Sovereignty does consent to their transition from a Territorial to a State Organization, it must necessarily consent, nay more it guarantees, that the New Government shall be a Popular one; that is, a Government, or Sovereignty, established under a Constitution framed and adopted by the people who are to be ruled under it, acting freely, and without any hostile compulsion, hindrance, or restraint whatsoever. Any other theory than this would be fatal to the preservation of this Union, without any reference to the question of Slavery.

Thus much I have ventured by way of Preface or introduction to this work, although I may make some repetition of what I have here said in treating of these principles in their bearing upon Slavery in the United States. The whole subject is one which ought to be more carefully pondered over, and clearly understood, by our statesmen and politicians of the present day, as well as by the people in all parts of the country: And if I may hereby contribute towards its elucidation in any degree I shall not regret having attempted it.

HENRY SHERMAN.

HARTFORD, CT., Nov. 1st, 1858.

B

CONTENTS.

CHAPTER I.

SLAVERY UNDER THE CONSTITUTION.

INTRODUCTION--Slavery in the Original States-The Declaration of Independence-The Confederation-The Ordinance of 1787The Constitution-The Compact of the Confederation and Slavery-The Ordinance of 1787 and Slavery-The Ordinance of 1787 and the Constitution-The Constitution and SlaveryThe Constitution, the Ordinance of 1787, and Slavery-The Protective Law of 1793-The Constitution and the Protective Law of 1793-The Constitution, the Protective Law of 1793, and Slavery-The Constitution and the admission of New StatesThe Constitutional theory of the recognition of Slavery-Restrictive Acts of Congress from 1794 to 1820-The purchase of the Louisiana Territory-Its relations to Slavery-Act distributing the Territory-Its restrictions upon Slavery-The Convention with France and Slavery in said Territory-Character of the Compact-Act of 1805 in relation to said Territory—The Admission of the State of Louisiana-Organization of the Missouri Territory-Admission of Mississippi-Alabama-Ohio-IndianaIllinois, and Slavery-The Admission of Louisiana and SlaveryExtent of the Constitutional recognition of Slavery:

CHAPTER II.

SLAVERY OUTSIDE OF THE CONSTITUTION.

page 9.

Sovereignty under the Confederation-Sovereignty under the Constitution-The Constitutional National Sovereignty-Recognition of Slavery under the Constitution-The National Sovereignty outside

of the Constitution-Source of its Supremacy over the New Territory-Admission of New States by it-Its power over SlaveryApplication of Missouri for admission into the Union—Nature of the application-Its history-The Compact for her admission— Its unconstitutionality-Its nature and relations to SlaveryThe resolution of admission-The Annexation and admission of Texas-Nature of the Compact-Its unconstitutionality-Its relations to Slavery-The acquisition of foreign Territory from Mexico-Its relations to Slavery-The Compromise Measures of 1850— Their nature and relations to Slavery-The Protective Law of 1850:

page 61.

CHAPTER III.

THE REPEAL OF THE MISSOURI COMPACT.

Character of the National Sovereignty of the United States on the admission of Missouri-The Compact with Missouri—Its repeal— The effect upon Slavery-Opinion of the Supreme Court in the Dred Scott Case-Its relations to Slavery-Rule laid down for the construction of the Constitution-Its general applicability-Its relation to the powers of Congress in the New Territory-In the admission of New States formed out of it-Over Slavery in said Territory and New States-Effect of the Repeal of the Missouri Compact in 1854-The enforcement of the Protective Law of 1850-Effect of the Repeal and the Opinion of the Supreme Court upon Slavery-Nature of the Compromise Compacts-Their importance to Slavery-Reasons for the Repeal of the Missouri Compact applicable to the Compact with Texas-To the Compromise Measures of 1850-So also of the ruling of the Supreme Court-Source of the Supremacy of the Government over the New Territory defined by it-This Supremacy the basis of the Compromises in relation to Slavery-The Compromises the only reliance of Slavery-Importance of good faith in their observance The further extension and recognition of Slavery-The necessity of concession and conciliation-The Common National standpoint-Paramount importance of the Union to the cause of freedom and humanity-Conclusion: .

page 140.

SLAVERY IN THE UNITED STATES,

ITS

NATIONAL RECOGNITION AND RELATIONS,

FROM THE ESTABLISHMENT OF THE CONFEDERACY TO THE PRESENT TIME.

CHAPTER I.

SLAVERY UNDER THE CONSTITUTION.

I.

THERE is, perhaps, no subject which presents itself to the consideration of every citizen of our Republic, at the present day, with more especial interest than the subject of African or Negro Slavery. And there is none which, in its national aspects and relations, is, generally, so little understood. If, as in the original States, its recognition and extension were restricted to the natural increase of an existing slave population as the only source of supply, it could not create any material apprehension. But the extension of our national domain and sovereignty beyond its original constitutional limit, by the acquisition of foreign territory, and its liability to be in like manner still farther extended, thus introducing continually within our national jurisdiction an additional