New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-05
a., d. ~. -. co0.t;,ut;ous of all the odgi-

,sodence were incompatible with slavery, Au H.
was The common law On these g,v' enactment ON
Hassachuscsts without any Legislative saii rs IA
- ,rh,ect decided that Slavery was uesM, Aau
Ssy"ry in All the other States stood prcci'ey Oh inc
same oess. ...o. unoa the old ARTICLES OF Con-
no on , S' ~ recognition Of Slavery. And no
re supposes that the Federal Consutuuou orginatea
= or raye 10 it any legal validity wh'cn u dia nor
vi ~ ore The absolute illegality Of Slavery, at
- s;,,e The Feiera Constitution was adopted, Is
sss m certain az any legal fact Of history can be,
80 No ona pretends that it has acquired any adj
dltional legality since that time Ih' laet we nave
deemed an important TO be affirmed IN the Constr
fui;on of our Abolition Society as foundation OF our
s;st;rctive measures. We have therefore affirmed
further that
ssIAyEHoLDISG Is UNCONSTITUTIONAL"
Tie violation of the Constitution. Ii cannot legally
ex;st under the Constitution which does not sanction
nor even tolssate its existence. e.
II Slavery he illegal it is unconstitutional OF course
Tit was illegal when the Constitution was adopted,
en the Constitution contain no legal re sognition
Of tho binding compromise with it. The Consnu-
ion could not have recognized legal what dd not
kcaly exist-could not have formed any valid COM
promise with il.
hy oppoeed 10 the declared objects Of the CoDstltu-
don namely TO form more perfect union establish
ssjustice insure domestic tranquility, provide for The
common defence pr9@His e ooe aoa ON" nnr
nosterity, These grand objects of the Constitution
can never be secured so long Slavery is permitted
~ exist in the nation
mAyERY IS FORBIDDEN BY THE CONSTITUTIONS.
The Constitution forbids Slavery by declaring that
ono person shall be deprived of liberty without due
process Of law" The phrase due process Of law"
means Indictment and trial by jury for some alleged
crime, and verdict and sentence in open Cour. For
shis definition we have the authority Of Lord Coke,
Judge Sory,ie and Justice Bronsos.H Ard by the
two latter this definition Ia expressly applied to tbs
CLAUSE Of the Constitution of the United States. No
one will pretend that any slave in the United States
hio nv
"cess of law could reduce any man to sdUery,
though it may deprive him of liberty by imprisonment
Car crime. This provision of tue Constitution is
"Imendmenf" which, like the codicil to q will,
rdes displacee and ebrogates whatever in the orgi-
ma iIsrumcnt might have been inconsistent with 1t.
In another Amendment" the Constitution ioroiis
Slavery by providing that the right of the people TO
."be secure in their persons" etc., "shali not be
violated"
THE CONSTITUTIONS FoRBIDs THE STATES TO MAINTAIN
SLAVERY.
II does Ills by providing that No State shall pass
anv hills of sitainder or laws impairing the obga-
lions of contracts" nor grant any title of nobility.
Slavery is an attainder because IT atlantis the
blood" and imposes disabilities on the child, on ac-
count of the condition Of the parent. II establishes
an order Of nobility by that same process, and by con-
feing hereditary transferable powers of subuga
and control upon class or order OF men over another
cass their hereditary interiors and subjects. IL not
merely impairs but annihiates the power of making
contracts.
THE CONSTITUTION PROVIDES FOR LIBERATION.
The Constitution not only forbids Slavery, but pro-
vides for the liberation of every slave, by declaring
that the writ of habeas corpus shall not be suspended
in time of peace" at this writ, (says Christian,
the annotator of Blackstone) which makes Slavery
impossible in England" It's proper application
would make Slavery impossible here.
"The object of the writ, says Blackstone is to
stirring the body Of the person who has been restrained
"of liberty into Court, " who shall determine whether
~he cause of his commitment be Just, and thereupon
!. TO- a0 Bseksiones Com, B. /. 1851 ut is to be
s'directed to the person detdsning another and COM
"manding him TO produce the body OF the prisoner
with the day and Of his capture and detention,
etc., "to do, submit to, and receive whatsoever the
Judge or Court awarding the writ shall consider in
"hat behalf" Blackstone, b. L., 1871.
This wit, according to Blackstone, was designed to
garry out. more perfectly, the provision of Magma
Charta, that no man should be deprived of liberty
unless it be by legal indictment, or the process Of
"common law;' which includes trial by jury.
TIE FEDERAL GOVERNMENT HAS POWER TO ABoL-
IsH SLAVERY.
II hes this power just clearly it has power to
secure the declared objects of the instrument that
gave it existence for thc Gerry purpose of securing
fhem--the power " TO form more perfect union,
"tabish justice, insure domestic tranquility, provide
"for the common defense, promote the general wei
"fare and secure the blessings of liberty to ourselves
{" and our posterity.' The power to do either one
of these sic things includes ample power to abolish
Slavery.
Congress has power to declare and make peace
Slavery is al outrage the slaves, and they are
cessariy enemies to the nation that permits it. Con-
gress therefore has power to make peace with the
slaves by restoring to them their rights. John Quincy
Adams affirmed the right of Congress to abolish Say-
cry q means Of defense in time of war. But until
slavery is abolished, continually exposed TO
state Of war Aud the same principle affirmed by Mr..
Adams would warrant abolition means of pre-
serving peace or Of being prepared for war.
"Congress has power TO provide for the common de-
% Tense and general welfare Of the United States"
Bat this cannot be done without abolishing slavery.
"Corgress shall have power TO establish q uniform
10 change his condition from that of alien to that Of
aet sss'~s~ -. his clause Congress may deter
whether no the slaves are ALREADY REQ citizens
-, / can dcclofe them TO be- so. Ii they are
a. "a csn nslaralixe them, and make them such.
IN sxpRRAL GOVERNMENT Is ooSsrrTUTIosanLY
| BOUND 10 iSuLfsH SLAVERY.
! Yhe Constitution binds the Federal Government TO
abolish slavery In binding il 10 its declared
Objects es already enuner ated and in bringing the
FEDERAL Government into existence for this very end
If the Government is not bound to do this, it is bound
10 do nothing in support Of the Constitution for the
benefit of the people.
The Constitution provides, that "The United States
"EHALL guarantee 10 EVERY State in this Union a
"republican form of government" This makes it
fhe duty of Congress TO TO that every State main.
iains republican Institutions. But what republic
The Constitution iisei in its preamble aud in the pro-
vifions already quoted, furnishes the definition.
alt is esseafiai TO Republican Government that il
DO derived from the great body of society, no, from
IN inconsiderabe proportion, OR tarorei olass Of
a." Madison in No. 80 OF The Federalis.)
This was written for the especial object of persuad-
ing the people TO adoptthe Constitution by convincing
them that il provided a Republican Government.
"The true foundation of Republican Government il
Abe equal rights Of every citizen in his person and
property, and in their management" fJeifersoil
And Mr.. jefferson frequently calls the slaves ci.,-
xess."
STATE RIGHTS AND FEDERAL POWER.
W1afexer tho yfOb{s Of the States ma he hoy