The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-02-26

century. The conclusion, however. which
we Of the North draw from the facts alluded
10 by the gentleman, Is not that this evil
should be rendered temporarily less danger
Gus by expansion, but that the South should
take measures FORTS extirpation " lille eman-
cipation is yet possible.
The duties OF the North TO the South arc
determined by the relations in wbich thew
stand 10 each other under the Federal Con-
stIiution; and there are two phrases, of very
frequent use III all the discussions of this
topic, whose true Interpretation it is very
material 10 determine These are, 1.-THE
compromises of the Constitution and "tbe
guarantees OF the Constitution These
phrases are frequently used as SYNONYMOUS.
and very often obviously without auy distinct
notion of the tue Specification of either.
What. then, is the distinction between them.
and what are the compromises, and what the
guarantees OF the Constitution
The distinction apprehemd to be this
l he compromises are matter of hisrory-a
question of fact. The guarantees are ques-
ton OF construciion-maiter Of law.
Inresard to the question Of fact, the his
tory, nature, and consideration Of the mutual
concessions between The different parties to
the national compact, it is 'singular that little
evidence exists.
The reports OF the debates in the ccnven-
ton are very meagrc; the Federalist h; ndles
the subject briefly; and, Indeed, the rrinci-
pal actors In the matter appear througl.ou TO
have walked rs il among eges while p. ssiirg
over this difficult ground. But what is the
nature of compromise ]; IS defined TO be
an agreement between parties in coutru-
versy 10 settle their differences BY mutual
concessions" or, IN other words, it is the
surrender Of right, or the ccuccssiun of a
privilege TO one party, in consideration of
some advantage 10 the other party. If, hen,
there was in fact any compromise between HE
North and the South. il must have been up
on the srourd of an advantage Coz ceted
10 enc party. upon the yielding ofan cquiva-
lent by that party in return. The advantage
conceded 10 the South is the dlspropuricnate
representation in This House. This appears
on the face Of the Constitution. But, in re-
turn for this constant advantage. the only con-
S liberation expressed in the occasional liz bility
OF The South 10 corresponding rate of tax
alton. Was this, then. the true and only
consideration aud, irso, was il a mere naked
agreement To set off al increased ratio of
representation against that particular spe-
cies Of Taxation, or was it the adoption of
principle, Of which the particular case, being
the only one then actually exis;iug, was
specified by way Of exempliicaiion
1t has heeu often inconsiderateiy asserted,
thai the disTroportionaie weight allow ed to
the Southern States in the House was bal
anced by tie equal representation OF tho
smaller States in the Senate. Tbis Is very
obvious error, but :,s importance will justify
a short examination. The equal Represent
81. :. Il. 4
OF the independence and soyer-
eighty Of the several States. AtIhe forma-
non Of the Constitution, all the States were
not oLly independent 4 each other, but zcver-
eign. The Senate is composed OF the repre-
seniatives Of the States in their sovereign
capacity. Between powers, each supreme
N itself there can be no inequality and if
any other basis of representation bad been
assumed, then the Senate would have heen
no longer the assembly of the States, buta
representation of numbers, or pgopcty,or 10th.
But if This equality is TO he treated rs
it was not, al any rate, compro-
mise between the North and South. hut be-
ween the grtai States and the small, The
mall States. being sovereign, were TriMG
dcie entitled tn equal weigh in the National
Legislature. The lalge states claimed
sDiCe IlsbVoEiiEuCG 10 lbcif NtlllD dDQ pop
ilaton. How was !his difficulty to be recon
:ilel; Obviously by The adoption of double
ysiem, combining in the Sena;e the repre-
entation Of sovereenties. and in the House,
he representation Of numbers Of wealth.
And this j. tie true origin &C lie firm and
institution Of our \ iJnal Lcsisla ure. his
5 the Caeat aud only perpetual compromise
# the Constitution. This, and not hlind
nd habitual reverence fer The forms of Brit
III legislation, is the true reason Of Tie di-
is:on of the legislative power into two
ranches. Being then compromise be-
weeu the larger aud smaller States, it Was
Tot at the same Time compromise hc:ncen
he North and the South, rs a reference TO
he first census viii show. Fer, Of The six
arger States. three were northern and three
southern. The smaller States we've also
equally divided-MaFaland, the thirteenth,
leing a middle tern, both in numbers snl ro-
,ition. Does, then, the Constitution contain
INV compromise between the North and
he Suulh? Enthusiastically ii does snd il
S this, that the South shoGld be sllOEed a
argrr ratio Of presentation, in consideration
Of the assumption Of Il larger propOtiou of The
public burdens; when direct taxation should
be necessary. Where there is nothing at
ssue between the parties, TO supposed
conflict ofrights, there Can be no compro-
mise What, then, was the point of dis
oute between the Ncrih and the South
Simply this Shall property have q re-
presentation in the National Legislature
At the time of the adoption of the Con-
sti,ution, although the principal trading
towns were at the North, yet the actual
wealth ofthe South, including
slaves, was supposed to be greater than
that of the North. This, then, is the
and the only compromise,
the North and the South. In
that the Southern States
would treat the slaves as prisons, for the
purpose of taxation, the Northern States
agreed that they should be treated as per-
sons for the purpose of representation.
1t is an admission ofthe principle of
property representation, concession by
the INDECENT North to the afiluent South.
Candor obliges me to admit that there
is great force in the argument used by
the slayeholding States, that if numbers
alone were to be the basis of representa-