that office, the constitution certainly does not recognize
him as a slave.

Persons, who are "citizens" of the United States, according to the
foregoing definitions, are also eligible to the offices of
representative and senator of the United States; and therefore cannot be
slaves.

_Ninth._ The constitution declares that "the trial of all crimes,
except in cases of impeachment, shall be _by jury_."--Also that
"Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and
comfort."

It is obvious that slaves, if we had any, might "levy war against the
United States," and might also "adhere to their enemies, giving them aid
and comfort." It may, however, be doubted whether they could commit the
crime of treason--for treason implies a breach of fidelity, trust or
allegiance, where fidelity, trust or allegiance is due. And it is very
clear that slaves could owe allegiance, trust or fidelity, neither to
the United States, nor to the state governments; for allegiance is due
to a government only from those who are protected by it. Slaves could
owe to our governments nothing but resistance and destruction. If
therefore they were to levy war against the United States, they might
not perhaps be liable to the technical charge of treason; although there
would, in reality, be as much treason in their act, as there would of
any other crime--for there would, in truth, be neither legal nor moral
crime of any kind in it. Still, the government would be compelled, in
order to protect itself against them, to charge them with some crime or
other--treason, murder, or something else. And this charge, whatever it
might be, would have to be tried by a jury. And what (in criminal
cases,) is the "trial by jury?" It is a trial, both of the law and the
fact, by the "peers," or equals, of the person tried. Who are the
"peers" of a slave? None, evidently, but slaves. If, then, the
constitution recognizes any such class of persons, in this country, as
slaves, it would follow that for any crime committed by them against the
United States, they must be tried, both on the law and the facts, by a
jury of slaves. The result of such trials we can readily imagine.

Does this look as if the constitution guarantied, or even recognized the
legality of slavery?

_Tenth._ The constitution declares that "The privilege of the writ of
_habeas corpus_ shall not be sus