The Kansas herald of freedom., 1856-01-19
The Legal Tenure of Slavery.

stitutional that is illegal.
g There would have been no valid
recognition of slavery or compromise"
with it, in the Constitution, because there
was no legalized slavery in the country
to be the subject of such recognition or
compromise.
8. Slavery is unconstitutional because
it is directly in violation of the Declara-
ton of independence, "the first act of
our nation" which, in the words OF the
late John C. Spencer. "being a solemn
recognition of the liberty and equality
of ALL men, and that the right to liberty
and happiness are inalienable-was the
corner stone of our confederacy, and is
q6oue all constitutions and all laws."
4. Slavery is unconstitutional because
it is directly in conflict with the declared
objects of the Constitution, as set forth
in its preamble, viz: "To form more
perfect union, establish justice, ensure
domestic tranquility, provide for the
common defense, promote the general
welfare. and secure the blessings of liber-
ty to ourselves and our posterity"
5. Slavery is unconstitutional because
antagonistic, not only to the declared
objects, but to the manifest spirit, gen.
eral structure and leading provisions of
the instrument, which all favor human
liberty, and provide safeguards for its
preservation, without any invidious ex
ceptions or distinctions of race or color,
and without any mention either of slav-
cry or slaves.
6. Slavery is unconstitutional because
it cannot exist but in direct violation of
express and fundamental constitutional
provisions and prohibitions.
7. The Constitution forbids slavery by
declaring that ''no person shall be de-
prived of liberty without due process of
law and that s'the right of the people,
to be secure in their persons, ,''-"shall
not be violated"
8. The Constitution forbids the States
to maintain slavery, by declaring that
''No State shall pass any bills of attain
der, or expost facto law, or laws impair
ing the obligations of contracts ''-"nor
grant any title of nobility
9. The Constitution provides for the
liberation of all slaves, by declaring that
'the writ of habeas corpus shall not be
suspended in times OF peace" This is
the writ that made slavery impossible in
England.
TO- The federal government has pow
er to abolish slavery, because it has pow
er to ''secure the blessings of liberty"
establish justice" ''insure domestic
tranquility" ''provide for the common
defense" and promote the general well
| fare"
II. The federal government is consti
tutionaly bound to abolish slavery in the
States, for '.the United States SHALL
guaranty to every State in this Union, a
republican form of government, F." which
secures the equal rights of every
citizen, in his person and property, and
in their management
IL. The Constitution confers power
on the federal government to abolish sla-
very, by providing that
Congress shall have power to make all
laws which shall be necessary and prop
er for carrying into execution the fore
going powers, and all other powers vest
ed by this Constitution in the government
of the United States, or in any depart
ment or office thereof Art. /, Sec.
8, Clause 18.
Is. The exercise of this power would
be no violation of Estate Rights =
which do not authorize State wrongs
State rights do not include the right of
doing what the Constitution forbids.-
Neither do the limited powers of the
federal government restrict it from doing
what the Constitution expressly requires
it to do.
IA. No conflict of jurisdiction can
arise from federal abolition of slavery,
for
"The Constitution and the LAWS of
the United States which shall be 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 Constitution or laws
of any State TO the contrary notwith-
standing" Art. vi. clause 2.
15. Congress can abolish slavery by
declaring the slaves citizens, or by natur
alizing them it can make them such. 1t
can abolish slavery by establishing such
Federal Courts, and by appointing such
Federal Judges as shall apply the "habe-
as corpus" to slaves.
Is. The clauses of the Constitution
claimed by slaveholders-even accord
ing to their own construction of them
do not prohibit nor prevent the abolition
of slavery by the federal government
Nothing more can even they claim under
them than ''the apportionment of repre-
sentatiyes" and the rendition of fugi-
tives'' so long as slayeholding continues.
The clauses do not promise the perpetu-
ity of slavery, nor the forbearance of the
Government to exercise its just powers
for the protection of personal liberty, by
the habeas corpus, nor the guaranty, to
every State in the Union, OF a republic
can form of government.
IL. But the claims of shareholders
under these clauses will disappear,