izes no legal
inference whatever in regard to slavery.
The rest of the Virginia constitution is eminently democratic. The bill
of rights declares "that all men are by nature equally free and
independent, and have certain inherent rights,"* * * * "namely, the
enjoyment of life and liberty, with the means of acquiring and
possessing property, and pursuing and obtaining happiness and safety."
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repealed, _unless repugnant to some of the principles of the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 descrip
|