The Online Library of Liberty

A project of Liberty Fund, Inc.

• Note to Second Edition.
• Address.
• I.
• II.
• III.
• IV.
• V.
• VI.
• VII.
• VIII.
• IX.
• X.
• XI.
• XII.
• XIII.
• XIV.
• XV.
• XVI.
• XVII.
• XVIII.
• XIX.
• XX.
• XXI.
• XXII.
• XXIII.
• XXIV.

II.

We repeat, that the true issue before the country—the one which sooner or later must be met—is nothing less than this: Shall any portion of the people of the United States be held as property at all?

So far as the practical solution of this question depends upon existing political institutions, it depends mainly upon the constitution of the United States.

If the constitution of the United States—“the supreme law of the land”—declares A to be a citizen of the United States (we use the term citizen in its technical sense) then, constitutionally speaking, he is a citizen of the United States everywhere throughout the United States,—“any thing in the constitution or laws of any State to the contrary notwithstanding;” and no State law or constitution can depose him from that status, or deprive him of the enjoyment of the least of those rights, which the national constitution guarantees to the citizens of the United States.

If, on the other hand, that same “supreme law” declares him to be property, then, constitutionally speaking, he is property everywhere under that law; and his owner may, by virtue of that law, carry him, as property, into any and every State in the Union, and there hold him as a slave forever,—“any thing in the constitutions or laws of such States to the contrary notwithstanding.”

There can, therefore, be no such distinction made between the States, as that of free and slave States. All are alike free, or all are alike slave, States. They must all necessarily be either the one or the other; since the constitution of the United States, being “the supreme law” over all alike, must necessarily determine, in all alike, the status of each individual therein, relative to that “supreme law.” In other words, the constitution of the United States, and not any constitutions or laws of the States, must determine, in the case of each and every individual, whether he be a citizen of the United States, and entitled to the benefits and protection of the national government, or not. If it determines that any particular person is a citizen of the United States, entitled to the benefits and protection of the national government, then certainly he cannot be deprived of such citizenship, or of the protection and benefits which that citizenship implies, by any subordinate or State government; for, in that case, the constitution of the United States would not be “the supreme law of the land.” If, on the contrary, the constitution of the United States determines that any particular individual (native or naturalized) is not a citizen of the United States, nor entitled to the benefits and protection of the national government, it can do so only because it has itself declared him to be property; since that is the only cause that can prevent his being a citizen of the United States, and entitled, as such citizen, to the benefits and protection of the government of the United States. The declaration of no subordinate law, that he is property, can break the force of that “supreme law,” which declares everybody (native and naturalized) a citizen, whom it does not itself declare to be a slave.

The government of the United States cannot act directly upon the State governments, as governments, requiring them to do this, and forbidding them to do that. It must, therefore, act directly upon individuals; else it cannot act at all. It is practically a government only so far as it does operate upon individuals. It must necessarily know, by virtue of the United States constitution, the individuals upon whom it is to operate; otherwise it would be in the situation of a government not knowing its own citizens, and consequently not knowing to whom its own duties were due.

The rights, which the general government secures to the people, are as much personal rights, and come home to each separate individual as directly and fully as do the rights secured to them by the State governments. And the rights secured to the people by the national government, as much imply personal liberty, on the part of the people, as do the rights secured to them by the State governments; for, without personal liberty, the former rights can no more be enjoyed than the latter. Hence the indispensable necessity that the general government should know, for itself, independently of the State governments, who are, and who are not (if any are not) citizens of the United States; for otherwise, we repeat, it cannot know to whom its own duties are due.

To say that it rests with the State governments to decide upon whom the United States government shall act, or upon whom it shall confer its protection or benefits, is equivalent to saying that “the supreme law” is dependent upon the arbitrary will of subordinate laws, for permission to operate at all as a law. It is consequently equivalent to saying that the subordinate law may nullify the supreme law, and exclude it from a State altogether, by simply declaring that no persons whatever, within the State, shall be citizens of the United States; and consequently that there shall be no persons, within the State, upon whom the supreme law can operate, or upon whom it shall confer its benefits.

We repeat the proposition, that, if the State constitutions or laws can determine who may, and who may not, be citizens of the United States, and enjoy the benefits of the United States government, each State may nullify the constitution, government, and laws of the United States, within such State, by declaring that there shall be, within the State, no citizens of the United States, to enjoy those benefits, or upon whom the laws of the United States shall operate.

It is, therefore, indispensable to the existence and operation of the government of the United States, that the constitution of the United States shall itself determine upon whom the United States government shall operate, and who are its citizens, “any thing in the constitutions or laws of the States to the contrary notwithstanding;” and that the State laws and constitutions shall be allowed to have nothing to do with the matter.

To say that a State can make a man a slave, is only another mode of saying that a State can deprive the United States of a citizen, and abolish the government of the United States, so far as that citizen is concerned. And to say that a State can deprive the United States of one citizen, is equivalent to saying that a State can deprive the government of the United States of all its citizens, within the State. And to say that a State can deprive the government of the United States of all its citizens, within the State, is equivalent to saying that the State can entirely abolish the United States government, within such State. This is the necessary conclusion of the doctrine, that the States can make a slave of any individual, who would otherwise be a citizen of the United States.

If all the people of the States were made slaves, plainly the United States government would have no citizens, upon whom it could operate; and it would, therefore, be virtually abolished. And, in just so far as the people of the United States are made slaves, in just so far is the United States government abolished.

This whole theory, therefore, that the States have a right to make slaves of the people of the United States, is nothing less than a theory that the States have the right to abolish the government of the United States, by withdrawing individuals from the operation of its laws.

To say, as is constantly done, that the United States constitution “recognizes,” as slaves, those whom the States may declare to be slaves, is equivalent to charging the constitution with the absurdity of recognizing the right of the States to make slaves of the citizens of the United States. And to say that the constitution of the United States recognizes the right of the States to make slaves of the citizens of the United States, is equivalent to charging it with the absurdity of actually recognizing the right of each separate State to abolish the government of the United States, within such State.

It therefore results that the constitution of the United States, “the supreme law of the land,” must necessarily fix the status of every individual relatively to that law; and that, in fixing the status of each and every individual, relatively to that law—that is, in determining whether an individual shall be a citizen of the United States or not,—it necessarily fixes his status as a freeman, or a slave.

And it necessarily does this independently of, and in defiance of, any subordinate or State law; for otherwise it could not be “supreme.”

To say that the national constitution is “the supreme law of the land,” and yet that it depends upon each of thirty-three State governments to say upon whom that supreme law shall operate, or whom it shall protect, is as absurd as it would be to say that one man is an absolute monarch over thirty-three States, and yet that he is wholly dependent upon the consent of thirty-three subordinate princes, for permission to rule over his own subjects.

If the constitution, laws, and government of the United States are to be limited, in their operation within each State, to such individuals as the States respectively may designate, then each State may, so far as its own territory is concerned, determine who may, and who may not, send and receive letters by the United States mail; who may, and who may not, go into a United States custom-house for purposes of commerce; who may, and who may not, go into a United States court-house; and so on. If this were the true relation between our general and State governments, then the United States constitution, instead of declaring that “this constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding,” ought to have declared that this constitution, and the laws and treaties made by the United States in pursuance thereof, shall have effect, within each State, only so far as such State shall consent, or only upon such individuals as such State shall designate.