Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-11-10


But the question is not whet her the provisions
of "A constitution are enacted with bad sense OF
bad taste, but whether that insi, uinept is, up
ON the whole, such as may rghtfniy pass the
| ordeal of congress. would, In the first place.
observe, that il is not fair TO point out the oh.
ioXioms parts OF such a charter, and to leave
nnnoticed such as may possibly. redeem it,
From the observations that have been made
| on the Missouri constitution, one would be led
To suppose that IL was conceived in a spirit re-
pngnant To The principles OF repablicanism aud
christanity,-ihat II was in fact, tissue OF in
humanity and impocy. How far this repre-
sentation OF il is correct, will be seen by few
extracts that shall make: I" The general as.
sembly shall have power TO pass laws, to pro-
libit the introduction of any slave into this
state. for the purpose OF speculation, or as an
article of trade or meI chandse TO prohibit the
introduction Of any s!dre. or the offspring IF any
Stare wko heretofore may hdre been. ,rho here
Sfte' may be, imported from amy foreign country
INTO the United States, or Any trrritory thereof,
an c0ntrarentioa Of any eriSfing statute Of the
Caiied States: and TO permit the owners OF
slaves 10 emancipate them saving the rights of
will give security that the slave SO .mancipa.
ted shall not become public charge Arr III.
Sect 20. The same secton makes il the duiy
OF the general assembly, TO passlsws' :. TO obi,ge
ity, and to abstain from all iuIu,ies TO them ex.
tending TO life or limb" In the next section,
We fluid the following provision: In prosecu
tons for crimes, slaves shall not be deprived
rieted Of capital oGrnce shall suffer the same
degree of punishment, und no other tlun tpouid he
inflicted on white person for similar c1ence
and courts Of justice, before whom sares shall be
tieG, shall assign them counsel for their dsftnce.
Sect. 70. % Any person who shall maiiciousiy
deprire IF life or aisnenber siare shall suffer
such punishment as rouid lie Unlisted for the like
cgenee y It mere committed on a free ~hiie per-
son surely these provisions display no very
inhunan spirit towards the slave population.
They are carefully guarded from bodily injury
a iair trial Is secured TO them ami, from the
provision respecting equality of punishment.
we have a right To believe that the dreadful
spectacle OF bRruing humaB being will not
BIC witnessed in Missouri as il has be en- recent.
ly in one Of the old Thirteen states" The
moral Improvement OF the whites seems aiso
not TO have been forgotten in this constitutions
Article vi. Sect I. &" Schools and the means
OF education, shall forever be encouraged in
this state; the funds arising from landssrani.
ed bs the United States, for the support of
schools, are To he applied in strict conformity
to the object of the grant: aud one school
or more shall be established in each township,
as soon as practicable and necessary, where
The poor shall be taught gratis" Sect. 2.
| Meaaures shall lie taken for the Improvement
OF such lands as may be granted for the sup.
port of seminary of learning. The declara-
ton of rights, snbjOined TO this instrument,
recognises and establishes " all the great and
! essential principles of liberty and free go-
vernmeai" la every respect, save in those
provisions which are held 10 interfere with its
| appears Ia me 10 have doue herself credit by
her constitution.
In the next place, il Missouri is 10 he admit
| ted without any restriction upon the right.
OF holding slaves. (and II the principles of the
| compromise be adhered TO, she must be so al
| miited.) IL is not easy 10 understand why she
| may not lawfully prescribe terms for their e.
mancipa,iOn. Ii she is 10 he admitted OH the
same footing as her sister states. and she asks
no more, she has equal right with them TO
| prohibit emancipation withaut the consent Of
| the owner of the slave. The constitution Of
| Georgia, made in l79S, restricts the power of
the legislature still more closely ON this point.
| Those Of Kentucky mississippi and Alu5atna re-
strict The legislature an precisely tie sume terms.
Ii is evident that the clause which the enemies
| OF compromise appear now 10 consider so OBJ
| nOxious, was copied literally from the consti-
tutious OF the latter states, whirh were all sub
| miited 10 congress for their APPRECIATION, and
| received the unconstitutional sanction of that
| body. II the three states have named, were
| admitted, wi,ii0ut difficulty OF objection
what reason is there for discrimination in
| the case of Missonril
| But. il seems the provision respecting free
NEGROES and ninlatttoes, is in violation of that
| article or the federal constitution which de
/ clares Art. Nv Sect. ., that" the citizens of
each state shall be entitled TO all the privileges
| and immani,ies of citizens in the several
states :" and consequently, tina until the pyo.
| hih,ion of the settling of that description of
| persons in the state be repealed, Missouri cam
| not be admitted. Now, the first thing to he
| remarked upon this article of tho constitution
OF the United States. is, that it never has been
| and never can be, literally enforced, until a
complete ama!gamatiOn be mnde OF the laws
| and customs Of the different states 1.-THE
| right and immuDiiies of citizenship differ
| widelyin almost every state. A citizen nf one
has the right of holding slaves citizen Of
| another has the privilege OF voting for repre-
| sentatives, without possessing freehold pro-
| perty,or even paying taxes; citizen of third
| state mas have an immunity from service in
\ L IA i'm -
| Their OF these cases, the privilege of citizen
| ship went along with the individual into every
| other state To which he thought proper 10 en-.
| igrate. 10 preserve, as much possible, to
| the states. the right of managing their own
| municipal concerns, IL is necessary that this
| provision of the constitution should not be
| eNten drd inits operation beyond what neces.
| SItv requires
TO understand fully the bearing ola consti-
| t1tonai or legitimate provision, ii is proper to
| iHquire iuio the object its authors had in view,
and the practice that has obtained under it,
| With The knowledge wc possess of the opinions
| and views OF the southern members of the
| convention. it il difficult 10 believe that il
! cOnid have been their intention To include free
| negroes among the number of citizens 10 which
this clause of the constitution refers. II was,
az ii still is, their policy 20 shut t!Irm out from
their confines. Nothing could be more dan
| geTous TO their power over the slaves than
the residence among them of free negroes,
with the privileges of cItilens. The greater
the privileges and Ii1,nnnities beloved on
This class by same of the" free states" the
stronger reason wonld there be for the . slave
states" 10 refuse them an equality of privilege.
Ii would seem probable. therefore, that the
| only ObIect contemplated 10y the constitution,
was the placing tho white citizens of each
state on the same footing, TO a certain extent.
That This is the true construction OF the article
| appears from all the proceedings that have ia
ken place since the formation OF the ccnstitu-
ton liz many states broad distinction has
beenmade between white Il free negroes, which
4 I,aN..
within the clause i'm question. is totally nntena-
BILE In the constitutions of some OF the original