The New York Herald Newspaper, March 24, 1860, Page 4

(the subject, but from the masterly manscr in which it ts F bandied. It 'ywhere THE GREAT NATIONAL CRISIS. | ease cares sere re emake W> ‘great contest beaween Inherty and dawery. 1 tope it will re- Gelve the widest olroulation.”” The Red Platform of 1860 of the | Republican Party. BANDBOOK OF THE HIGHER LAW. | —_————~-—4- SLAVERY ABOLISHED BY THB CONSTITUTION, The Writ of Habeas Corpus to Free the Slaves. THE DUTY OF CONGRESS. J. FULTON, Jr., says of Part: First:—(‘ Now that I have road it, I feel Bound to say that it is the most clear aad jamineus preduotion that 1 have over read om the subject. It begins without a line Of preface, and ends without a werd of apology. Lisa Solid mass of the moss brilliant argumcat, uebreken, a¢ Seems to md, by B einglo flaw, and treads down as dust: everything which bas precede it upoa that audject. Let | Overy friemd of the slave road the work without delay | deliewe Wt ts destined to give a new phase to our struggle. RICHARD HILDR&TH says of Part First:—'* No one can deny to the present werk the merit of great ability aad Great loarning. If anybody wishes to see this argument | handled ina masterly chanuer, with greatcloaracss and j Plaioness, and an array of constitutional Jenrning which, im the hands of most lawyors, would have expanded iato | at Icast thrac royal ostavos, wo commented them to | Me. Spoener's modest pamphict of ome hundrod and fy pages.”” > ELIHU BURRITT gays:— It evinces a dopth of legal erudition which weuld de homor te tho first jurist of the age.” THE TRUE AMERIGAN (Courtland Ceanty, N. Y.) ays :-—“ It is an imperishable and triumphant werk. A law argument that would add to the fame of the most famed jurist living er dead.” THE BANGORG AZETTS says :—It is indood a mastorly argument. No ome, unprejudicea, whe has supposed that thas instrument (tho constitution) oomtained gusrantess of slavery,or whe has had doubts upon the peint, oan rise from the perusal without feeling relicu-d from the supposition that our great national chartor ts one of slavery and met of freedom. And mo lawyer can road it without admiring, besides its ether great oxoetionces, the olcar- ces of ite style, and its logical precision.” THE HAMPSHIRE H&RALD (Northampton) says:— “It is worthy the most gi ted Intellect in the country.” WILLIAM L. CHAPLIN saya:—‘‘This effort of Mr. Spoo ner is & remarkable one in many respects. It is un- rivalled im the simplicity, clearness and force of style with which 1} is executed. The argument is original, seel-ribbed and triumphant. It bears down all oppo- sition. Pettifogging, black-letter dullness and pedantry, Special pleading aid demagogism all retire befero it Uf every lawyer in the country could have it put into his hands, and be induced to study it, as he docs his brief, i would alone overthrow slavery. Thore is moral force enough im it for that parposo.”” THE LIBERTY PR&33 (Utica) says:—“The author labors to show, aud does show, that slavery in this country is unconstitutional, and wnsustained by law, either Stile or Federal. THE GRANITE FREEMAN says:—“We wish every voter in the Union could have the oppertunity to read this magnificent argument. We should hear ne more, after that, of the ‘ compromises of the constitution’ as am ar- gument to close the lips and palsy the hands of these who The Courts Throughout the South to be Sur- | rounded and Sustained by Military Force. The Slaves to be Armed and Orga- | pized as Militia. The “Irrepressible Conflict” Pure | and Simple. Wegroes Constitutiovally Bligible to the. Presidency. Where the Republican Stump Orators Get their Inspiration. Wholesale Endorsement of this Platform by the Republican Leaders. THE RESULT. The Success of the Republican Party in’ 1860 the Inauguration of a Second St. Domingo, READ &., In the year 1845 Lysander Spooner, Esq., entered ac- Oording to act of Congress in the Olerk’s office of tho Dis- (trict Court of Massachusetts, the copyright of a book on. | “Hor slavery, and labor for its removal.”” Mtled “The Unoonstitutionality of Slavory.”” Wo have | THE CHARTER OAK says:—“ Of its raro morit as a mow before us a copy purporting to be of the ‘seventh | Controversial argument it is superfluous to speak. It Shousand,’’ publishod in Boston in 1856. It isacomplete | ™Aay, Im fact, be regarded as unanswerable, and wo are; Ihandbook of the “higher law’ party, setting forth the | persuaded that ifs general circulation wuld give a mew arguments and pleadings undor which the nigger is proved | ‘pect t the anti-slavery cause, by exploding the popular, fo be “ logaliy”’ as good as a white man, and eligible to | ut mistaken notion, that slavery ts somehow entrenched be Svery office in the gift of the people, including the Presi. | 4nd the constitution.” ency of the United States.e The Identity of its doctrines | THE LIBERTY GAZETTE (Burlington, Vt. ,) says:— This Snd arguments with those now inculcated aud used by | work cannot be to highly praised, or too extensively cir- the black republican leaders and the fanetio abolitionists | culated. Its reasoning is conclusive, and ne one can read Bhows it to be the very fountain head from which they | it without being convinced that the comstitulton, instead of hhave derived the thoories they now proclaim ; and as it | being the friend and proctor of slavery, ts « purdy anti- Bives tho practical course they intend to follow, and the | slavery document.” Gitimate object they hope to obtain, its importance in the TSE INDIANA FREEMAN says:—“Evory abolitionist Pending political crisis that threatens the country cannot | should have this admirable work, and keep it in constant be exaggerated or over estimated. The subject comas Girculation among his neighbors.” Practically home to every business and every hearthstone fm the Union. AND PONDER, &o., &e. - SYNOPSIS OF ITS CONTENTS. CHAPTER I. WHAT IS LAW ?—othing inconsistent with justice can be law. Falacheod of the definition, that “Law is a rule ef civil conduct, presorived by the su- prome power of a State.’’ {Where the gomuine trial by jury prevails this princi Pile can be carried out in practice.) CHAP. Il. WRITTEN CONSTITUTIONS --Admits, for the sake of the argumont, that constitutions and statutes, Inconsistent with jastice, may bo made law; and insists only that our constitutiens shall be interproted by the established rules, by which ali other legal instruments are interpreted; one of which rule is, that ali words that are susceptible of two meanings, one favorable to justice and the other lo injustice, shall be taken in the sense favorable to justice. CHAP. IIL THE COLONIAL CHARTERS.—That these charters were the constitutional law of the colonies up to he time of the Revolution; that the provisions in thom © the effect that their legislation should be ‘consonant to reason, and not repugnant or contrary, but eo far as conveniently may be, agreeable to the laws, statu'ss, customs and rights of this our kingdom of England,” made it emposstble that slavery cod have amy legal existence | tn the colowies up to the time of the Revolution; and that | the decision of the King’s Beach, in Somerset's case, was as much applicable to the colonies as to Eagland: No | Corrects Bancroft's statement that Eogland ever logalized THE TITLE PAGE. ™m UNOONSTITUTION ALITY OF SLAVERY. ENLARGED EDITION. BY LYSANDER SPOONER. — PURUSHED AND FOR SALE BT BELA MARSG, ‘14 BROMFIELD STREBT, BORTON, Pestege oa the work, im paper, 15 conts; in cloth, 20 cents. & Wheeral discount will be made to booksellers and agents who buy to soll again. NOTICES. HON. WM. H. SEWARD writes to Gerrit Smith cona- Oorning it as follows:— Avavry, Nov. 9, 1858. Mr Dean Sir—I thank you for sending me a copy of ‘Mr. Speoner’s treatise. I had bought a copy of the Mirst odition. It is a very able work, and I wish that & gig be wniversally studied, The wriling and pudlish- Sng of such beoks is the most effective way of working out fhe great reformation which this nation is required to gmake by the spirit of humanity. Very sincerely, your Sriead and obedient servant, WILLIAM H. SEWARD. ‘The Hon. Grew Surra. the siavo trade, FURTHER ENDORSEMENTS. CHAP. IV. COLONIAL STATUTES.—Shows that the HON. ALBERT G. BROWN, Senator in Congress from | colonial legislation on the subject of slavery failed to ‘Missiasippi, in the Sonate, December 2, 1856 (as reported | identify, with legal accuracy, the persons to be made Im the Congressional Globe), after describing the book, as | slaves; and, therefore, even if such legislation had been making am argument in favor of the constitutional constitutional, would have failed to legalize slavery. wer Of Congress, not only to interfere with, but to-| That, consequently, there was mo legal slavery in the - Toca ier in the pie bt States of the Union,” | try up to the time of he Revolution. a waid:—*'The Senator (Wileon) did not say—what 1am | crap, y. THE DECLARATION OF INDEPENDENCE. — oan to Peer naan the a aha 2 hipaa By this the nation declares it to be “a self-cvident truth’? fo mere simploton ever have drawn such an @f- | that all mon are created free and equal. AU ‘self-evident Letreal y aerard Meehan’ ontewal eR | truths’” are neceaarily a part of the law of the land, unless See Sree OOS ER es, Popeye | capressly denied. The nation, as a nation, has nover argument.’ | denicd this eelf-evident tru:h, which it once asserted. {altheugh Mr. Brown thus leaves it to be inferred that | This truth ia, therefore, a part of the law of the land, and he thought there might be some error in the premises, makes slavery ilegat. made t to point Tt would Be mado bo atempt to Doint out any. Tt would peem to | C4» v1. THE STATE CONSTITUTIONS OF 1780.— tmcumbent on him to do so., bss a ey | None of the State constitutions in existence in 1789 extas- GERRIT SMITH ssys:—‘The more I read that admire: | 1.4/1 or authorized slavery. All of joe eile Leste silo. Ba lees argument which Lystnder ary free constitutions. Shows that the words “ fres’’ and Bpooner has made to show the unconstitutionality of | “‘freeman,’” used in. th Bicticna, wore,iedte'tin’ Career rey mere. t SB with it He yields | Pyglish or political sense, to designate native or natura- Bothing but what the legal rules of interpretation compel | lized persons, as dis Rie an a him to yield. And why should he make unnecessary | foreign birth not picink hy jotta thew 2 pol Soncessions in an argument undertaken in behalf of all | caso, used to deaignate a on a cesailuias that is saored and vital inthe rights of man? Wore I | froma slave. That the use of the words in this sense, in Btudious of fame or usefulness, I bad rather be the author the State constitutions of 1789, as they had been previ- Of this manly, brave and independent nt against | peas 'y» Fee pen ee iri law ar. Cully used im the colonial charters and colonial legislation, constitutionality than of any | furnish an authoritative precedent by which to fix the Sument ever written, either in this age or in any former | « ” meaning of the words, “free persons,”’ in the constitu. ‘Bgo—either on this side or on the other side of the At | tion of the United States, in the clause relative to Manic. Why will not all lawyers read it? Who of hem | soso ana direct taxation bh i could read i without being convinced that slavery i¢ uncon- - | CHAP. VII. THE ARTICLES OF CONFEDERATION Witutional?’? WENDELL PHILLIPS, without confessing his convic- ot phi En no repeat cnr Mon of its truth, saya:—This claim (of the anti-slavery naturalized citizens, as distinguished from aliess; pac Sharacter of the constitution) has received the fullest 10- | froish a procedent, authorised piel dibicandoe Ain ‘Vestigation from Mr. Lysander Spooner, who has urged it giving tho sane mensing to the word “free ’*tm the con. brace Unrivalled ingenuity, laborious research and stitution. al | CHAP. VI. THE CONSTITUTION OF THE UNITED ELIZUR WRIGHT calla tt “one of the moet magnificent STATES. —This chapter, tn the first place, takes it Constitutional arguments ever produced in any country. for granted to have been shown that slavery had me Tt noods such a work as Mr. Speoner’s, on constitutional legal existence up to the time of the adoption of the Jaw, to make the constitution of the least value to us as 8 United States constitutom. It then says that that con- micld of rights.” atitution certainly did net create or establish slavery as a WILLIAM LLOYD GARRISON, speaking of Part First, now institution; that the most that can be claimed is that it And disagreeing to its conclusions, on the ground that the | recognized the legality of slavery sofar as it then legally ex- Words of the constitution do not fully expressthe inton- sted under the State government: bat that, as slavery then Mons of its authors, yet says, ‘His logic may be faultiess had no legal emistence, under the State govermments, any in- as a mero legal effort. We admit Mr. Spoover's reason. | tended recognition of it by the constitution ef the United ing to be ingenious; perhaps, as an effort of logic, unan- | States must necessarily have failed of effect. ‘That, con- Bworable. It impresses us as the production of a mind | sequently, all ‘‘the people of the Unised States” were mate Oqually honest and acute, Its ability, and the impor- | ‘‘citizens of the United States'’ by the constitution; and, there- ance of the subject on which it treats, will doubtless | fore, could never afterwards be made slaves by the State go- Beoure for it @ wide circulation and a careful perusal.” vernments, JOSHUA LEAVITT says of Part First:—' It is unauewer- Secondly. Shows, frem ite provisions, that the constitu. sie. wilt never te ott attempt to shewer tion of the Uniled States does mot recognise slavery as a lega x wie omens aged ‘ Snsiitution, but presumes ali men to be free; denies the right Politician, lawyor nor jadge, ° will makes it imposible: @rer dare undertake to sundes that irom linked chain of | pA ronal pt Bh wa ’ “a po peri Srgumeat which runs straight through this book from rh ge dad Wwagenaamney siddg Gait. Shows that the clause relative to persons held to service i or labor has no reference to slaves; that the term ‘‘free NATHAWIEL P. ROGERS, speaking of Part First, and pereons,”’ in the clause relative to representation, ia used Agreeing with some of its posi ions, and disagroeing with im the political senge, to designate native and naturalized @thors, eays:—It is s splendid cesay, ff tho telont laid Persons, as distinguished from persons of foreign birth ‘Bat in it were laid out ta the bar, it would make the au. Rot naturalized; that the clause relative to ‘migration Sher Getiogeitied and rich.” “Tale cssay chou! eivd | a4 imncostation of patpens”” doemach imply that the per- ho author @ name at the Boston bar. It will at tho bar | song imported are slaves; that it makes no discrimination BF posterity ° | §8 to the persons, whether African or European, SAMUEL wt Ciret—<Tt my | to be imported; that it as mach authorizes the importation Bi gow apyrtance of | of Exglishmen or Freuchmen, as slaves, as it dows Afei BALL, Req., ateeniy a, not mors NEW YORK HERALD, 8 ry i ATURDAY, ‘ cane; thet it would, therefore, be © pirntical constitution Mf the importation of persons implied that the persoas to be imported were slaves; that fhe clause relatiee to the protetion of ‘the States agains domestic vielence’’ docs not tenply the ewistence or legality of slavery, or protection against slave insurrections; that “We, the people of the Uaited States,’ means all the poeple of the United States; the Constitution, therefore, made Citizens of all the then People ef tho United States; that “the power to reguiate Commerce’’ is a power te reguiate commerce ameng all tho people Of the United States, amd implies that all are free te carry on commerce; that the power to cstablish post offices is a power to carry lotters for all the poople, and implies that all the poopie are free to send letters; that the power to recure to authors and inventers their exclusive right to their writings and discoverics, im- Plies that all capable of writings and discoveries are ca- pale of being the ewners thereof; that the power to raise armies implies that Congress bave power to accept volunteers, or hire soldiers by contract with themselves, and that all are free to make such comtracts; that the Power to arm and discipline the militia implies that all are liable to be armed and disciplined; that the right to keop and bear arms is a right of the whele poopie; that the prohibition upom any State law impairing the obliga- tdom ef contracts implies that all men have the right te enter inte all contracts maturally obligatory; that al naturol born citizens are eligible to the Presidency, to the Benale, and to the House of Representatives; that the trial by jury implics that all persons ere free; the hxbeas corpus denées the right of property tn mam; that ® guarantee te ewory State of a republican form @f government is a guarantee agains slavery. » CHAP, IX. THE INTENTIONS OF THE CONVENTION. ——Pereonal intentions of the framers of no legal cense- quence to Ox the jegal meaning of the comstitution. The imwstrument must be interpreted as being the instrument of the wholo people. Car. X. THE PRACTICE OF THE GOVERNMENT.— ‘The practice of the gevermment, under the constitation, hang rot altered the meaning of the constitution itself, The instrument meens the same now that it did bofore it was ratified, when it was first offered to tho people for their acoption or rejection. CHAP. Xi. THEUNDERSTANDING OF THE PEOPLE.— No legal proof, and not even @ matter of bistory, that the people, before they adopted the eonstitution, undorstoed ‘at it was to support slavery. Could never baye been acopiea bad they £0 unceratoed it. CHAP, XII. THE STATE CONSTITUTIONS OF 1645.— De uot authorize slavery; no not designate nor autho- rizo the State Legislatures te donigmate the persons to be ‘made slaves. Have provisions repugnant te Slavery. he treaties for the purchase of Lewisi- ana ard Fierida imply that all the “inhabitants” were free, possessing the rights of liberty, property and religion, and wore to become citizens of the United States. CHAP. XIII. THE CHILDREN OF SLAVE3 ARE BORN FREE —Shows that, even if the persons held.as slaves at the adoption of the constitution, were to comtinue to be held as slaves, their children, born in the country, were ne- verthcless to be all free by virtue of natural birth in the country. PART SECOND. CHAP. XIV. THE DEFINITION OF LAW.—The defl- nition of law, given in chapter first, insisted on and de- fended. Additional authorities cited im note. CHAP. XV. OUGHT JUDGES TO RESIGN THEIR SEATS t—Wo; but to continue to hold them andido justice. CHAP. XVI. THE SUPREME POWER OF A STATE— Absurd retults from the theory that the Legislature re- Presents ‘‘the supreme power of the Btate,”” CHAP. XVII. RULES OF INTERPRETATION.—Ex- amines the established rules of legal interpretation, and shows that they’ required the word “‘free,”’ or the term “free pereone,’’in the clause relative to representation, te be Interpreted to mean native and naturalized persons, as distinguished from immigrants mot naturalized; and not to mean persons enjoying their personal liberty, as distinguished from slaves, CHAP. XVIII. SERVANTS COUNTED AS UNITS.— ‘The provision that ‘those bound to service for a term of years’ should be included among the “free persons,” implies that there were to be no slaves. CHAP. XIX. SLAVE REPRESENTATION.—Absurdity Gnd injustice of it conclusive reasom against any inter- pretation authorizing it. : CHAP. XX. WHY ALIENS ARE COUNTED AS THREE- by doing 80, CRAP. XXL WHY THE WORDS “FREE PERSONS’’ ‘WERE USED.—The word free” had always been the technical word, both in this country and in England, for describing native and naturalized persons, as from aliens. Tho indefinitoneas of the word “ citizen’? made it an improper word to be used, where precision of meaning was required. CHAP. XXII. ‘ALL OTHER PERSONS.’’—These ‘Words used to avoid the use of the unfriendly and inappro. priate word “alions,”’ and also to include “ Indians not taxed.” CHAP. XXII. ADDITIONAL ARGUMENTS ON THE WORD ‘ FREE.”’—Showing that this werd must be taken im the political sense before mentioned, and not as distin- guished from slaves. CHAP. XXIV. POWER OF THE GENERAL GOVERN- MENT OVER SLAVERY.—Origin amd necessity of the power to abolish slavery in the States. APPENDIX A. FUGITIVE SLAVES.—Extended legal and historical argument on this subject. APPENDIX B. SUGGESTIONS TO ABOLITIONISTS.— Abvlétionists can abolish slavery legally only by taking the ground that the United States constitution authorizes the ge- neral government to abolish it. THE SUMMING UP. CHAPTER XXIV. TOWER OF THE GENERAL GOYERNMENP OVER SLAVERY. Tt ig a common assertion that the general goverament ‘has no power over slavery in the States. If by this be meant that the States may reduce to slavery the citizens of the United States within their limits, and the goneral government cannot liberate them, the doctrine is nullig- cation, and goes to the destruction of the United States go- Vernment within the limits of each State, whenever such State shall choose to destroy it. THE PITH OP NULLIFICATION. ‘The pith of the doctrine of nullification is this, viz:— ‘That a State has a right to interpose between her people and the United States government, deprive them of its benefits, protection and laws, and annul their allegiance wit. . Ifa State have this power, she can of course abolish the government of the United States at pleasure, #0 far as its operation within her own territory is concerned; for the government of the United States is nothing, any further than it operates upon the persons, property and rights of the people.* If the States can arbitrarily intercept this operation, can interpose between the people and the go- vVernment and laws of the United States, they of course can abolish that government. And the United States con- ‘stitution, and the laws made in pursuance thereof, instead Of being ‘the supreme law of the land,” “anything in the Conatitution or laws of any State to the contrary notwith- standing,” are dependent entirely upon the will of the ‘State governments for permission to be laws at all. INVALIDITY OF STATE LAWS. A State law reducing a man to slavery would, if valid, interpose be tween him and the constitution and laws of tho United States, annul their oporation—so far as he is concerned—and deprive him of their benefits. It wonld annul his allegiance to the United States; for ® slave can owe no allegiance to a government thas olther will not or cannot protect him. Tf a State can do this in the case of one mam she can do ft im the case of any number of men, and thus com- pletely abolish the general government within her limits. But perhaps it will be said that a State has no right to reduce to slavery the people generally within hor limits, but only to hold in slavery those who were slaves at the sdoption of the constitution, and thetr posterity. SLAVEHOLDING A PRIVATE Orn. One answer to this argument is, that, et the adoption of the constitution Of the United States there was mo legal or constitutional slavery in the States. Nota single State con- stitution then im existence recognized, authorized, or sanctioned slavery. AU the slaveholding then practised was merely a private crime committed by one person agains Gnother, like theft, robbery or murder. All ths @tatates which the slaveholders, through their wealth and infla- ence, procured to be passed, were unconstitutional and void , for the want of any constitutional authority in the Legislatures to enact them. The Supreme Court of the United Statos say, the “pow- ers” of the general goverumont “are to be exorcived di rectly on the people, and for their benedit.""—4 Wacaton, a6. FIFTHS.—Not being full citizcns, ought not to be counted as such. Inequality produced among the Staics THE STATES HOLD NO RESERVED POWERS. But perhape it will bo sald, as is often eald of them new, that the State government had all power that was not for- Diddon tothem. Bat this ia only one of those bald and plaring falscheeds, under cover of which, ovem to thinday, eorrupt and tyrannical legislators omact, and the servile ‘and corrupt courts, who are made dependent upoa them, Sustain a vast mass of unconstitutional legislation, destruc- | ‘THE BATTLE GROUND OF OONNECTICOS, aha AB Lee os Overwhelming Rally of tho Democracy, tivo of men’s natural rights. Probably half the Stato legis- HARTFORD MARCHING IN THE VAN, lation uader which we live is of this character, aud has We bave thus far (im this chapter) placed this question no other authority than the pretence that the government | upon the ground that those hold im slavery are const hag all power except what is prohibited te it The falee- | tutionally a part of ‘' the people of the United States,” cannot be shaken, itis not necessary to be maintained, im order to yaaintain the duty of Congress to provide courts, and all othor means necessary for their libera- tion. dered that our govermments derive all their authority. from the grants of the people. Of necessity, therofere, instead of their having all authority except what is for- bidden, they cam have none except what is granted. Everybody admits that this is the true doctrine ia regard to the United States government; and it is equally true of the State governments, and for the same rea. som. The United States constitution (amcadment 10) does indeed epecially provide that the United States gov- ernment sball have no powers except what are delogated to it, But this amendment was insorted only as a special guard against usurpation. The government) would have had no additional powers if this amendmént had been emitted. ‘The simple fact that all a government's powers are delegated to it by the people preves that it can have no powers except what are delegated. Aad this princi ple is as true of the State govermments as it is of the na- tional ome; although it is one that is almost wholly disre- garded im practios.* BLAVE STATUTES UNCONSTITUTIONAL. ‘The State governments in existence in 1789 purported to be established by the people, and are either declared or must be presumed, to have been established for the maintenance of justice, the preservation of liberty and the protection of their natural rights. Andhose govern- ments consequently had mo constitutional authority what- ever inconsistent with these ends, unless some particular powers of that kind were explicitly granted to them. No power to cetablish or sustain slavery was granted to any of them. All the slave statutes, therefore, that were in existence In the States, at the adoption of tho United States constitution, were unconstitutional and yold; and the peaple who adopted the constitution of the United States must be presumed to have known this fact, and acted upon it, because everybody is presumed to know the law. The constitution of the United States, thorefore, can be presumed to have made no exceptions in favor of the slavery then existing in the States.t THE CONSTITUTION ABOLISHES SLAVERY. But suppose, for tho sake of the argument, that slavery bad been authorized by the State constitutions at the time the United States constitution was adopted, the constitution of the United States would nevertheless bave made it illegal; because the United States constitution was made ‘‘the supreme law of the land,” “anything in the constitution or laws of any State to the contrary motwithstanding.’’ It therefore annulled everything in consiatent with it, then existing im the State Constitutions, ag well as everything that should over after be added to them inconsistent with it. It of course abolished slavery asa legal institution, (supposing slavery to have had any egal existence to be abolished,) if alavery were incon- sistent with anything expressed, or legally implied, in the Constitution. Slavery is inconsistent with nearly everything that is ether expressed or legally implied in the constitution, All its expreas provisions are general, making no oxcep- ‘ion whatever for slavery. All its legal implications are that the constitution and laws of the United States are for the benefit of the whole ‘‘people of the United States’ and their posterity. SLAVES A PART OF THE PEOPLE OF THE UNITED STATES, The preamble expressly declares that ‘‘We, the people Of the United States,” establish the constitution for the Purpose of securing justice, tranquillity, defence, welfare, and liberty, to ‘‘ourselves amd our posterity.” This language certainly implies that all ‘the people’ who are Parties to the constitution, or join in establishing it, are to have the benefit of it, and of the laws made in pursuance of it. The only question, then, is,.whe were ‘the people of the United States 7” ‘We cannot go out of the constitution to find who are the ANOTHER SPEECH FROM BAYOR WOOD Telling Anecdote of wo Repub- ican Politicians. HABEAS CORPUS A CONSTITUTIONAL PRINOIPLE. ‘The constitution, by providing for the writ of habeas corpus, without making any discrimination as to the per- ‘8008 entitled to it, has virtually declared, and thus estab- Mebed it as a constitutional principle, that, im (his country, there can be no property in man; for the writ of habeas corpus, as bas before been shown,t} necessarily invelves a denial of the right of property im man. By declaring that the privilege of this writ ‘‘shall not be suspended, unieea when, im cases of rebellion or invasion the public eafety may require it,’ the conatitution has imposed upea Congress the duty of providing courts, and if need be other aids, for the issuing of this writ in behalf of all hu- man beings within the United States who may be re- strained on claim of being property. Congress is bound by the constitution to aid, if need be, = foreigner an alien, an enemy even, who may be restrained as pro- perty. And if the people of any of the civilized nations ‘were pow to be seized as slaves, om thoir arrival in this country, we can all imagine what an abundance of con- stitutional power would be found, aud put forth, too, for their liberation. Wi:hout this power the nation could not sustain its posi- tion a3 one of the famity of civilized nations; it could not fulfil the law of nations, and would, therefore, be liable to be outlawed in consequence of the conduct of the States. For example: If the States can make slaves of anybody they can certainly make elavegof Andif they can makejslaves of foreigners, they can violate the law of nations, because to make slaves of foreigners is to violate the law of nations. Now the general government is the only government known to other nations; and if the States can make slave’ of foreigners, and thére were no power in tho general government to liberate them, any one of the States could involve the whole nation in the re- sponsibility of haying violated the law of nations, and the nation would have no means of relieving itself from that responsibility by liberating the persons enslaved; but would have to meet, and conquer or dio in,a war brought upon it by the criminality of the State. HABEAS CCRPUS LIBERATES MEN FZOM BLAVERY. ‘This Ulustration is sufficient to prove that the power of the general government to liberate men from slavery, by the wee of the writ of habeas corpus, is of the amplest oharacter; that it is not to the casos of those who are « part of “the people of the United States,’ ana so parties to the consti- tution; that i ts limited only by the territory of the country; and that tt ewists utterly irrenpective of “anything in the oon- stitution or laws of any State.’’ ‘This power, which is bound to be exerted for the libera- tion of foreigners, is bound to be exerted also for the libe- ration of persons born on the soil, even though it could be Proved (which it cannot) that they sre not legally parties to the constitution. The simple fact of their not boing parties to the constitution (if that fact were proved) ‘would no more alter the power or duty of Congress in re- lation to securing them the privilege of the writ of habeas corpus, than the same fact does in the case of foreigners, who confessedly are not parties to the constitution; un- Jess, indeed, their coming into the country under the guarantee afforded by the habeas corpus clause of the constitution makes them, so far, parties to it. But this clause could operate as no guarantee of liberty to fo- reigners unless it guaranteed liporty to al born on the soil ; for, there being no distinction of persons made, it Certainly could not be claimed that it guaranteed greater privileges to foreigners than to the least favoredef those born on the soil. So that it will still result that, unless the constitution (as it may be executed by the general Alarming Prostration of the Re- publicans, Rar ue, ‘Thore was a grand rally of the Hartford branch of _ ‘mited democracy of Coancoticat, in the city of Harter om Thursday evening last. A more unapimous and 9 thusiastio demonstration never was seem im that thrid ‘and populous eity. The agitation which has arisen on slavery question, producing such direful results in mest of the Eastern States, in the shape of strikes and incipient revolutionary movements, seems to have awakened (he ‘usually lethargic democracy to a sense of their duty and @ compreheasion of their great power. Througheat the whole State of Connecticut a spirit of union and pairictis devotion bas been aroused, and it is evident that it caunct be allayed until the cause of right has triumphantly ear- ried the camps of the enemy. Breakers have been seca abead, and the navigators of the good abip are uniting hand and heart to save the vessel from total ‘wreck. In the meeting of Thursday night tho people Of Hartford showod their colors bravoly. A new build ing, called the Nations! Democratic Hall, has beew. erected for their especial benefit, and daring tho whole of the campaign, eloquent and distinguished mon from all parts of the country will/speak there. The building cov- ors an ares of nearly 10,000 feet of land, and it is estimst- ed that not leas than four thousand persons were withia ite walls, besides the great number outside who wore una- bile to obtain admission. Owing to the immeuse crowd present {t was nearly nine o’clock before the meeting could be fully otganized. Clab followed club in rapid succession until the edifice wag completely packed, and even then, the surging of the throng here and there indicated the efforts that were made to obtain an eligible position for hearing the speaker. ‘Delegations were also present from New Haven and the surrounding towns. The platform was occupied by tha officers of the meeting, and the presence of a number ef ladies upom it relieved the otherwise monotonous appear- ‘ance of the crowd. A fine brass band was stationed at one end of the hall, and discoursed appropriate music during the proceedings, though atone time the throag around them was eo great that the stand which they eccupied nearly ¢:me down, and caused a momentary apprehes- sion that a serious accident would take place. It wan! soon propped up, however, and the excitement allayed, ‘The meeting was called to order by A. E. Burr, Eeq., ae, and the following named gentlemen as vice presidents CHAPULTEPEC CLUB. orice PrsidentsJ. Bulbust Walia, A. Booth, W ‘Secrdary—Juatos Francis. GERMAN SEYMOUR: cr. parties to it. Amd there is nothing in the constitution that government alone,) guarantees personal liberty to all born Vice Presidents—A. Rothchild, A. Wagner, P. can Iimit this word ‘‘people,” so as to make it include, a im the country, it does not guarantee it to foreigners com- | 4. Rennings. Part only of “the people of the United States.”” The word, | ing into the country ; aud if i do not guaramtee it to fo. | Se7dary—P. comploted, 8 fine Glee Club like all others, must be taken in the senso most beneficial | reignéra coming into the country, any single State, by en- attendance sang the ‘campaign for liberty and justice. Besides, if it did not include all the | slaving foreigners, can involve the whole nation in a death | of which was beartily joine’ in by the lusty kc then “people of the United States,” we have no legalevi | struggle in support of such slavery. OES ence whatever of a single individual whom it did in THE CONSTITUTIONAL DUTY OF CONGRESS. 4ur: “Hurran clude. There is no legal evidence whatever m the consti IF these opinions are correct it ts the constitutional diity off Tom Sermon i he man wo stg, re tee pele ranean a anne Congress to establish courts, {f need be, in every county and ‘We'll make bim Governor, sare, this spring, ce ae scimaly Prov | township cven, where there are slaves lobe Uberated ; to pro- “ eo ini roe tepens nursing bin ree ere ie noth Tide attorneys to bring the cases Before the covwts ; AND, 70 me aries wanene g fa the conan | fat veholders to | rEp A STANDING MILITARY FORCE, IF NEED BE x , hecral, erraht havo been part of “the people” which will notequally | 9 sustarN THE PROCEEDINGS. Hurrah, borrab, roe a ae cat a eee bart of them. | And | "in addition to the use of the habeas corpus, Coagress ‘Ton Bey mour 4 be Blackie preet, ing alavebolders ft the 4 ‘the people of the bas power to prohibit the slave trade between the States, For ho’s but one among the erowa, United States”. which, of itself, would do much towards abolishing slave- Hurrah, 40. '—as there is for excludifig the alaves. The " 3s THEY ‘To every man his house term ‘‘the people of the United States’ raust, therefore, ry in the Ni Slaveholding HAVE He never sneers at poverty; be held to bave included all “the people of the Unie | POWER ALSO TO ORGANISE, ARM, AND DISCEPLINE Hurrah, &0. ‘States,’ or it be held to ha ‘THE SLAVES AS MILITIA, THUS ENABLING THEM TO ‘He greets the laborers im the streets, oF Meeanaleanihy ve included none. | amp IN OBTAINING AND SECURING THEIR OWN Hurrah, &c, But this point bas been so fully argued already, that it | 7 engy Specks kindly words te all be moots, ~ Ss te Pager) + It is not ae some ine, for Congress te To honest toil he gives his hand GOVERNMENT MUST SECURE TO THE PEOPLE ALL | epact a law making slavery . Congress ‘has me As to the highest im the land, RIGHTS. rowing oa Ieiedisapretes. phe 9 taba lag Hurrah, &o. The United Sates goverarcnt, inl, beng ti Gheery TEU iy ie Gi ee ee ee Fo drove the foe from of the Held, formed by and for benefit of the whole “people of ee assuming that slavery is illegal, is constitutionally caused come yield the United States,” the question arises, whether it have oendite:prowsie All necemary meant for having that ipa ira i the power of securing to “the people” the benefits it in- Ligne 20 ranks he breaks, tended for them? Or whether it is dependent onthe | “* Part First, chap. vill., p. 161, 2d.ed. ee State governments for permission to confer these benefits ‘The Blackies, aided by their Bissell, on “the people?” This is the whole question. Ana if it | SEWARD'S THREAT TO REORGANISE THE mal ties . . shall prove that the general government has no power of FEDERAL Overs. apo Token ae arenes ar may white, securing to the people its intended benofite it is, in no SPEECH IN THE SENATE, MARCH 3, an legal or reagonabie sense, a government. i ‘Mr. Prespayt—I have shown why it is that the Kansas eater But how is it to secure its benefits to the people? That | question is attended by difficulties and dangers only by &e. ‘ is the question. > ‘way of preparation for the submission of my opinions in Tn April next we'll show them fun, BUT FIRSY PERSONAL LIBERTY. regard to the manner in which that question ought to be wontiead ho a The firit sep, and an indicpensadle step, towards doing it, | determined and settled. 1 think, with great deference to Hurrah, oes om, ts to secure to the people their personal liberty, Without | the jadgment of others, that the expedient, peaceful and ‘Then let us raise our battle cry, Personal liberty none of the other benefits intended by | right way to determine it is to reverse the existing policy 7S Ur Victory! lurrab, the constitution can be secured to an individual, because, without liberty, no one can prosecute his other rights in the tribunals appointed to secure them to him. If, therefore, the constitution had failed to secure the personal Liberty of individuals, all the rest of its provisions might have been defeated at the pleasure of the subordinate governments. But liberty being secured, all the other benefits of the constitution are secured, because the individual can then carry the question of his rights into the courts of the United States, in ‘all cases where the laws or comstitution of the United States of intervention in favor of slave labor and slave States. It would be wise to restore the Missouri prohibition of slavery in Kansas and Nebraska. There was peace in the Territories and in the States until that great statute of freedom was subverted. It is true that there were fro. quent debates here on the subject of slavery, and that there were profound sympathies among the poople awakened by or responding to those debates. But what ‘was Congresg instituted for but debate? What makes the American people to differ from all other nations but this; that while among them power enforces silence, here all then opened the as follows:— f GENTLEMEN—This building, ‘dedicated to one of the noblest po! the attention of Mr. Wruay J. Huocirearey, Chairman ef the Proceedings by addressing the h rude and humb are involved. public questions are referred to debate—free debate in Con | gentleman whose eminent HABEAS CORPUS SECURES THIS. rede. Do you tell mo that the Supreme Court of the United | oratis co extenzive with the Union itself. Gentle nis right of persomal liberty, this sine qua now to the en. | States has removed the foundations of that great statute? | *yier7,of the democratic party is history of the su joyment of alt other rights, is recured ty the writ end A Joyment of rights, y of habea* | ¥ reply that they have done no such thing; they could not | at various periocs the policy of the P corpus. This writ, as has before been shown, necessarily doit, They have remanded the negro man Dred Scott to | beeB un’ opposed in New denies the right of property in man, and therefore libe- the illustrious admunistraticn of id the custody of his master. With that decroe wo have | was annexed to this a rates all who are restrained of their liberty on that pre- nothing here, at least nothing now, to do. This isthe ex. | but lite apprabation from the people of New tence, as it does all others that are restrained on grounds tent of the judgment rendered, the extent of any judg. inconsistent with the intended operation of the coustita- f ment they could render. Already the pretended further of the democratic party have been m tion and laws of the United States. arti Araromtben tm Kansis. So it will be inevery |. posed in New England, it is nevertheless this Neat after providing for tho “(public safety, in eases of | free Stato and in every free Territory of the United mi proven tag heen eran. the : A rebellion and inyasien,’’ the maintenance of courts for dis- States. The Su; 10 Court, also, can reverse its pensing the privileges of this writ is the duly iret im order, rendig colt 5.6 nares judgment more easily than we could reconcile the people and fret im imporiamce, Y all ihe duties devolved upon | to tty umurpation. Sir, the Supreme Court of the Tailed | the cee-—wete Impreseed. by the British gov the general government; because, next after life, Mberty | Sale attempts to command the people of the Uniled States to | the American ration. that that is the right most Important in itself; it is also mdiapen- accept the principles that one man can own other men, and it was by a large portion sable to the enjoyment of all the other rights which mene eeadero tra See ieee the general government is established to secure to the Tailude to the ind: nent Treasury tierce people. All the other operations of government, then, Of opposition from New England; and yot if axe works of mere sopererogation until Iberty be first of men more than another have been seoured; they aro nothing but a useless provision of good things for those who cannot partake of them. THE POWER OF THE GOVERNMENT MUST BE RXERTED As the government is bound to dispense its boaciits im Partially to all, i & bound, first of all, after securing « tp public safety, in cases of redellion and invasion,” to secur Tiberty to all. And the whole power of the government ¢ WHETHER IT RECEDES OR NOT, WE SHALL REOOG- NISE THE COURT, AND THUS REFORM IT3 POLITI- CAL SENTIMENTS AND PRACTICES, AND BRING THEM INTO HARMONY WITH THE CONSTITU- TION ANB WITH THE LAWS OF NATURE in doing #0, we shall not only reassume our own jost authority, but we shall restore that high tribunal it- When self to the position it ought to maintain, since so many in. | England, in spite of themselves. * The doctrine existed with Mexico, thore what: to probed: woke Wer aaa ‘valuable rights of citizens, and even of States themselves, fest oppocibon fom Kew Eagan; bat Saas Map eteetaapencns | CPT Setar eat nim Ee is eorkars arora gmmate, with the instead the ; and | nm claime all over what from them was Pierce, of New + (6 Ume to time wrested from him. it is s consisvent Froamixa Ovrrvto rig Laxe on 4 Caxe ov Ice Firrr Mines of tameceen (epiaane) Rane, that such governments have all power exeopt what is pro- | Lorc.—The Green Bay Advocate gives a Shrifing sonount planee) and Seymour, of hibited to them, ‘But where the ‘of the miraculous eacape of Henry Martin, of River, the important political consequences of with Precisely the opposite doctrine is true, | and Isaac Gagnon, of Menominee, who, on the 8d instant, | wae the addition of a large territorial arca to this viz:—That the government has no power except what is | were drifted with their teams on a cake of ice into | with an important frontage on the Pacific ocean; granted to it. the They unbarnessed their horses and let them go, | tlemen, it is « singular and significant fact thet tif, however, they had not known that the existing | and the box offone of the sleds, began travell neral treasures which bad so long lain u Wavery was unconstitutional, and bad proceeded upon the | and dragging i them. Thehorses followed them for | bowels of the carth, were discovered almost mistaken belief that it was constitutional, and had intend. | « long distance, but getting upon some broken ice they | ovtly with the sonexation of California. It ed to recognise it as being #0, such inteated ition | went down. Two hours afterwards one of the horses | our commercis! marine carricd our Ne would have availed nothing; for It is an cstal prin- | swam up to the of joo, and getting his head on it, | manufactures and that living freight ciple, recognized by the ‘Gourt of the United | looked at the men » but ig Americans. who, ailing through th States, that “a legislative act, founded upon a mistaken fone crestare, to its fate. Alter Gates of San Fransieco, gathered from opinion of what was law, does ot gtd oe and being exhausted, they lay pre rg ng lg Papen hh re ° Resogen te ee Th co (OE repeater at the policy of the democratic party from the of partes to the present time, you will find that has been for the benetit of the wh cple and New Foglend e share of ady See Part First; 90 to 84, seo. edition. Also the . under te sixth. Rais of Interpretation," pp “Secoad Rule cited ple count ‘ong and two or three miles wide, and tbe bay on it im one of tho heay’ ued its waters.