressed with
iTresisttote ctearness, 10 induce court of JUS
hos to suppose design TO effect such objects"
United States Supreme Cont
Another well-estabished rule is. 10 construe
the minor and doubtful details of an instrn.
ment, in the light of its main scope and declar
ed or ascertained character and objects The
smaller or the doubtful, must never coutrol the
greater or the indisputable, but, rice uersa
Ii is a maxim in law, that the construction
of a law shall not work an injury Coke, Int
hetOn.
IF the words of statute be obscure, they
shall be expounded most strongly for the pub
lie good. "-PlOsoden.
The rehearsal or preamble Of the statute is
good mean to find out the meaning of the
statute, and, as It were, KEY to the opening
the understanding thereof. Coke, Lyttlcton
"The intention Of the Legislature is to be de-
duced from the title, and the whole and every
part of the statute taken and compared to-
gether. "-kent, rot l, Lecture 20; Rules for
Interpretation cf Statutes.
/ might quote much more, of similar import,
but will only add the well-known common law
rule, that where the question is doubtful the
decision must be in favor of Liberty"
Yet, las in the previous discussions. J the pro.
slavery advocates shall have their choice be.
tween the letter and the spirit of the Constitu-
tion-between strict construction " and the
meaning and intent, in any reasonable way in
which it can be asceriained
The claims OF Liberty against Slavery as we
have seen, are found 10 .be sustained by all the
SIX specifications Of the preamble also by eight
OF the direct provisions of the Constitution
making fourteen in dU-each one of which. by
itself, is sufficient 10 warrant and most of them
TO requre) a Federal abolition of Slavery.
And now we come to inquire after the consti.
tutional pretensions of the Slavery party And
what do we find? After all their buster about
"recognitions, compromises and guarantees"
we are unable TO enumerate more than three
specifications ever adduced by them! One Of
these expired in 1903, by its own limitation
Another of them, by their orn Interpretation Of
al, touches nothing but the apportionment Of
representation while Slavery continues, and
lnterposes no barrier against the Federal abo-
htion of Slavery, demanded by the fourteen
specifications just mentioned. The remaining
one, by their own Interpretation of il, avails
them nothing, except for the rendition of fugi-
tves from Slavery while the practice of slave
holding continues, but saws nothing agsi.s. IT'S
termination by the Federal Cove. nment, under
the provisions have alreaSsy brought forward
So Tar as my arguments hitherto, and the con-
clusions reache2. 10y them, are concerned. |
might atfn: ITO let the Slavery party have their
own construction of the clauses adduced by
them, IN their own way. Nv arguments and
conclusions would not be affected at all by the
concession.
They insist that compromise" was made,
without which the South would not have come
into the Union. | deny it, and challenge the
proof. But, for the present moment and for
the arguments sake will suppose it to have
been so, and ask for the bottom line of it,
You say, gentlemen of the South, there was
compromise" Be it so. A compromise -
supposes something relnquished on both sides
You say the North relinquished something in
this compromise. Very well; what did the
North relinquish? You say it relnquished the
right of the Federal Government to touch the
slave trade, and by implication) the institution
of Slavery, until the year 1903. BE it so, if YOU
please. The North has kept this part of the
Compromise has it not? You say, further
that the North reinquished the right of al
equal representation of inhabitants, giving the
South an advantage. Be it so, if you please
The North has kept his part of the 'compro
MISE" has it not? You say, finally the North
relinquished the right of protecting fugitive
slaves. Be it so, if you please. The North
for the most part, has fulfilled this part of the
+" compromise" has it not? There have been
exceptions, you will saw. That is true There
are commonly exceptions to general rules. You
have not ceased insisting that this part of the
compromise" shall be observed, even after
your own missouri Compromise has been
repadiated by You.
Aud now, gentlemen of the South. what do
You suppose the S1arsry party relinquished in
this COMPROMISED" Look at the Constitution
and see. What was IT, what could it have
been, but the specifications / have adduced
against Slavery, and in favor of Freedom?
Undoubtedly, if there were any "compro-
misses " in the Constitution. on the Slavery ques
ton, they lay in the direction above indicated
The action Of the Federal Government against
Slavery was to be deferred for twenty wears. ION
the theory of compromise,) giving the States