Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-12

the slave holder. The gentleman i.on Alabama
thought now the proper time 10 settle the
question. Sir, the question has long since been
settled. If understood the gentleman from
South carolina, he sccned % think that this
Nonso had right power 20 settle ~, question,
and could not, so long the Constitution ana COME
iieracy under it, should exist. He did not mean,
presume, that the citizens of the South-!hat
bigh-minded, gallant, and patriotic PEOPLE, would
not submit TO decision of this House. lie
did not mean TO be understood 1presune, that if, for
the purpose of making proper disposition OF this
amendment IL should be decided that slave is not
property. in the absolute, unqualified sens of the
term, Sat then il would be high time, in the lam
Guagc OF learned Doctor OF the South, 10 inquire,
of what benefit TO US is our Unions He undoubtcd-
~ meant that the question had long since been de-
'lidcd by the Constitution. by the slave holding
States, and by the opinions of the first Of the
South, and therefore il not 10 be doubted; and
in this, Sir, l entirely agree BY the national
compact slaves for certain purposes considered
"a persons, and, for certain purposes, property
1t IS hxcdprinciple III the Constitution, that rep
rcsent1tion is based numbers, and not OH wealth.
In the apportionment Of the representation III Con-
Ercss, amongst the several States, under the Con-
e'itution, tins principle was maintained, by adding
the free white population, three-iifhs all other
" persons" What persons? So anxious were the
venerable trainers Of the Constitution 10 avoid of
fence so studous were they TO treat subject, ofu
of embarrassment, with the utmost deicacy, that
they cautiously omitted the " ord " Slave" So in
the 9Th section OF the first article, they called
persons" Would 10 God, Sir, that the same ten
tcrness of the feelings of others, and the anx
icty to avoid offence. Were more the characteristics
of more modern politicians. Then, shall we hear
no more OF Southern nabobs and Southern negro
urivers--namcs used for the purpose OF party ex-
cicment, and of arraying The passions s prejudiccS
OF one portion of our country against another.-
That slavery is an evil, there be differ
ence Of opinion. But the Constitution found us IL
the possession Of slaves; il has recognised them
an effective portion OF our population, and il is
enough for US 10 know, so far as humanity is con-
hat tnat-o ho.tta r.1ns l,oI a
more happy than they would be in state of cman-
clpaton. Liberty 10 them, under their present in
ability TO appreciate, dncapacity TO relish its en-
Joyments, would be curse. y o one who con suits
their happiness, or the good ofthc Republic, would
wish to see them cmanciratcG, and TUNED adrft
the community. The Constitution, then, for certain
purposes, regards Slavesas persons, and sir for
very important purpose. gives them or to their
masters III their right portion of national re-
presentation. But it will be sad that this was the
result OF mutual compromise and concession. Yes
Sir, 1t was; but it was compromise based e.
quiyalcns; < one ofthose equivalents resulting from
the principle and spiri; of the Constitution is the
Fight of Government, when threatened with des-
trucon, TO use slaves for The purposes OF national
defence, and that, too, without being liable 10 be
called on for decentralization.
Sir, the Constitution views slaves in the same
light as did the slave-hoing States at the time of
ITS adoption. 1t has given no new character to
these anomalous beings. The States had always
considered them sub mode as persons. They
considered by the laws of the States species
OF animals, neither belonging TO the moral mate
rial world, but holding middle station between
both. The Constitution having thus found them
left them TO be considered by the States as property
OF peculiar character-prOperty 80 far their IL
berry and services were subject 20 the unconrol-
cd will OF their ma5ter-propcrt" far as they
were the subjects of sale; but persons far the
lives and limbs were protected from vioation-so
iar as the right OF trial, in by Justices,
and IN others by jury concerned; and SO far
as they increased the national representation of the
nyun b ~
think, secured 10 them these rights-rights which
can only belong to persons, members of the bo
ny polite, moral beings and the subjects of pun
ishment In more modern times, these rights have
ocen enlarged. In Missouri they have the right
IN all cases OF imputed crime, that Grand Jury
shonid pass upon the case, to trial by Petit Ju-
ry, TO the benefits OF counsel, and subject in
most cases, TO the same punishment which would
be inflicted on white man for the same offence
The same statute which declares slaves TO be per-
sonal property, likewise confers on them personal
and political rights.
This, sir, is new doctrine. At the time of
tho adoption of the Constitution, it well under
stood. In the 5fth number of the Federalist, we
nave from the pen of Mr.. Madison, whose opinions
on all subjects, and especially this, entitled
10 great respect, an exposition of the views of the
feopic OF the South, so far as he understood them
he says, " the slave is no less evidently regarded
:" by law as member of Society, not q part of
" the irrational creation; as moral person, not a
" mere article OF property. The Federal Constitu-
ton, therefore, decides, with great propriety,
on the case OF our slares, when il views them in
me mixed character OF persons and property
y this Is, in fact their true character"
Both humanity and religion sanction this decla-
ration, which declares that slaves are in some res
poets, PERSONS. 1t is impossible in this age to
form any idea of the absolute, direct, and unquali
fied dominion, as applicable TO human being. 1t
~ impossible to reconcile this sort of property with
The TACT, that they possessed of personal rights
IL they are property in the unrestrained sense of
the term, why do they not mingle with the COM
mon mass fmatter, and be treated like the brutes
fhat pefish:" Has the master the same kind of
property in the slave that he has in his OK? No
one viii answer in the Affirmative. This construc-
ton OF the Constitution and of laws Of the slave
holding States, the latter in the undsturb-
ed possession Of the slave property, except in the
extraordinary case Of war, when the Government,
threatened with annihilatioD calls its aid for the
purpose of sefprcscrvaton, all its moral and phy-
eical force. Then i: is that the Government has
right to cali upon the slavc-holding States for the
equivalent for increased representation in con-
sequence Of tie slaves.
The gentleman from Louisiana has said that no !
property could be rghifully impressed! This, sir,
- novel doctrine. Every writer, in treating of
tne rights OF sovereignty, from the first the last
teiis you that, when nation ia at war, struggling
Tor existence, it has the right TO avail itself OF ali
Its means, whether the subject is willing or wine
Their he is not. At such time IL does not stop 10
inquire whether iis population be bond or free |
tiack or white; II they can Use the bayonet, or /
point the musket, il is their duty 70 rally round the
standard Of their country, and If necessary sacr-
fec their lives in her preservation And here there
IL no discretion If it is the right of the Govern
nent to command, the subject is under CORES |
bonding obligation 10 obey.
We have been also told, that no precedent can |
be set up against the Constitution. This is not |