Footnotes 51-60: William Wiecek, "Chapter 11: Radical Constitutional Antislavery:  The Imagined Past, the Remembered Future" in The Source of Antislavery Constitutionalism in America, (Cornell University Press: 1977)

<fn51> [*261] Weld, Power of Congress, 13; Remarks of Henry B. Stanton ... before the Committee of the House of Representatives of Massachusetts ... (Boston: Isaac Knapp, 1837), 11; Goodell, Views, 97-102; [Spooner], "Legal Basis," 164-167.

<fn52> [*261] "An American Citizen" [Jesse Chickering], Letter Addressed to the President of the United States on Slavery, Considered in relation to the Constitutional Principles of Government in Great Britain and the United States (Boston: Redding & Co., 1855), 1; Spooner, Unconstitutionality, 23, 27-28; Stewart, "New Jersey Argument," 295.

<fn53> [*262] Loosely, "the foundation being Weak, the superstructure collapses."

<fn54> [*262] Richard Hildreth, Despotism in America; An Inquiry into the Nature,Results, and Legal Basis of the Slave-Holding System in the United States (Boston: John P. Jewett, 1854), 203 (this book was originally published in 1840 under a slightly different title); Spooner, Unconstitutionality, 21; Address of the Free Constitutionalists, 17-19.

<fn55> [*262] McLean suggested this hypothetical only to reject the argument summarized in text: Miller v. McQuerry, 17 Fed.  Cas. 335 (No. 9583) (C.C.D.Ohio 1853).  He stated that immemorial custom provided the requisite positive-law basis.

<fn56> [*262] Goodell, Views, 101 (quotation); Goodell, Constitutional Duty, 4-6; Spooner, Unconstitutionality, 32; resolutions offered by Goodell at 1859 Church Anti-Slavery Society convention in Proceedings of the Convention Which Met at Worcester . . . (New York: John F. Trow, 1859), 26.

<fn57> [*263] Spooner, Unconstitutionality, 44, 157-205; Tiffany, Treatise, 47-48; Goodell , Views, 81.

<fn58> [*263] Spooner, Unconstitutionality, 58, 62, 123-124; Tiffany, Treatise, 46, 50; Theodore Parker, The Relation of Slavery to a Republican Form of Government: A Speech Delivered at the New England Anti-Slavery Convention ...(Boston: Kent, 1858), 11; Stewart, "New Jersey Argument" and letter to Liberty Party (1847), in Marsh, ed., Writings of Stewart, 334, 43.

<fn59> [*264] Spooner,Unconstitutionality, 119; Goodell, Address of the Free Constitutionalists, 14.

<fn60> [*264] Mellen, Argument, 61, 129, 125, ch. 2  passim;  Tiffany, Treatise, 9, 1819; "Sixty Years Since," Friend of Man, 11 April 1838.

 

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