2. The preamble to the Pennsylvania constitution used the word "slaves" in this connexion. It recited that the king of Great Britain had employed against the inhabitants of that commonwealth, "foreign mercenaries, savages and slaves."
This is no acknowledgment that they themselves had any slaves of their own; much less that they were going to continue their slavery; for the constitution contained provisions plainly incompatible with that. Such, for instance, is the following: which constitutes the first article of the "Declaration of Rights of the Inhabitants," (i.e. of all the inhabitants) "of the state of Pennsylvania."
1. "That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, among which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety."
The 46th section of the frame of government is in these words.
"The Declaration of Rights is hereby declared to be a part of the constitution of this commonwealth, and ought never to be violated on any pretence whatever."
Slavery was clearly impossible under these two constitutional provisions, to say nothing of others.
2. Several of the constitutions provide that all the laws of the colonies, previously "in force," should continue in force until repealed, unless repugnant to some of the principles of the constitutions themselves.
Maryland, New-York, New-Jersey, South Carolina, and perhaps one or two others had provisions of this character. North Carolina had none, Georgia none, Virginia none. The slave laws of these three latter states, then, necessarily fell to the ground on this change of government.
Maryland, New-York, New-Jersey and South-Carolina had acts upon their statute books, assuming the existence of slavery, and pretending to legislate in regard to it; and it may perhaps be argued that those laws were continued in force under the provision referred to. But those acts do not come within the above description of "laws in force"—and for this reason, viz. the acts were originally unconstitutional and void, as being against the charters, under which they were passed; and therefore never had been legally "in force," however they might have been actually carried into execution as a matter of might, or of pretended law, by the white race.
This objection applies to the slave acts of all the colonies. None of them could be continued under this provision.—None of them, legally speaking, were "laws in force."