rwise than by virtue of a written contract,
acts manifestly without "_due process of the law_," and consequently is
liable to the slave's "_action of false imprisonment_," because "_every
man may be free to sue_," &c. so that the slave-holder cannot avail
himself of his imaginary _property_, either by the assistance of the
common law, or of a court of equity, (_except it appears that the said
slave has voluntarily bound himself, without compulsion or illegal
duress_) for in both his suit will certainly appear both unjust and
indefensible. The former cannot assist him, because the statute law at
present is so far from supposing any man in a state of slavery, that it
cannot even permit such a state, except in the two cases mentioned in
the 13th and 14th Section of the Habeas Corpus act; and the courts of
equity likewise must necessarily decide against him, because his mere
mercenary plea of _private property_ cannot equitably, in a case between
_man and man_, stand in competition with that _superior property_ which
every man must necessarily be allowed to have in his own _proper
person_.
How then is the slave-holder to secure what he esteems his _property?_
Perhaps he will endeavour clandestinely to seize the supposed slave, in
order to transport him (with or without _his consent_) to the colonies,
where such property is allowed: but let him take care what he does, the
very attempt is punishable; and even the making over his property to
another for that purpose, renders him equally liable to the severe
penalties of the law, for a bill of sale may certainly be included under
the terms expressed in the Habeas Corpus act, 12th Sect. viz. "_Any
warrant or writing for such commitment, detainer, imprisonment, or
transportation," &c._ It is also dangerous for a counsellor, or any
other person _to advise_ (see the act "shall be advising") such
proceedings, by saying, "_That a master may legally compel him_ (the
slave) _to return again to the plantations_." Likewise an attorney,
notary-public, or any other person, who shall presume to draw up,
negotiate, of even to witness a bill of sale, or other instrument for
such commitment, &c. offends equally against the law, because "_All, or
any person or persons, that shall frame, contrive, write, seal, or
countersign any warrant or writing for such commitment, detainer,
imprisonment, or transportation; or shall be advising, aiding, or
assisting in the same, or any of them_," are liable
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