The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-03-08


rule of construction, implies negaon of authority in
the case OF domestic slavery.
This construction is not only demanded By the Ian
guage OF the constitution but IT is youched for by lead
ing member OF the convention which framed it, In the
debate of 1890 the Missouri question" Charles Coles
worth Pinckney thus spoke:
The supporters of the amendment contend that Congress
have the right to insist the prevention of involuntary
seryude in Missouri aud found that right the ninth
porution of such persons the States existing may
dunk proper admit shall be prohibited by the Con-
grcss prior TO the $685. but duty may be inn
posed on such importation not exceeding dollars
SIN considering this article viii detail, this
convention that formed the constitution. The intention
was TO give 10 Conressa power after the year 1905 pre-
from other countries The word import, includes both,
and applies wholly to slaves Without this limitation,
Congress might have stopped sooner under general
power to regulate commerce. and agreed point,
soemny compact that on the southern States
conserving To shut tieil against the importation of
Africans, power was to be delegated Congress,
that the property of the Southern States slaves was to Be
sacredy preserved and protected ten that Of land
or any other kind OF property in the eastern States
1,The term, word, migration, applies wholly free
whites; its sense intended by the con
venon IT means ''uonntary change Of seruitnd from
country another The reasons of its being adopted
and used in the constitution, far fcan recolec
these, that the constitution being frame of government
consisting wholly ofdeegated powers all poee cypress
supposed that without grant them of power
the subject, Congress would be authorized
touch the question OF migration hhe emigration to this
country however pressing urgent the necessity for such
measure might be thai they could derive such power
rom the usages OF nations or even the laws of war; that
the latter would only enable them make prisoners Of alien
enemies which would not be sufficient as spies or other
dangerous emigrants, who alien enemies, might
enter the country for reasonable purposes and do great in
necessary give il which could alone
1t, and where, on other and much greater points, had
In tie same article, the word migration should be placed
and that on the 1903, Congress should possess the
pose the public required The articles therefore,
megat,ce egnant restraining for twenty years, and CIV
ing the power afterwards" f4.e tlatH
In the same Speech Mr.. Pnckney says that Congress
has power to abolish slavery in the Territories
than in the States Over this subject the trainers of the
constitution did not design to give to Congress any uris
dcton whatsoever, except regard to the foreign slave
trade If the constitution not explicit this subject
when taken in connexon with the proceedings of the
convention and past history then utterly vain to
attempt restrictions parchment
In addition to the limitations upon the government each
State, by the terms of the constitution, has entered into
solemn compact OF non-nterference and amity; thus
throwing around the rights of shareholders alth guards
and restrictions of which human foresight capable
The I'd section of the Sd article provides that No per-
under the lars thereof escaping into another, shall in
consequence Of any lar regulation therein, be dis
charged from such labor but shall be devered
up on clam Of the party to anom such service labor
may be due" II horse stray from State to another
and be unawfuy detained his must resort to an
action at law for his recovery; but slave escape he
may be reganed by summary process In the face OF
these facts to be told that slaves not regarded
as property, and that the rights OF the slave-hodng
States instead OF being protected good faith are to be
the object of unceasing assault Snail that institution.
guarded by the trainers of the constitution with even
check which solemn compact can impose, be singled
for special attack Shall the Union which faith
established be transformed to suit the varying wishes
interests OF Needless maority II SO, the time has
indeed arrived when the south should to epose
false security, and awaken to the dangers which
round her -a....}
Every one who has read the constitution and the his
tory OF the country knows, that domestic slaves (and
speak of them only paake of the character OF propery
the master has right to their services and labor and
Congress cannot dvest this right except or public use.
and ,k upon paying Just compensation These are not
were promulgated by candid and enlightened jursts of
the free States. On this sube ct Chief Justice Tghman
remarks: .i4i
Whatever may be private opinions the subject
of slavery, it is well known that southern brethren
would moi have consented to have become parties
stituton under which the United States have enjoyed
RS2.Sss aa ls. slaves mad bee"
In reviewing the subject, Judge Baldwin held
the following emphatic language:
'The ownership [of the savel being thus clearly made
out ne must be deemed to be the property OF !the
"The law Of the land recognises the right of
to hold another in bondage and that right must be pro-
LAS consequence of this right of property the owner
may keep possession Of his slave # he abscond he may
reake him, by pursuit into another State BId'cins
Look the first article and you will that slaves
not only property as chaes but political property which
States on the invioaby of which, the existence of
the government depends"
THUS you see that the foundations of the government
laid and rest the rights of property in slaves' the
whole structure must fall by disturbing the coer-stone
Ibid, 59j-'7,
Are the political rights of the slaveholdng States re-
soected, wIen the government assumes TO locate and
distribute the sources of their strength Suppose Con-
gress to aggandze the SOUTH should should preclude
the inhabitants of the free States from removing with
their property to regions acquired by the joint blood and
treasure of the nation. Every freeman of the north
would buckle his amor and gathering fresh courage
from the recoechons OF the past wage war OF eXer.
mnaton against his oppressors II the majority should
not thus be prescribed, by what political morality is the
same injustice 10 be visited upon the mnority'
But this odous distinction affects individuals as well as
States Is the right of the protected when he is
common domain of the Union Surely no such in
vlious discrimination contemplated by the trainers
o. the constitution II is at with every principle OF
equality and fairness To whom does the public domain
beIong' To the United States Congress is the COM
agent of all the partners TO administer great trust
Is this high duty performed by approprating to the
elusive use of part, that which is guaranteed TO all
The spontaneous feelings of the heart rise up in rebel
lion against such oDen disregard of justice9
What is rendered for this giant stride to
divided empire' As usual, despotsm wells itself in de-
cetfu robes and conceals its ultimate object under the
mask OF preventing the extension of slavery No such
false issue can be made The question is as the local
ty and condition of those who already slaves True
philanthropy would ditfuse, not congregate them INTO
narrow compass make them fixtures to the soil More
horrible still is the purpose-scarcely dsgqsed-of
breaking the letters OF the slave by rendering ms LABOR
and thus substituting for peaceful subec
iecon, bloody contest of rival races the horrors OF
which, in the distance, the patriot to Ishudder
Union will never be tolerated. until the degeneracy Of
the south shall invite the chains which reckless power
would riyet upon her limbs Distant-for dIstant-be
the day when any portion of the American people will