e to pass such laws as may be
necessary to secure the _humane_ treatment of the slaves. This grant to
those legislatures, empowers them to decide what _is_ and what is _not_
"humane treatment." Otherwise it gives no "power"--the clause is mere
waste paper, and flouts in the face of a befooled legislature. A clause
giving power to require "humane treatment" covers all the _particulars_
of such treatment--gives power to exact it in _all respects--requiring_
certain acts, and _prohibiting_ others--maiming, branding, chaining
together, separating families, floggings for learning the alphabet, for
reading the Bible, for worshiping God according to conscience--the
legislature has power to specify each of these acts--declare that it is
not "_humane_ treatment," and PROHIBIT it.--The legislature may also
believe that driving men and women into the field, and forcing them to
work without pay, is not "humane treatment," and being Constitutionally
bound "to _oblige_" masters to practise "humane treatment"--they have
the power to _prohibit such_ treatment, and are bound to do it.

The law of Louisiana makes slaves real estate, prohibiting the holder,
if he be also a _land_ holder, to separate them from the soil.[A] If it
has power to prohibit the sale _without_ the soil, it can prohibit the
sale _with_ it; and if it can prohibit the _sale_ as property, it can
prohibit the _holding_ as property. Similar laws exist in the French,
Spanish, and Portuguese colonies.

[Footnote A: Virginia made slaves real estate by a law passed in 1705.
(_Beverly's Hist. of Va_., p. 98.) I do not find the precise time when
this law was repealed, probably when Virginia became the chief slave
breeder for the cotton-growing and sugar-planting country, and made
young men and women "from fifteen to twenty-five" the main staple
production of the State.]

The law of Louisiana requires the 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