tion of "laws in force"--and for
this reason, viz. the acts were originally unconstitutional and void, as
being against the charters, under which they were passed; and therefore
never had been _legally_ "in force," however they might have been
actually carried into execution as a matter of might, or of pretended
law, by the white race.
This objection applies to the slave acts of all the colonies. None of
them could be continued under this provision.--None of them, legally
speaking, were "laws in force."
But in particular states there were still other reasons against the
colonial slave acts being valid under the new constitutions. For
instance, South Carolina had no statute (as has before been mentioned,)
that designated her slaves with such particularity as to distinguish
them from free persons; and for that reason none of her slave statutes
were _legally_ "in force."
New-Jersey also was in the same situation. She had slave statutes; but
none designating the slaves so as to distinguish them from the rest of
her population. She had also one or more specific provisions in her
constitution incompatible with slavery, to wit: "That the common law of
England* * * * _shall remain in force_, until altered by a future law
of the legislature; such parts only as are repugnant to the rights and
privileges contained in this charter." (Sec. 22.)
Maryland had also, in her new constitution, a specific provision
incompatible with the acts on her colonial statute book in regard to
slavery, to wit:
"Sec. 3. That the _inhabitants_"--mark the word, for it includes _all_
the inhabitants--"that the _inhabitants_ of Maryland are entitled to the
common law of England, and the trial by jury, according to the course of
that law," &c.
This guaranty, of "the common law of England" to _all_ "the inhabitants
of Maryland," without discrimination, is incompatible with any slave
acts that existed on the statute book; and the latter would therefore
have become void under the constitution, even if they had not been
previously void under the colonial charter.
4. Several of these state constitutions have used the words "free" and
"freemen."
For instance. That of South Carolina provided, (Sec. 13,) that the
electors of that state should be "_free_ white men." That of Georgia
(Art. 11,) and that of North Carolina (Art. 40,) use the term "free
citizen." That of Pennsylvania (Sec. 42,) has the term "free denizen."
These four instances are t
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