The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-08-16

For the National Era.
THE LEGAL TENURE OF SLAVERY.
LETTER XXXv.
POWER OF THE FEDERAL GOVERNMENT Owe
SLAVERY-Concluded

POWER OF THE FEDERAL GOVERNMENT OVER
SLAVERY-Concluded.
TO the Friends Of american Liberty:
And so, in short, of all the specifications Of
the Constitution which 60 against Slavery-the
prohibitions to the States, of bills of attainder,
ex post facto laws, laws impairing the obliga.
tions of contracts titles of nobility, and partic-
ularly of the provision in the fourth amend
ment, that "tie right Of the people to be secure
IN their PERSONS" DC, de-, shall not be viola-
ted" These specifications in the Constitution Of
the United States are all committed, for safe
keeping, for preserved inviolabiity, for effective
execution, into the hands of the Government
of the United States" the members of which, in
their several departments, are sworn to support
the Constitution of the United States-to carry
out and execute faithfully and effectually its
provisions. And, along with these solemn OBJ
legations the Constitution explicitly confers the
needful powers. " Congress shall haze po,cer
to make all laps necessary and proper for car
rying into execution each and all of these speci-
6cations. What more could have been done
or desired, in that direction?
And, lest conflict of jurisdiction between the
National and the State Governments should oc-
casion embarrassments, it was added, in another
clause, above cited, and standing near the close
of the original instrument, that "this Constitu
ton, and The lars OF the United States made in
pursuance thereof" &C., "shall be the SUPREME
LAW OF THE LAND, and the judges in every State
shall be bound thereby, anything in the Consti-
tuition or laDs Of any State to the contrary not
scithstanding"
So that if there were or had been any positive
laws, in any of the States, establishing Slavery,
las there are not, that circumstance, even if the
State Constitutions themselves had established
Slavery, would present no constitutional obsta-
Gle to the Legislative action of Congress against
slaveholding.
l am quite confident that l am here claiming
no other or higher powers for the National Gov
eminent, over the slave question, than is gener-
ally conceded to it on all other questions where
the authority rests on the same grounds. A
very large portion of our Federal legislation
rests on no other constitutional warrant or au.
thority than the power to "pronaOte the general
,celfare," conferred in the Rreanable-a power
equally available for Federal legislation against
Slavery, as for internal improvements, light
houses, and national banks The power to
regulate commerce" was decided, by the Fed
eral courts, to warrant what was admitted to
be the annihilation of commerce, by Mr. Jeffer
sons embargo. And, on the slave question
itself, we have abundant precedents for Federal
legislation, only in the opposite direction. In
der false construction las has been shown) of
the clause concerning persons held to service
and labor" and acting on the assumption that
1t refers to fugitive slaves, the Federal Govern
ment readily understands that, on that assump-
ton, it is charged with the duty of enforcing the
provision, if the States fail of doing it. And this
furnishes the precedent $50 far as the exercise
of Federal powers is concerned) for Federal
abrogation of bills of attainder, ex post facto
laws, laws impairing the obligations of contracts,
and titles of nobility, if persisted in by the States
The Federal courts las in the case of Prigg u.s..
Pennsylvania have set aside State legislation
in favor of Liberty, on the false assumption that
Slavery is legal and constitutional. "Turn
around is fair play" Now let the Federal Gov
eminent, in the hands of the friends of Liberty,
set aside State legislation (if there be any sus-
tanning Slavery, and put an end to slaveholding.
If there are no State la,os establishing Sla.
very, land Judge Matthews, Mr. Calhoun, Sem
ators Mason, Douglas, &C., &C., could find
none there certainly could be no aggression
upon State rights in such procedure. Even
if there rere State laws for Slavery, the Federal
courts would have quite as much authority to
set them aside, as they had set aside the Penn
sylvania State law for Liberty
1t may be said by some, that the usurpatons
OF the Federal Government in .fdcor Of Slavery,
being bad precedents ought not to be followed
by similar usurpations Of Federal power against
Slavery. | answer by disclaiming the desire to
make use of any usurped power to overthrow
Slavery. Neither the State nor the National
Governments have any constitutional power to
sustain Slavery; but both of them are under
constitutional obligations to maintain Liberty,
and overthrow Slavery. | answer, farther, that
the Federal Government cannot, in the nature
OF the case, be neutral. 1t cannot help support
ing Slavery, If it tolerates slaveholding. For
tolerance Is protection, and to protect is to sus
tain.
The Federal Government must. of necessity
act on the assumption that Slavery is legal OF
1t must take the ground that it is illegal. The
alternative presents itself, almost daily. More
of this, in another connection.
Whatever theory Of the Federal Government
may be resorted to-whatever may be said OF
Its want OF original inherent powers, of its de.
irving all its powers, by delegation, from the
States-of the limitation of those powers. and
OF the reserved rights of the States-one thing
nevertheless, remains certain. The Fedora
Government has a right to exercise all the DOW
ers vested in it by the Constitution itself-it ha,
authority to do all that the Constitution require.
1T to do and this gives it ample power to abolish
American Slavery.
1t Is difficult to conceive of any absurdity
more glazing than the idea of National Gov
eminent, Government over free people, a
hepubican Government, that has not power to
protect Its own subjects from chattelhoodl i
oil
| can protect one, it can protect all. There car
| no reason be given phyit can protect one NOR,
| than another. Nor can it be shown hoso it car
protect one, and not another. All are alike
entitled to its protection, or none of them are.
III State may enslsve its citizens, in def
ance OF the Federal Government, then it MAY
annihilate the Federal Government by depri
wing 1t OF its citizens. To hold man as slave
Is to deny to him the rights and privileges of g
citizen of the United States. If Georgia ma,
chattellze one of its citizens, it may chattelizt
anotaer-it may chattelize all of them. Then
the Federal Government has no citizens il
georgia. 1t has no voters there, no militia, M
taxpayers, no constituency, nobody whom i
can appoint to ottice-no one to protect no ont
py whom 1t can be protected-no one, at least
out OF the pale of the officials of the Georgi,
State Government; and thus the Federal Gov
eminent is annihilated within the limits O
Georgia. If Georgia may do this, Virgini,
may do it-every State in the Union NAV d.
it-and thus the Federal Government NAV b,
annihilates by the Shareholders The fewer il
number they are, the more effectually do they
reduce the power of the Federal Government
and increase their own.
The process is going on already. We tall
of the overwhelming power of the Federal Gov
eminent. Weseem to feel its crushing power
we cry out against consolidation" and rur
for shelter under the dropping wing of Stat,