d for centuries used the word "free" as describing
persons possessing citizenship, or some other franchise or peculiar
privilege--as distinguished from aliens, and persons not possessed of
such franchise or privilege. This law, and this use of the word "free,"
as has already been shown, had been adopted in this country from its
first settlement. The colonial charters all, (probably without an
exception,) recognized it. The colonial legislation generally, if not
universally, recognized it. The state constitutions, in existence at the
time the constitution of the United States was formed and adopted, used
the word in this sense, and no other. The Articles of Confederation--the
then existing national compact of union--used the word in this sense,
and no other. The sense is an appropriate one in itself; the most
appropriate to, and consistent with the whole character of the
constitution, of any of which the word is susceptible. In fact, it is
the only one that is either appropriate to, or consistent with, the
other parts of the instrument. Why, then, is it not the legal meaning?
Manifestly it _is_ the legal meaning. No reason whatever can be given
against it, except that, if such be its meaning, _the constitution will
not sanction slavery_! A very good reason--a perfectly unanswerable
reason, in fact--in favor of this meaning; but a very futile one against
it.

It is evident that the word "free" is not used as the correlative of
slavery, because "Indians not taxed" are "excluded" from its
application--yet they are not therefore slaves.

Again. The word "free" cannot be presumed to be used as the correlative
of slavery--because slavery then had no _legal_ existence. The word must
obviously be presumed to be used as the correlative of something that
did _legally_ exist, rather than of something that did not legally
exist. If it were used as the correlative of something that did not
legally exist, the words "all other persons" would have no legal
application. Until, then, it be shown that slavery had a legal
existence, authorized either by the United States constitution, or by
the then existing state constitutions--a thing that cannot be shown--the
word "free" certainly cannot be claimed to have been used as its
correlative.

But even if slavery had been authorized by the _state_ constitutions,
the word "free," in the United States constitution, could not have been
claimed to have been used as its correlative, unless it had