New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-25
LEGAL BEARINGS OF THE U. s. CONSTITU-
TION AND ORGANIC LAWS.

-, tOI thtIc 10 not OnS PcioVn "SNfJ H0'~ ~ ~
IL the United States, and thus, legaiy, there is no
Slavery to abolish, you will see plainly you WIN
ke the trouble to read the Federal Constitution with
he acumen and discrimination Of practiced criminal
,svyer. You will find the Constitution is penal
.atute Amounting certain executive officers to do
certain acts, with provisions for their punishment in
sses Of melfeasance individually, and reenactng the
Common Law of equal rights and the insienabe rights
dpersons with the Common Law remedies for abuses.
IN. !, sec. 3, cl. II, and Add Arts. V. and X
The War OF Independence was undertaken and sue
ssfuly carried on to the unslensble rights Of
PERSONS to which the rights of property merely in
adentaI, end must give way to individual liberty.
There three essentially important points of Con-
stutonal law that have been concealed from the body
Of the people, and which ore but seldom or never
nooted by lawyers politicians, these points
tnguish altogether and preclude their favorite do
"meste institution" and false assumption Of +" State
Rights on the subject Slavery, and abrogate all
he "Blaek Laws," and the practice Of the United
States Courts and officers thereon.
Tbose points are;
First That "every man is born equal and Free"
Decl. Rights and Independence.) The Constitution
n the enactiDg clause declares that it made
. TO secure the Blessings of Liberty to us and our
Poserty" No State Constitution or Law can make
my difference between person and another-aHPer-
,oHs are alike Citizens under " Republican Consti-
" htion"-wbich Congress is obliged TO guarantee to
each State. art. Nv, sec. 4, and Art W. cl. 2,)
and thus TO suppress Slavery where it may be at;
tempted TO be prsctced.
Second That Attainder of Blood shall not in any
q" case take place." No Bill Of Attander shall be
"psssed." art /, sec. 9 cl. 3, and Sec TO- cl. H.
Hence there cannot be any Hereditary Sla0e and
all the Black Laws" are void alb initio; can be
born 10 be a Slave nor can any person be reduced
TO be Slave by any authority whatsoever within
the United States, since all persons are Equal and
Free, and Citizens alike, holding equal unalienabe
Rights and Franchises.
Thnd That no Involuntary Service can be ex-
toed in the United States from any person that is not
lawfully tried and sentenced in criminal court.
None are bound 10 sere where there has not been an
express contract made between the parties claiming
and claimed for " service and labor due" Nothing
is due TO OF from either where contract with
tuaprovision, of obligation is produced in court No
person can be held or 6ound TO serve another but by
bis own act and free viii.
The Constitution Art J. sec. 9 cl. 81 prescribes the
de oription of those bound to rvice for term Of
years, who alone are held or bound TO service at
a-and ho alone are within the action and operation
Of AIT " sec @ 81. D. which says: No person held
TO service or labor one State under the Laws there
"of escaping to another, shall in consequence Of
4" any law or regulation therein be discharged from
"such service or labor but shall be delivered upon
"claim of !he party 10 whom such service or labor
may be DUEL"
fthe provision art " sec ., CT. g., relied upon by
the claimants of runaway slaves to warrant the
Slavecatchng acts had been intended by the trainers
of the Constitution to be applicable to the return to
the claimant e runaway Saves-it cannot be so ap'
piod; for it does not contain one word to such effect
Such application is contrary to the enactng part OF
that clearly written law, which was expressly made
to secure the blessings oNLibery" &c, as well as
the Common Law which abhors Slavery and assures
all the inalienabe rights of Persons Judge Black
stone remarks that "when proviso Tor enactment
sis OF vari, nee with the object of the) Actor
| " Law il is null and void" Kents mmentaries say
ne same--and 30 says the Common Law. This might
BE ruled where the wording is not explicit But there
b no variation between the sections Art |, Sec 3 el
ID and Art. ", ., c 3. The Letter merely follows
lrp tie former by appointing the penalty for running
away from the service mentioned in the preceding
thuse-"No person held to service or labor Ter
"trm # gears in one State" shalr' "be dis
charged from such service (yz for term of years.
No other service is mentioned contemplated in the
Federal Constitution and it is clearly written aud
set forth.
The Constitution must be applied as a 'ehole in
eve case and not by parts texts of few words, or
arbitrary constructions. II is highly Penal Law,
and must be strictly applied, and not construed
The Supreme Court has decided, the law is, that
suaser legally entitled TO claim service and labor to
Au,eE cannot transfer that right and make the SER
a.. fbor, rQndQrpa
existence and are not chooses transerable-
Tat on any attempt TO transfer, the servant becomes
kgsHy free from his obligation to serve. So no ser
snt be transferred to another master, andnegoes
cannot be sold.
There cannot be any slave in the United States;
Chiei Justices Holt and Lord Mansfield have settled
aai unalenable Common Law right of persons.
Every human being is entitled to the custody and
dsPCssl Of his own person-this is the habeas corpus
and hence the provision Art. i, sec. q cl 3. "The
Pr'riege Of the wit of habeas corpus shall not be
"suspeDded'-and hence the Judge and officers who
deliver up any person as a slave to a claimant are
! f"y Of capital felony as kidnappers, and subject
.! Zoe Common Law 10 the penalty Of death, without!
any earthly authority to grant pardon. "No ex post
iae'o law shall be made" art. l, sec. 10, cl. y.
a, inoSe persons sho oppose Slavery should publish
me Constitution and Organic Laws Of the United
S''"s' VIZ magma ChaIte, the Habeas Corpus Act,
'ne nui OF Rights, and the Declaration OF Indepen-
80, ""''n clam and Assure oil these as the un-
ansnsoe nights Of all the people Of these States
1 s"Ouu 'HAe measures to enforce the existing lac
I% avs oy oohging the Judges and other public
o"Vefs 70 iunii their oath Of Office and UNFOLD and
MAINTAIN The CONSTITUTION art VII or sutser ;ndi,,
nen' and punishment for perjury which in their o.ss
H"uual and corrupt in them to whom the ,rsv;r, -
law, "IgnOrantia legis reminem excusat .,'io,I,,