the exception of the sixth article which prohibits
slavery_; thus conceding, both the competency of law to abolish slavery,
and the power of Congress to do it, within its jurisdiction. Besides,
these acts show the prevalent belief at that time, in the slaveholding
States, that the general government had adopted a line of policy aiming
at the exclusion of slavery from the entire territory of the United
States, not included within the original States, and that this policy
would be pursued unless prevented by specific and formal stipulation.
Slaveholding states have asserted this power _in their judicial
decisions._ In numerous cases their highest courts have decided that if
the legal owner of slaves takes them into those States where slavery has
been abolished either by law or by the constitution, such removal
emancipates them, such law or constitution abolishing their slavery.
This principle is asserted in the decision of the Supreme Court of
Louisiana, in the case of Lunsford _vs._ Coquillon, 14 Martin's La.
Reps. 401. Also by the Supreme Court of Virginia, in the case of Hunter
_vs._ Fulcher, 1 Leigh's Reps. 172. The same doctrine was laid down by
Judge Washington, of the United States Supreme Court, in the case of
Butler _vs._ Hopper, Washington's Circuit Court Reps. 508. This
principle was also decided by the Court of Appeals in Kentucky; case of
Rankin _vs._ Lydia, 2 Marshall's Reps. 407; see also, Wilson _vs._
Isbell, 5 Call's Reps. 425, Spotts _vs._ Gillespie, 6 Randolph's Reps.
566. The State _vs._ Lasselle, 1 Blackford's Reps. 60, Marie Louise
_vs._ Mariot, 8 La. Reps. 475. In this case, which was tried in 1836,
the slave had been taken by her master to France and brought back; Judge
Mathews, of the Supreme Court of Louisiana, decided that "residence for
one moment" under the laws of France emancipated her.
6. _Eminent statesmen, themselves slaveholders, have conceded this
power_. Washington, in a letter to Robert Morris, dated April 12, 1786,
says: "There is not a man living, who wishes more sincerely than I do,
to see a plan adopted for the abolition of slavery; but there is only
one proper and effectual mode by which it can be accomplished, and that
is by _legislative_ authority." In a letter to Lafayette, dated May 10,
1786, he says: "It (the abolition of slavery) certainly might, and
assuredly ought to be effected, and that too by _legislative_
authority." In a letter to John Fenton Mercer, dated Sept. 9,
|