Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-28


mne the right. The other side allowed the force
OF INC ifr t0ct IN regulating contracts, but insisted that
eoua never be extended to njurc third person who
Wa not party to the contract; and that side the
oiiowihs propositions were advanced lst. That how.
ever the case might be according to the civil law by the
common law, tn" issue followed the condition Of the
ia'ner. IDLY That bastard being mullins fLus was
i'ee and 'dly That things, not persons are the Oh
,ec's OF property .NcKcon, Chief Justice delivered
"'s sentiments IN an elaborate charge 10 the ury
IN me course Of which, he said: "Slarcrv = nj
very ancient origin BY the sacred books of Lc,cus
anu Deatcroaomy It appears to have existed in the first
ages OF the world; and we know il was estabIi.haJ
among the Greeks, the Romans, and the Germans !,
l - there was formerly species of slavery
aislnct from that which was termed vii!cnape Sw,nh
p CD b edI IS the only authority remember on this
point, though have before had occasion to look no !,
WIN attention But from this distinction has
rule nowp aud that therefore his slavery shall not
he presumed which mast be confined implicitly to the
from The law of every other country upon the same sub
ject But enough for the present occasion to KNOW
that venage existed in 7nerid, no part Of the
doctrine founded upon that condition can be applicable
here The contrary practice has, indeed, been unveT
sal in -4mericaand practice strongly autho-
rzed BY the civil law, from which this sort OF domestic
slavery derived, and is in itself consistent with the
preceps OF Nature, that We must now CONSIDER as TIC
law OF the land.
The Jury were left to determine from the evidence,
whether the plaintiffs mother slave at the time
of his birth according TO the laws of the State where
he Lorn; and their verdict upon the evidence was
for the defendant
The trial took place in 1885, only the year before that
in winch the convention was held that formed the Fe
dera Constitution.
AT the time Of the convention, the experience OF the
States south OF Pennsy rania, such 10 produce
dsrust OF their Northern brethren as TO the safely ol
their property III slaves
ut easy task to reconcile the local interests
and dlscodan prepossessons OF the ierent sections
OF the United States but the business accomplished
by acts Oi CONCESSION and mutual condesccnson. 7
2 PROVISIONS mule by The Ftdera C0aronitc", torM The
Securitu Of The South.-The original articles oil con-
federation contained clause in the following words
.lf any person gully Of or charged with treason,
felony, other high msdcmeanor III any State, shall
flee from JUSTICE and be found III any OF the United
States he shall, upon demand Of the government or
executive power OF the State from which he He'd, be
delivered up and removed to the State having Jursdc-
ton of his offence.
In the convention Of 1877, the committee 10 whom
were referred the proceedings OF the convention, !"r
the purpose OF reporting constitution, reported draft,
in which the fifteenth article was as follows:
"Anv person charged with treason felony or higA
misdencanor III any State who shall flee from justice
and shall be found any other State, SHALL on demand
of the Executive power OF the State from which he
fled be delivered up and removed to the State having
jurisdiction of the offence
When the draft was before the Convention, on the
18th of August, 1884, it moved 10 strike out the
words, singh mIsdemeanor, and insert inc %"roS,
"othcr crlme; which motion passed IN the attri"a-
tive. ,
On The next day, motion was made TO agree 10 ue
following proposition, to be inserted alter 'le hiteeh
article:
"lf any person bound to service or labor in any of
the United States shall escape into another State, he
mr. she shall not ue discharged from such service or Ia
IN consequence OF any regulation subsistng IN the
Ste 10 when they escape, Uut shall be delivered up
10 the person Justly claiming their service or labor
/ lISJ1
Afterwards, committee appointed to revise
the stye ut and arrange Tie articles agreed 10 by the
| house. The second section OF the fourth article, re-
ported by the committee OF revision, contained te io
lowing clauses:
"a person charged in any State with treason, felony,
or other crime, VINO shall flee from justice and be
found IN State, shall, demand OF the eXecu-
tive authority OF the Stale from which he fled, be deii-
yered up, and removed to the State having Jur'sdic-
ton OF the crIlne.
.Nn n.rson LEGALLY hel to service or labor, in
State escaping INTO another, shall, consequence Of
regulations suusistng therein, be discharged from
su service or labor, but shall he delivered up on
claim of the party to whom such service OF aoof may
/ Ue due.
The Federal Constitution, as adopted, contains the
clauses thus reported with some amendment In the
first clause the words "to be removed, are III place OF
| Tho words land removed" In the second clause, the
changes of language are more striking ! ne wore re
rally is struck out, and after the word stale, thc
words under the laws thereof, inserted; and the cH-
PRESTON negotiations subsisng therein; IS suDatitu-
| ted by The words, "any law or regulations therein.
! 3 UeGQtcs in the State C0nremttonS-Whcn thc
! Ejroium Convention were considering whether ttey
would assent TO, and ratiiy the Federal Constitution,
Mr. Madison, amongst other things, sad-it worthy
Of our consideration that those VINO prepared the paper
on the table found difficulties not to be desei:pr~ "a
ITS tormation-mutual Difference and concession were
absolutely necessary. Had they been intexi3y tehH-
cious Of their individual opinions, they would never
have concurred. Under what circumstances was IL
formed: When party was formed, or particular pre-
possession made, and men minds were calm ana
dispassionate Yet, under these circumstances II
was difficult, extremely dhcuI 10 uGlec " any gent
n raj system.
The members of the Virginia Convention were nearly
equally divided upon the question OF ratlcat'on ahd
the opposition embraced very considerable proportion
of the talent OF the State. Amongst the opponents,
there were more decided or more jealous, 1h"i
Geo Mason and Patrick Henry.
When the section declaring that the importation OF
such persons as any of the States might thlnk proper
Il to admit should not be prohibited by Congress PRIOR 70
the year Ic0e, under consideration MI george h",
SON said-"As much as value an uuIon OF all the
States would not admit the Southern StaesS INTO the
Union unless they agreed to the discontnuace o 'hs
dsgracetul trade; because It would orng weaknesses
ana not strength to the Union. And though TINS ma
mons traffic be continued, have no security Tor inc
property OF that kind which We have already. there
- no clause in this Constitution to secure III Tor ley
NAV Law such tax will amount to manumssioh.
Mir Madison answered these objections as follows u
should conceive this clause to BE- impotc, IL were
ons ri those things which could be excluded without
encounterrng greater evils The Southern States would
not have entered int the union Of America without the
temporary permission Of that trade And # they were
excluded from the Union, the consequences might be
dre,duI 10 them and TO We not in stu.
atom thar before That traffic is prohibited by our laws,
and ace may continue the prohibition The Union IN &c.
neral is not in worse situation. Under the articles OF
the Confederation it hight be continued forever but by
this clause end may be put TO it after twenty years
There is therefore amelioraon of circumstances
to- may be laid the meantime but II IS limited, other
wise Congress might lay such tax as would amount 10
a prohibition. From the mode of representation and
taxation Congress cannot lay such tax on slaves as
will amount to manumission Another clause secures
no that nropertv which we now possess At present,
if any slave eopes any of those States where slaves
are free he becomes cmancipated by their laws foF
the laws of the States unchaftab!e to one another
in this respect Bnt by this Constitution, no person
Ia in