Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1847-03-12

and patriotic, expressed their opinion, that if
slavery arere recognized IN the Constitution,
the North would hesitate to come into this I'm
ion. But, sir, we find farther that these good
and wise men, burning with a desire to con-
summate this Union, compromised their per-
sonal opinions on the alter of patriotism. We
read in this very Constitution a clause which
protects the STAKEHOLDER, and enables him to
recover the slave which escapes into another
State; another clause establishes the basis of
representation by which negroes are not to be
counted merely as persons, but to assume the
mixed character OF persons and property-fUel
slaves being considered as three persons an |
other clause by which tax was authorized to
be laid upon the importation of slaves-show
ing recognition of them as property. And,
Mr. Chairman, what else do we fnd' We
find that these good and wise men not only
did thas, but they permitted the Constitution
to tolerate, and countenance the idea of our
people employing their vessels, manning their
ships, and embarking in what is denounced as
&c the nefarious traffic in human fesh.' We
find these good and wise men tolerated the idea
OF extending and increasing slavery, by &C.
pressly providing for the importation of sl0ues
ed in constitutional law, acquainted with the
ced their opinion that slaves are not recogni-
sed as property in this Constitution And
who were the men who framed this instru-
ment? Who were the men who incorporated
into it this doctrine, and recognised the insti-
tuition of slavery, so far as even to permit the
importation of slaves for twenty years. Sir,
they were Just g fresh from the battle-felds of
| hberty;" their mnlstraOns were upon the
! hottest affairs of the innermost sanctuary of
! freedom; while the degenerate patriots OF mod
ern times are scarcely entitled g to enter the
porch of the temple.''
| Sir, we don't ask the privileges which Our
fathers granted ,Ofimporting slaves from abroad;
we do not even ask you to receive into the
Union territory with slavery now III it; but
we ask you not to interfere with the slave
property we already have, and which, in the
Constitution, you have agreed to protect
Here I would remark that the name of the ven
Grated Madison is invoked. He has been call
ed to the stand, as witness, by the gentle
man from New York, [Mr. Woodl And al
low me to say, that my friend was little in
genlOus in this matter, and acted the cautious
tactician, for he pretaced it with quite an air
of great candor and fairness, by SAYING that
he would not read from Mr.. Sherman, north
ern authority, but he would read from Mir
Madison. MIR. Chairman, why did not the
gentleman read from Mr. Sherman? As he
took the liberty Of reading from Mr.. Madison,
will he permit me to read from Mr.. Sherman !?
When the question was discussed in the Con-
vention as to the propriety Of allowing a tax
to be levied upon imported slaves, MIR. Sher-
man contended that if YOU incorporated the
doctrine of taxing slaves imported, you admit
ted in the Constitution that they were proper
tI- Hear Mr. Sherman I take the eY{r7ct
from the Madison papers:
Mr. Sherman said it was better to let the
southern States import slaves than to part with
them, if they made that sine qua non. He was
opposed to tax slaves imported, because it
implied they were property"
Does not this extract explain the true rea-
son why the honorable Gentleman declined
reading from the speeches of Mr. Sherman, a
l member of the Federal Convention from Con-
netticut? For if the gentleman had read Mr.
Sherman, he would have seen that he distinct
} IN admitted in the debates that the article OF
the Constitution, authorizing tax On impor-
ted slaves, to which have alluded, recognised
by implication, that these slaves were, and
: should be, considered as property. Sir, the
proceedings OF the convention In regard tC
} that matter are curious, entertaining, and IN,
l structive They show that there was a com
| promise even as to the word used. The mat
4 ter was referred to a committee OF eleven
. the word &c slaves was stricken out, but there
/, was inserted tax upon them, which was the
compromise thereby showing on the face O.
n the Constitution that they are recognised a:
: property.
: The gentleman from New York read and ex
;, tract from what Mr. Madison said, conveying
t the idea that there could not be such thing
o as property in human beings. | remember al
= Y uGs.Iression Mr. Madison used, and in the very
eHfsilIs. Madison he alluded to the dis
speech OF w s.slaves and other property
JUNCTION betweer-s aamercandise, consumed. :
Slaves not being like hSse about 's thu
Mr.. Dickinson wished the clatH1 - e hav
migration and importation of persons -
the word slaves, in it, instead of &C PERSONS
Mr.. Grouvemeua Morris also desired it. "Mr
Sherman liked description better than the
term proposed, which had been declined by
the old Congress, and were not pleasing to
: some people" This word ''pcrsons," there
fore, was used, and when the vote in the Con-
: vention was about to be taken on the second
part of the clause about the tax or duty i'm
posed, "Mr. Sherman was against this second
: part as acknowledging men to be property, by
taxing them as such under the character of
: slaves" Then followed ''Mr King, and Mr.
Langdon considered this as the price of the
first part" General Pinckney admitted that it
: was so. Thus showing that while one part
: preferred the world 'Fpersons," the other did
not object when it was accompanied with a
> tartng clause also.
But, Mr.. Chairman, although honorable
gentlemen who have lately participated in
this debate, have not shown sufficient respect
to the Constitution to read lis anything from
it which tolerates this proposition which they
make, one honorable gentleman who partici-
ted in this debate at an early period of the ses-
sion, Mr.. Pettit,l contended that in that clause
of the constitution, which authorizes Congress
to make all ''needful rules and regulations
respecting the territory of the United States,
there is contained the power to regulate
slavery, and to prohibit the importation of
! slaves into this territory Now, Mr.. Chairman.
| know the impotence with which the COM
mittee always listen to arguments in regard to
constitutional questions. l shall not, there
fore, proceed deliberately to discuss them
But, sir, can it be supposed for one moment
that it ever entered into the conceptions of
the wise men who framed the Constitution, that
those words "needful regulations" would be
construed to authorize the prohibiting us
from CARRYING our slave property into the
Territories of the United States, when they
commended so strenously, ably, and zealously,
for the doctrine of the Constitution recognis-
ing slaves as property, and protecting them ,
Can this be true of the men who said the T.
Mon should not be formed if they were not
I ~ elo1 r