Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-26


mere beast OF burthen! Mol You can as little en-
pIoy mere article Of property o slave in the pre-
per junction and capacity of citizen. You may
NOT employ any object which you take for use
winch disagrees with the character in which it is
taken You may take citizens YOU mat take pro-
perty but citizens be put TO the employment.
OF cluzens and property TO the uses OF property.
on cannot enlist, though YOU may ifnrress a
slave. Why not? Because enlistment is a contract,
ana imports free agent The distinction as 10 ti,e,
case OF an apprentice, which has been spoken Of
that he labors only under temporary disability to
make this contract The disability is NOT inheyeps
and incurable-aw may remove it. and then he
becomes citizen capable of making this contract.
Not so with the slave. His is an incapacity q,
distinguished from disability: that is 10 saw IL
permanent 1t is inherent in him as a slave and
no law can remove il until he ceases to be a slave
Inc idea that slaves to be distinguished in an
manner from other property, grows out of misap-
Prehenslon OF the character in which slaves are
regarded by the Constitution. The trainers Of this
instrument evincCi a studious desire to avoid IN
Producing the name. Whenever allusion became
necessary, periphrasis has been resorted to- Bu.
no point OF the Constitution, in its true intent
sustains the idea OF their being regarded in light
different from property. When il speaks of then,
as persons, reference is intended 10 their condi-
ton as human beings and not 10 the artificial le-
gal occupation OF that term, as importing some-
thing different from things the ordinary subjects
OF property. In relation 10 the clause il, which
restraint on the Importation of certain persons
Is intended for term, this is the Uncontrolled i'm
pvt ny peISOIS, are intended those Who were t
be introduced as slaves only, and on whose impor-
tahon duty might be imposed, is ordinarily done
ON property. Human persons are meant, but not
iegai persons Legal persons have rights, duties 81
oDiigaIlons hese attributes the essence of le-
gal persons. Can slave ever have these? Certanb-
not The constitutional regulation in respect to
The census, has been advered to by some gentlemen
by winch three -htths OF the slave population are 10
be added TO the number of free persons IN the
siave-ho,ding States. Does the constitution hy,
that provision recognize slaves as persons in the
legal acceptation: say that it does not and thar
the consideration OF the true purpose of that
article disProVes such idea. Under the old
Confederation there no ratio of representation
Each State was entitled to one vote Ry the Con-
stltution, both the rule of representation and the
rule OF taxation were altered. Under the Comic
deralon the rule OF taxato was derived from real
property only But the value Of real propertv viii
always be relatively greater, amid the dcnser and
more active population of countries without slaves
as compared with those which have them.
L his was the case in the Northern States and
maze a change Of the rule desirable. With thern
there could be objection TO the adoption of rule
from population. The same rule applied 10 the
South, would extend only to our free noplIlatior-
the component elements of our political society,"
mere could be no right to look to any other ex-
cept IN the character of property Here then
the rule would become unequal, and another must
be resorted 10. Writers differ whether the ratio ~
representation should be drawn from taxation ar
population. The trainers of the Constitution a.
dopted population the general standard but
when they came 70 the Southern States they found
that justice required them to adopt a mixed ruts 3
founded partly population and partly on rroner.
and 1t was for this reason and not because slaves
were regarded as legal persons that three-ffhs of
the number OF slaves was allowed to be taken in
10 account Tor the purpose of representation IN no
added to the number of the free inhabitants WbaT
IL the proof? If population solely had been made
the rule, what would have been the result2 SureIv
they must have gone the whole length of the prirI
clpIe, and all the slave population must have been
lie
three-ilithS only should be admitted, if represen-
tation was to be founded on population merely =
re regulation would have been absurd, as well
as unjust, but the authors of the Constitution 49,
lowed 10 the saye-Loiline States all their ronuia4
ton, and addedto this three-fiftls of the amouo>
Ct certain description Of their property | boIE
therefore, that The peculiar immunity which ia.
been commended for in favor Of our slave properey
is not coun'enanced by any just construction of tf
Constitution N
Another topic has been urged-.he usage of nj.
Government On this have only orc word 70
say. IL has, think, been clearly shewn tra+
the gentleman from the Committee of Claims
who introduced the report, (hIr WhittleseyO was
mistaken in point OF fact, when ne endeavored 4,
prove mat there were precedents, showing il hai
not been the usage of this Government 10 paw for
slaves, when impressed into the public service
All the cases which he cited as precedents were
lnaPplicable because no imfressment took place
with the exception one and even in that caee
the damage was not direct, but only cOnseuuentiaF
! which makes it no fair precedent But agreeing
that such has been the usage, the ConstitutioI,
declares that compensation shall be made Cor pro
perry, without any exception, when taken 70.
public use; and if, in relation TO this species nj
property, the usage has been otherwise the max
/ i'm applies HlGlds uSUs G6olendas esse and fhere
! is an end.
Some ofmy Southern friends, for whom cherisf,
a high personal regard, (NIr. Randolph and Mr.,
| Drayton) have been hurried in advance ON tiris
| subIect-a position in which they will ALWAYS be-
found IN the discharge of the tru treJts d in tbe,r
They have said truly, that, if the question of slav
/ property were made here, il ought not to De de-
Dated by Southern men. But, neither is there &C.
casion TO aude TO it with sensibility. yyhen tba
question is not made, but dsclaimed
My chief purpose in addressing the Cornr;tSe
has been, to show that there is DO necessity, ,,f
ever for the least excitement in DISCUSSING tbis
mendmcnf have enjoyed ample opportunities
from service here and other sources ofinCorrnaffn
IN regard 10 Tire North especially TO know tho sen
ifnenis prevailing there on this subject I repder
no more than justice in saying that, in 40 respect
able quarter, have j ever discovered any dfSp0si.
uon To raise question 10 the validity Of slave
property, or as to our right Of undisputcd and ex-
elusive control over the subject Nor are thew IN
aware Of the gischief which would result to them
selves no less than us from any Interference with
this control Should the efforts of a desperate ana
frantic tanaticisrn ever be Tar successful as n,
produce this interference, the disastrous coseoi,
ces will not be confined to the Southern States An
airocous bandit would inest our sear,ps and fas,
ncsser, but so should Lagaroni scarcely Ioeo rsr
nicious, their streets. The civil would pour int,
the Tree States in torrents An that industry which
now supplies consumption and material 10 tl,e en-
tcilll9e OF the North. will be f,oraIy1oJ - ,--r