Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-04-09

hENT FEATURE IN THE ARlsToCRATIC CoUNTE-
NANCE os the PROPOSED CoYsTITurIoN.'-
Gourernsur Morris an The COnreHtiOn q 1877.
NJ idison Papers.
Leaving the question whether Law, pro-
perly speaking, can establish Slavery, Mr..
Spooner next attempts to show that II has
never actually been established by law IN
this country. For this purpose he examines
the written Constitutions of the several States
of the Union.
In making this examination, Che says, p.
l5,) | shall not insist upon the principle Of
the preceding cha pter, that there can be no
law contrary to natural right but shall admit,
for the sake of the argument, that there may
be such laws. | shall only claim that in the
Interpretation Of all statutes and constitutions,
the ordinary legal rules of Interpretation be
observed. The most important of these rules,
and the one to which it will be necessary
constantly 10 refer, IS the one that all language
must be construed " strictly " in favor Of ma
tural right. TIT rule is laid down by the
Supreme Court of the United States in these
words, TO wit; Where rights are infringed,
where fundamental principles are oyerthrOwn,
where the general system Of the law is de-
parted from, the legislative Intention must be
expressed with irresistible cIearUeSs, to induce
a court of justice to suppose n design to e.
feet such objecIs.-2 Cranch 800"
The following are the clauses in the Unit
ed States Constitution universally supposed
to refer to and recognize Slavery:
Art. l. Sec. 3. Representatives and di-
rect taxes shall be apportioned among the
several States, which may be included with
in this Union, according to their respective
numbers, which shall be determined by add
ing to the whole number Of free persons, in
Guiding those bound to service for a term Of
years, and excluding Indians not taxed, three
GChs IF all other persons.
Art. |. Sec. s. Congress shall have pow
er r = to suppress Instructions.
Art. ~. Sec. ,. No person, held to SER
vice or labor in one State, under the laws
thereof, escaping into another, shall, in con-
sequence of any law or regulation therein, be
discharged from such service or labor, but
shall be delivered up on claim of the party to
whom such service or labor may be due.
Art. ". Sec. 4. The United States shall
guarantee to every Stale in this Union a Re-
publican form of government; and shall pro.
tect each of them against invasion and, OF
application of the Legislature, or of the Elk
%ecutive, (when the Legislature cannot bt
convened against domestic %riOence.
The first of these clauses, relating to rep.
resentation, gives to ten inhabitants Of Caro-
lima equal weight in the Government with
forty inhabitants of Massachusetts,, provided
they are rich enough to hold fifty slaves
and accordingly c%onters on a slaveholding
community additional political power for ev'
ery slave held among them, thus tempting
them to continue TO uphold the system.
Its result has been, in the language o
John Quincy Adams, "to make the preser
walton, propagation, and perpetuation of Sla'
very the vital and animaling spirit Of the Ma
tional Government; " and again, to enable
"a knot of shareholders to give the law and
prescribe the policy of the country" So tina
..since 1880 Slavery, slave-breeding, anC
~siave-tr aiding, have formed the whole founda
lion Of the policy of the Federal Govern
ment.' The second and the last articles re
latinq to insurrection and domestic violence
perfectly innocent in themselves-yet being
made with the fact directly in view that Sla
very exists among us, do deliberately pledge
the whole national force against the unhap
nv slave if he initiate our fathers and resis
oppression, thus making us partners in I'll,
ruilt of sustaining Slavery. The third Is
promise, on tho part OF the whole North, t
return fugitive slaves to their masters a dec
which Gods law expressly condemns, an,
which every noble feeling of our nature re
p~udiates with loathing and contempt.
Mr.. Spooner's argument may be brief!
stated thus:
LIST. The people never intended to recog
nize or guarantee Slavery in the Nationa
Constitution.
Cd. If such was their intention, it wa
never effected for that instrument, legal
interpreied, contains no recognition or qua.
anty of the Institution.
Oh Grch ncnUniiinn. if il exists. is VOl(
and wholly imperative, since there is no |eg'
Slavery in any of the States TO which it ca
refer. .
In our review we shall follow the ord
thus briefly sketched, rather than the OF
adopted by Mr.. SpooneT, as it will enable |
10 saw all we wish in a smaller space.
And first, the intentions of the people.
is yery convenient for Mr.. Spooner 10 NAL
light Of the meaning which the people, ttac
ed to the Constitution in 1889, and since,
of no practical value though he is ready
allow that the intentions of the a3opierS
the Constitution when legally shown fro
The Instrument itself, taken as a whole, a
binding and conclusive. 1t is a point "
can afford to spare, this of the meaning aHi
ed to the Instrument by the people ther
selves. We are perfectly willing at al
time to waive it and discuss the strict leg
effect OF the written instrument WITHOUT al
from collateral history or national circuI
stances. But it is idle in an argument
this kind to keep out Of sight a view whl'
common sense, the nature Of the case, al
the maxims of law, demand shall make a pa
Of it. We shall, therefore, devote a orl
space to the point.
1t will be remembered that Mr.. SPooneT
now protesting to argue a Law question:
such, on strictly legal principles, referring
legal authorities and rules as tests of the CO
RICHNESS of his opinions. In interpreting Il
Constitution the Supreme Court have mat
use Of the rules usually adopted. His o