Enlightened by this general survey, we shall be prepared to
consider, _secondly, the true nature of the provision for the rendition
of fugitives from service_, and herein especially the unconstitutional
and offensive legislation of Congress in pursuance thereof.
I.
And now for THE TRUE RELATIONS OF THE NATIONAL GOVERNMENT TO SLAVERY.
These are readily apparent, if we do not neglect well-established
principles.
If slavery be national, if there be any power in the National Government
to withhold this institution,--as in the recent Slave Act,--it must
be by virtue of the Constitution. Nor can it be by mere inference,
implication, or conjecture. According to the uniform admission of courts
and jurists in Europe, again and again promulgated in our country,
slavery can be derived only from clear and special recognition. "The
state of Slavery," said Lord Mansfield, pronouncing judgment in the
great case of Sommersett, "is of such a nature that it is incapable
of being introduced on any reasons, moral or political, but only by
positive law.
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