e master to give his slaves a certain
amount of food and clothing. If it can oblige the master to give the
slave _one_ thing, it can oblige him to give him another: if food and
clothing, then wages, liberty, his own body.
By the laws of Connecticut, slaves may receive and hold property, and
prosecute suits in their own name as plaintiffs: [This last was also the
law of Virginia in 1795. See Tucker's "Dissertation on Slavery," p. 73.]
There were also laws making marriage contracts legal, in certain
contingencies, and punishing infringements of them, ["_Reeve's Law of
Baron and Femme_," p. 340-1.] Each of the laws enumerated above, does,
_in principle_, abolish slavery; and all of them together abolish it in
fact. True, not as a _whole_, and at a _stroke_, nor all in one place;
but in its _parts_, by piecemeal, at divers times and places; thus
showing that the abolition of slavery is within the boundary of
legislation.
5. THE COMPETENCY OF THE LAW-MAKING POWER TO ABOLISH SLAVERY, HAS BEEN
RECOGNIZED BY ALL THE SLAVEHOLDING STATES, EITHER DIRECTLY OR BY
IMPLICATION. Some States recognize it in their _Constitutions_, by
giving the legislature power to emancipate such slaves as may "have
rendered the state some distinguished service, "and others by express
prohibitory restrictions. The Constitution of Mississippi, Arkansas, and
other States, restrict the power of the legislature in this respect. Why
this express prohibition, if the law-making power _cannot_ abolish
slavery? A stately farce, indeed, to construct a special clause, and
with appropriate rites induct it into the Constitution, for the express
purpose of restricting a nonentity!--to take from the law-making power
what it _never had_, and what _cannot_ pertain to it! The legislatures
of those States have no power to abolish slavery, simply because their
Constitutions have expressly _taken away_ that power. The people of
Arkansas, Mississippi, &c., well knew the competency of the law-making
power to abolish slavery, and hence their zeal to _restrict_ it.
The slaveholding States have recognised this power in their _laws_. The
Virginia Legislature passed a law in 1786 to prevent the further
importation of Slaves, of which the following is an extract: "And be it
further enacted that every slave imported into this commonwealth
contrary to the true intent and meaning of this act, shall upon such
importation become _free_." By a law of Virginia, passed Dec. 17, 1792,
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