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The Anti-Slavery Examiner, Part 2 of 4 by American Anti-Slavery Society
page 21 of 1064 (01%)
subjects of dominion or property are _things_, as contra-distinguished
from _persons_." Let Congress adopt the common law in the District of
Columbia, and slavery there is abolished. Congress may well be at home
in common law legislation, for the common law is the grand element of
the United States' Constitution. All its _fundamental_ provisions are
instinct with its spirit; and its existence, principles, and paramount
authority, are presupposed and assumed throughout the whole. The
preamble of the Constitution plants the standard of the Common Law
immovably in its foreground. "We, the people of the United States, in
order to ESTABLISH JUSTICE, &c., do ordain and establish this
Constitution;" thus proclaiming _devotion_ to JUSTICE, as the
controlling motive in the organization of the Government, and its secure
establishment the chief object of its aims. By this most solemn
recognition, the common law, that grand legal embodyment of "justice"
and fundamental right--was made the groundwork of the Constitution, and
intrenched behind its strongest munitions. The second clause of Sec. 9,
Art. 1; Sec. 4, Art. 2, and the last clause of Sec. 2, Art. 3, with
Articles 7, 8, 9, and 13 of the Amendments, are also express
recognitions of the common law as the presiding Genius of the
Constitution.

By adopting the common law within its exclusive jurisdiction Congress
would carry out the principles of our glorious Declaration, and follow
the highest precedents in our national history and jurisprudence. It is
a political maxim as old as civil legislation, that laws should be
strictly homogeneous with the principles of the government whose will
they express, embodying and carrying them out--being indeed the
_principles themselves_, in preceptive form--representatives alike of
the nature and power of the Government--standing illustrations of its
genius and spirit, while they proclaim and enforce its authority. Who
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