An Old Practitioner to Frederick Douglass, July 27, 1855

Your personal public enemies of Liberty will not publish the sacred documents named at the head of this article, because such publications would ruin their slavery interests.— Having had reference to an unpublished Law-work now in progress, I address you, Messrs. Editors, not as an Abolitionist, for there is not one person legally held as a slave in the United States—and thus, legally, there is no Slavery to abolish; as you will see plainly if you will take the trouble to read the federal constitution with the acumen and discrimination of a practiced criminal lawyer. You will find the Constitution is a penal statute, appointing certain Executive officers to do certain acts, with provisions for their punishment in cases of malfeasance, individually; and re-enacting the Common Law of Equal Rights, and the unalienable rights of persons with the Common Law remedies for abuses. (Art. 1, Sec. 3, Cl. 17, and add Art. V and X.)

There are three essentially important points of Constitutional law that have been concealed from the body of the people; and are but seldom or never mooted by Lawyers or Politicians, as these points extinguish altogether and preclude their favorite "Domestic Institution," and false assumptions of "State Rights" on that subject, (slavery,) and abrogate all the "Black Laws," and the practice of the United States Courts and officers thereon.

The points are:—1st, That every man is born Equal and Free." (Dec. of Rights and Independence.) The Constitution declares that it was made "to secure the blessings of Liberty to us and our posterity." No State Constitution or law can make any difference between one person and another; all persons are alike Citizens, under a "Republican Constitution," (Art. 4, Sec. 4, and Art. 11, Cl. 2,) which Congress is obliged to guarantee and thus to suppress Slavery where it may be attempted to be practised.

2nd, That "Attainder of Blood shall not in any case take place." "No Bill of Attainder shall be passed." (Art. 1, Sec. 9, Cl. 3, and Sec. 10, Cl. 1.) Hence there cannot be any Hereditary Slave, and all the Black Laws are void ab initio. None can be born to be a slave, nor can any person be reduced to be a slave by any authority, whatsoever, in the United States. All persons are Equal and Free, and Citizens alike, holding equal unalienable Rights and Franchises.

3rd, That no involuntary service can be extorted in the United States, from any person that is not lawfully tried and sentenced in a criminal Court. None are bound to serve where there has not been an express contract made between the parties claiming, and claimed for "Labor and service due." Nothing is due to or from either where no contract with mutual provisions of obligation is produced in Court No person can be held or bound to serve another, but by and upon his own free will and act and deed. Such are our unalienable law and personal rights.

The Constitution (Art. 1, Sec. 2, Cl. 3.) prescribes the description of "those bound to service for a term of years," who alone are held or bound to service at all, and who alone are within the action and operation of (Art. 4, Sec. 2, Cl. 3.) which says "No person held to service or Labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation, therein, be discharged from such service or Labor, but shall be delivered upon claim of he party to whom such service or Labor may be DUE."

If the provision (Art. 4, Sec. 2, Cl. 3,) relied upon by the claimants of runaway slaves, to warrant the slave catching acts, had been intended by the framers of the Constitution to be applicable to the return to the claimant of runaway slaves, it cannot be so applied, for it does not contain one word to such effect; such application is contrary to the enacting part of that clearly written law, which was expressly made to "secure the blessings of Liberty," &c., as well as the Common Law which assures all the unalienable rights of persons. Judge Blackstone remarks, that "when a proviso," (or enactment,) "is at variance with the (object of the) Act," (or law,) "it is null and void."— Kent's commentaries say the same—and so says the Common Law. This might be ruled where the wording is not explicit; but there is no variationbetween the section, Art. 1. Sec. 2, and Art. 4, Sec. 2, Cl. 3. The latter merely followsup the former, "No person held to service or labor," (for a term of years,) "in one State," "shall"—"be discharged from such service."—(viz. for a term of years.) No other service is mentioned nor contemplated in the federal Constitution, and it is so clearly written and set forth. The Constitution must be applied as a whole in every case, and not by parts, texts of a few words, or arbitrary constructions. It is a highly penal Law and must be strictly applied and not construed!

The Supreme Court has decided, as the law is, that a Master legally entitled to claim serviceand labor to himself, cannot transfer that right and make the servant over to another master,—but that on any such attempt to transfer,the servant becomes legally free from his obligation to serve. So no servant can be sold to another person.

There cannot be any slave in the United States! Chief Justice Holt, and Lord Mansfield,have settled that unalienable Common Law, Right of persons. Every human being is entitled to the custody and disposal of his own person. This is the Habeas Corpus. And hence the provision, Art. 1, Sec. 9, Cl. 3.—"The privilege of the writ of Habeas Corpus shall not be suspended," and hence the Judge and officers who deliver up any person as a slave to a claimant, are guilty of a capital felonyas Kidnappers, and subject by the CommonLaw to the penalty of death, without any earthly power to grant pardon, "No expost facto law shall be made," Art. 1, Sec. 10, Cl. 1.

Those persons who oppose Slavery should publish the Constitution and organic Laws of the United States; viz., Magna Charta, the Habeas Corpus, the Bill of Rights, and the Declaration of Independence, which claims and assures all these as the unalienable birth rights of all the people of these States, and should take measures to enforce the existing lawful laws, by obliging the Judges and other public officers to fulfill their oath of office, and uphold and maintain the Constitution, (Art. VI,) or suffer Indictment and punishment for Perjury, which in their case is willful and corrupt in them, to whom the maxim of law, "Ignoramus Leges non excusit" strictly applies.

Yours respectfully,

AN OLD PRACTITIONER.