CHAPTER V.

THE DECLARATION OF INDEPENDENCE.

Admitting, for the sake of the argument, that prior to the revolution,

slavery had a constitutional existence, (so far as it is possible that

crime can have such an existence,) was it not abolished by the

declaration of independence?

The Declaration was certainly the constitutional law of this country for

certain purposes. For example, it absolved the people from their

allegiance to the English crown. It would have been so declared by the

judicial tribunals of this country, if an American, during the

revolutionary war or since, had been tried for treason to the crown. If,

then, the declaration were the constitutional law of the country for

that purpose, was it not also constitutional law for the purpose of

recognizing and establishing, as law, the natural and inalienable right

of individuals to life, liberty and the pursuit of happiness? The

lawfulness of the act of absolving themselves from their allegiance to

the crown, was avowed by the people of the country--and that too in the

same instrument that declared the absolution--to rest entirely upon, and

to be only a consequence of the natural right of all men to life,

liberty and the pursuit of happiness. If, then, the act of absolution

was lawful, does it not necessarily follow that the principles that

legalized the act, were also law? And if the country ratified the act of

absolution, did they not also necessarily ratify and acknowledge the

principles which they declared legalized the act?

It is sufficient for our purpose, if it be admitted that this principle

was the law of the country at that particular time, (1776)--even though

it had continued to be the law only for a year, or even a day. For if it

were the law of the country even for a day, it freed every slave in the

country--(if there were, as we say there were not, any legal slaves then

in the country.) And the burden would then be upon the slaveholder to

show that slavery had _since_ been _constitutionally_ established. And

to show this, he must show an express _constitutional_ designation of

the particular individuals, who have since been made slaves. Without

such particular designation of the individuals to be made slaves, (and

not even the present constitutions of the slave States make any such

designation,) all constitutional provisions, purporting to authorize

slavery, are indefinite, and uncertain in their application, and for

that reason void.

But again. The people of this country--in the very instrument by which

they first announced their independent political existence, and first

asserted their right to establish governments of their own--declared

that the natural and inalienable right of all men to life, liberty and

the pursuit of happiness, was a "_self-evident truth_."

Now, all "_self-evident truths_," except such as may be explicitly, or

by necessary implication, denied, (and no government has a right to deny

any of them,) enter into, are taken for granted by, and constitute an

essential part of all constitutions, compacts and systems of government

whatsoever.--Otherwise it would be impossible for any systematic

government to be established; for it must obviously be impossible to

make an actual enumeration of all the "self-evident truths," that are to

be taken into account in the administration of such a government. This

is more especially true of governments founded, like ours, upon

contract. It is clearly impossible, in a contract of government, to

enumerate all the "self-evident truths" which must be acted upon in the

administration of law. And therefore they are _all_ taken for granted,

unless particular ones be plainly denied.

This principle, that all "self-evident truths," though not enumerated,

make a part of all laws and contracts, unless clearly denied, is not

only indispensable to the very existence of civil society, but it is

even indispensable to the administration of justice in every individual

case or suit, that may arise, out of contract or otherwise, between

individuals. It would be impossible for individuals to make contracts at

all, if it were necessary for them to enumerate all the "self-evident

truths," that might have a bearing upon their construction before a

judicial tribunal. All such truths are therefore taken for granted. And

it is the same in all compacts of government, unless particular truths

are plainly denied. And governments, no more than individuals, have a

right to deny them in any case. To deny, in any case, that "self-evident

truths" are a part of the law, is equivalent to asserting that

"self-evident falsehood" is law.

If, then, it be a "self-evident truth," that all men have a natural and

inalienable right to life, liberty and the pursuit of happiness, _that

truth_ constitutes a part of all our laws and all our constitutions,

unless it have been unequivocally and authoritatively denied.

It will hereafter be shown that this "self-evident truth" has _never

been denied_ by the people of this country, in their fundamental

constitution, or in any other explicit or authoritative manner. On the

contrary, it has been reiterated, by them, annually, daily and hourly,

for the last sixty-nine years, in almost every possible way, and in the

most solemn possible manner. On the 4th of July, '76, they collectively

asserted it, as their justification and authority for an act the most

momentous and responsible of any in the history of the country. And this

assertion has never been retracted by us, as a people. We have virtually

re-asserted the same truth in nearly every state constitution since

adopted. We have virtually re-asserted it in the national constitution.

It is a truth that lives on the tongues and in the hearts of all. It is

true we have, in our practice, been so unjust as to withhold the

benefits of this truth from a certain class of our fellow men.--But,

even in this respect, this truth has but shared the common fate of other

truths. They are generally allowed but a partial application. Still,

this truth itself, _as a truth_, has never been denied by us, _as a

people_, in any authentic form, or otherwise than impliedly by our

practice in particular cases. If it have, say when and where. If it have

not, it is still law; and courts are bound to administer it, as law,

impartially to all.

Our courts would want no other authority than this truth, thus

acknowledged, for setting at liberty any individual, other than one

having negro blood, whom our governments, state or national, should

assume to authorize another individual to enslave. Why, then, do they

not apply the same law in behalf of the African? Certainly not because

it is not as much the law of his case, as of others. _But it is simply

because they will not._ It is because the courts are parties to an

understanding, prevailing among the white race, but expressed in no

authentic constitutional form, that the negro may be deprived of his

rights at the pleasure of avarice and power. And they carry out this

unexpressed understanding in defiance of, and suffer it to prevail over,

all our constitutional principles of government--all our authentic,

avowed, open and fundamental law.

The Unconstitutionality of Slavery · 第 5 / 14 章