The Anti-Slavery Examiner, Omnibus

by American Anti-Slavery Society

Governor Tompkins, in a message to the Legislature of New-York, January 8, 1812, said: "To devise the means for the gradual and ultimate extermination from amongst us of slavery, is a work worthy the representatives of a polished and enlightened nation."

The Virginia Legislature asserted this power in 1832. At the close of a month's debate, the following proceedings were had. I extract from an editorial article in the Richmond Whig, Jan. 26, 1832.

"The report of the Select Committee, adverse to legislation on the subject of Abolition, was in these words: Resolved, as the opinion of this Committee, that it is INEXPEDIENT FOR THE PRESENT, to make any legislative enactments for the abolition of slavery." This Report Mr. Preston moved to reverse, and thus to declare that it was expedient, now to make legislative enactments for the abolition of slavery. This was meeting the question in its strongest form. It demanded action, and immediate action. On this proposition the vote was 58 to 73. Many of the most decided friends of abolition voted against the amendment, because they thought public opinion not sufficiently prepared for it, and that it might prejudice the cause to move too rapidly. The vote on Mr. Witcher's motion to postpone the whole subject indefinitely, indicates the true state of opinion in the House. That was the test question, and was so intended and proclaimed by its mover. That motion was negatived, 71 to 60; showing a majority of 11, who by that vote, declared their belief that at the proper time, and in the proper mode, Virginia ought to commence a system of gradual abolition.

7. THE CONGRESS OF THE UNITED STATES HAVE ASSERTED THIS POWER. The ordinance of '87, declaring that there should be "neither slavery nor involuntary servitude," in the North Western Territory, abolished the slavery then existing there. The Sup. Court of Mississippi, [Harvey vs. Decker, Walker's Mi. Reps. 36,] declared that the ordinance of '87 emancipated the slaves then held there. In this decision the question is argued ably and at great length. The Supreme Court of La. made the same decision in the case of Forsyth vs. Nash, 4 Martin's La. Reps. 385. The same doctrine was laid down by Judge Porter, (late United States Senator from La.,) in his decision at the March term of the La. Supreme Court, 1830, Merry vs. Chexnaider, 20 Martin's Reps. 699.

That the ordinance abolished the slavery then existing there is also shown by the fact, that persons holding slaves in the territory petitioned for the repeal of the article abolishing slavery, assigning that as a reason. "The petition of the citizens of Randolph and St. Clair counties in the Illinois country, stating that they were in possession of slaves, and praying the repeal of that act (the 6th article of the ordinance of '87) and the passage of a law legalizing slavery there." [Am. State papers, Public Lands, v. 1. p. 69.] Congress passed this ordinance before the United States' Constitution was adopted, when it derived all its authority from the articles of Confederation, which conferred powers of legislation far more restricted than those committed to Congress over the District and Territories by the United States' Constitution. Now, we ask, how does the Constitution abridge the powers which Congress possessed under the articles of confederation?

The abolition of the slave trade by Congress, in 1808, is another illustration of the competency of legislative power to abolish slavery. The African slave trade has become such a mere technic, in common parlance, that the fact of its being proper slavery is overlooked. The buying and selling, the transportation, and the horrors of the middle passage, were mere incidents of the slavery in which the victims were held. Let things be called by their own names. When Congress abolished the African slave trade, it abolished SLAVERY--supreme slavery--power frantic with license, trampling a whole hemisphere scathed with its fires, and running down with blood. True, Congress did not, in the abolition of the slave trade, abolish all the slavery within its jurisdiction, but it did abolish all the slavery in one part of its jurisdiction. What has rifled it of power to abolish slavery in another part of its jurisdiction, especially in that part where it has "exclusive legislation in all cases whatsoever?"

8. THE CONSTITUTION OF THE UNITED STATES RECOGNIZES THIS POWER BY THE MOST CONCLUSIVE IMPLICATION. In Art. 1, sec. 3, clause 1, it prohibits the abolition of the slave trade previous to 1808: thus implying the power of Congress to do it at once, but for the restriction; and its power to do it unconditionally, when that restriction ceased. Again; In Art. 4, sec. 2, "No person held to service or labor in one state under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from said service or labor." This clause was inserted, as all admit, to prevent the runaway slave from being emancipated by the laws of the free states. If these laws had no power to emancipate, why this constitutional guard to prevent it?

The insertion of the clause, was the testimony of the eminent jurists that framed the Constitution, to the existence of the power, and their public proclamation, that the abolition of slavery was within the appropriate sphere of legislation. The right of the owner to that which is rightfully property, is founded on a principle of universal law, and is recognized and protected by all civilized nations; property in slaves is, by general consent, an exception; hence slaveholders insisted upon the insertion of this clause in the United States' Constitution, that they might secure by an express provision, that from which protection is withheld, by the acknowledged principles of universal law.[[A]] By demanding this provision, slaveholders consented that their slaves should not be recognized as property by the United States' Constitution, and hence they found their claim, on the fact of their being "persons, and held to service."

[Footnote [A]: The fact, that under the articles of Confederation, slaveholders, whose slaves had escaped into free states, had no legal power to force them back,--that now they have no power to recover, by process of law, their slaves who escape to Canada, the South American States, or to Europe--the case already cited, in which the Supreme Court of Louisiana decided, that residence "for one moment," under the laws of France emancipated an American slave--the case of Fulton, vs. Lewis, 3 Har. and John's Reps., 56, where the slave of a St. Domingo slaveholder, who brought him to Maryland in '93, was pronounced free by the Maryland Court of Appeals--are illustrations of the acknowledged truth here asserted, that by the consent of the civilized world, and on the principles of universal law, slaves are not "property," and that whenever held as property under law, it is only by positive legislative acts, forcibly setting aside the law of nature, the common law, and the principles of universal justice and right between man and man,--principles paramount to all law, and from which alone, law derives its intrinsic authoritative sanction.]

9. CONGRESS HAS UNQUESTIONABLE POWER TO ADOPT THE COMMON LAW, AS THE LEGAL SYSTEM, WITHIN ITS EXCLUSIVE JURISDICTION.--This has been done, with certain restrictions, in most of the States, either by legislative acts or by constitutional implication. THE COMMON LAW KNOWS NO SLAVES. Its principles annihilate slavery wherever they touch it. It is a universal, unconditional, abolition act. Wherever slavery is a legal system, it is so only by statute law, and in violation of the common law. The declaration of Lord Chief Justice Holt, that, "by the common law, no man can have property in another," is an acknowledged axiom, and based upon the well known common law definition of property. "The subjects of dominion or property are things, as contra-distinguished from persons." Let Congress adopt the common law in the District of Columbia, and slavery there is abolished. Congress may well be at home in common law legislation, for the common law is the grand element of the United States' Constitution. All its fundamental provisions are instinct with its spirit; and its existence, principles, and paramount authority, are presupposed and assumed throughout the whole. The preamble of the Constitution plants the standard of the Common Law immovably in its foreground. "We, the people of the United States, in order to ESTABLISH JUSTICE, &c., do ordain and establish this Constitution;" thus proclaiming devotion to JUSTICE, as the controlling motive in the organization of the Government, and its secure establishment the chief object of its aims. By this most solemn recognition, the common law, that grand legal embodyment of "justice" and fundamental right--was made the groundwork of the Constitution, and intrenched behind its strongest munitions. The second clause of Sec. 9, Art. 1; Sec. 4, Art. 2, and the last clause of Sec. 2, Art. 3, with Articles 7, 8, 9, and 13 of the Amendments, are also express recognitions of the common law as the presiding Genius of the Constitution.