s in force, be such a one. But both have
specific provisions inconsistent with slavery. Both purport to be
established by "the people;" both have provisions for the writ of
_habeas corpus_. Indeed, the constitutions of most of the slave states
have provisions for this writ, which, as has been before shown, denies
the right of property in man. That of Tennessee declares also "that all
courts shall be open, and _every man_, for an injury done him in his
lands, goods, person or reputation, shall have remedy by due course of
law, and right and justice administered without sale, denial or delay."
Tennessee also was formerly a part of North Carolina; was set off from
her while the constitution of North Carolina was a free one. Of course
there has never been any legal slavery in Tennessee.

The constitutions of the states of Kentucky, Missouri, Arkansas,
Mississippi, and Alabama, all have provisions about slaves; yet none of
them tell us who may be slaves. Some of them indeed provide for the
admission into their state of such persons as are slaves under the laws,
(which of course means only the _constitutional_ laws,) _of other
states_. But when we go to those other states, we find that their
constitutions have made no designation of the persons who may be made
slaves; and therefore we are as far from finding the actual persons of
the slaves as we were before.

The principal provision, in the several state constitutions, recognizing
slavery, is, in substance, this, that the legislature shall have no
power to _emancipate_ slaves without the consent of their owners, or
without making compensation. But this provision is of no avail to
legalize slavery, for slavery must be _constitutionally established_,
before there can be any legal slaves to be emancipated; and it cannot be
established without describing the persons who may be made slaves.

Kentucky was originally a part of Virginia, and derived her slaves from
Virginia. As the constitution of Virginia was always a free one, it gave
no authority for slavery in that part of the state which is now
Kentucky. Of course Kentucky never had any legal slavery.

Slavery was positively prohibited in all the states included in the
Louisiana purchase, by the third article of the treaty of cession--which
is in these words:--

Art. 3. "The _inhabitants_" (that is, _all_ the inhabitants,) "of the
ceded territory shall be incorporated in the union of the United
States, and admitte