Category: History - American

The Unconstitutionality of Slavery

Before examining the language of the Constitution, in regard to Slavery, let us obtain a view of the principles, by virtue of which _law_ arises out of those constitutions and compacts, by which people agree to establish government.

Chapters

9. Chapter 9

We have already seen that slavery had not been authorized or established by any of the fundamental constitutions or charters that had existed previous to this time; that it had...

2. Chapter 2

Before examining the language of the Constitution, in regard to Slavery, let us obtain a view of the principles, by virtue of which _law_ arises out of those constitutions and c...

4. Chapter 4

When our ancestors came to this country, they brought with them the common law of England, including the writ of _habeas corpus_, (the essential principle of which, as will here...

7. Chapter 7

All those parts of the state constitutions, (i.e. of the old thirteen states,) that recognize and attempt to sanction slavery, _have been inserted, by amendments, since the adop...

10. Chapter 10

The intentions of the framers of the constitution, (if we could have, as we cannot, any _legal_ knowledge of them, except from the words of the constitution,) have nothing to do...

5. Chapter 5

But the colonial legislation on the subject of slavery, was not only void as being forbidden by the colonial charters, but in many of the colonies it was void for another reason...

8. Chapter 8

The Articles of Confederation, (formed in 1778,) contained no recognition of slavery. The only words in them, that could be claimed by any body as recognizing slavery, are the f...

14. Chapter 14

The idea that the children of slaves are necessarily born slaves, or that they necessarily follow that _natural law_ of property, which gives the natural increase of property to...

6. Chapter 6

Admitting, for the sake of the argument, that prior to the revolution, slavery had a constitutional existence, (so far as it is possible that crime can have such an existence,)...

13. Chapter 13

Of all the existing state constitutions, (excepting that of Florida, which I have not seen,) not one of them contains provisions that are sufficient, (or that would be sufficien...

12. Chapter 12

Although the inquiry may be of no legal importance, it may nevertheless be one pertinent to the subject, whether it be matter of _history_ even--to say nothing of legal proof--t...

3. Chapter 3

Taking it for granted that it has now been shown that no rule of civil conduct, that is inconsistent with the natural rights of men, can be rightfully established by government,...

11. Chapter 11

The practice of the government, under the constitution, has not altered the legal meaning of the instrument. It means now what it did before it was ratified, when it was first o...

1. Chapter 1