5. THE COMPETENCY OF THE LAW-MAKING POWER TO ABOLISH SLAVERY, HAS BEEN
RECOGNIZED BY ALL THE SLAVEHOLDING STATES, EITHER DIRECTLY OR BY
IMPLICATION. Some States recognize it in their _Constitutions_, by
giving the legislature power to emancipate such slaves as may "have
rendered the state some distinguished service," and others by express
prohibitory restrictions. The Constitution of Mississippi, Arkansas, and
other States, restrict the power of the legislature in this respect. Why
this express prohibition, if the law-making power _cannot_ abolish
slavery? A stately farce indeed, with appropriate rites to induct into
the Constitution a special clause, for the express purpose of
restricting a nonentity!--to take from the law-making power what it
_never had_, and what _cannot_ pertain to it! The legislatures of those
States have no power to abolish slavery, simply because their
Constitutions have expressly _taken away_ that power. The people of
Arkansas, Mississippi, &c. well knew the competency of the law-making
power to abolish slavery, and hence their zeal to _restrict_ it.

The slaveholding States have recognised this power in their _laws_.
Virginia passed a law in 1786 to prevent the importation of Slaves, of
which the following is an extract: "And be it further enacted that every
slave imported into this commonwealth contrary to the true intent and
meaning of this act, shall upon such importation become _free_." By a
law of Virginia, passed Dec. 17, 1792, a slave brought into the state
and kept _there a year_, was _free_. The Maryland Court of Appeals,
Dec., 1813 [case of Stewart vs. Oakes,] decided that a slave owned in
Maryland, and sent by his master into Virginia to work at different
periods, making one year in the whole, became _free_, being
_emancipated_ by the above law. North Carolina and Georgia in their acts
of cession, transferring to the United States the territory now
constituting the States of Tennessee, Alabama and Mississippi, made it a