The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-03-25

| MIR. GOrham thought Mr. Sherman shout,
consider the duty not as Implying that Stare
are property, bu, as a encouragement TO the i'm
| portation of them"
Observe. The discussion turned upon th'
peculiar phraseology of the second part of III,
report. That, ia classifying slaves with mer
chandize, seemed 10 imply that they were prop
-rty. This, the Convention desired le avoid
| Mr.. Madison reports as follows:
MIR Madison thought IL urong 10 admit ia Oh,
Constitution the idea that there could b. propsrf,
| IN man.
''Col. Mason lin answer 10 Mr.. Gouyern-oui
| Morris The provision as il now stands inas
accessory for tie ease Of eoariefs, In order "a
prevent the introduction of them.
'Still, the Convention was not satisfied: an,
il was finally agreed, mem. con-, 10 have the
clause read.
"'But tax or duty may be imposed on such
importation, not exceeding ten dollars for eac!
person
And then the second part, as amended. wa,
( agreed to-"
And thus IL stands TO this day
This IN Of the most important facts On re-.
cord Ii demonstrates, beyond all doubt, the
settled purpose of the Federal Convention care.
]
were framing, the idea that there could be prop
erty in man; and that the term "pensons," was
used when slaves were referred TO, with the in =
tsntion that, so far Az the Constitution was con-
cerned, they were always to be regarded as
PERSONS, and not as property. Mr.. Sherman was
opposed To the clause, ''as aoknSpisdring men
! 10 be PROPERTY" Mr.. Madison was also op-
posed 10 IL, because he "fhought "a WRONG To
ADMIT IN THE CONSTITUTION THE
IDEA THAT THERE COULD BE PROPER
ny IN MAN"
And the clause was amended to exclude In
express terms the Idea that there could be- psop-
erty in man.
! Such was the public sentiment Of that period.
la every reference made TO slaves in the Con-
stitution, they are termed peTs1Rs Thus, in
fixing the ratio Of representation, it provides
sThe number shall be aseertain-d by adding
TO the whole number Of free persons, inoludiu G
those hound TO service for a term Of years, and
excluding Indians not taxed, three-fifths of ell
other persons"
II is clear the trainers OF the Constitution
not only regarded slaves persons, but they
we're spoken Of other persons.
| In the ninth section of the first article. The
Constitution provides that
The migration or importstion of .uch p,r.
sons as any of the States shall think proper 10
somlt, shall mol De- prohibited until The yeai
How carefully language is used to distinguish
slaves from property!
A,,in Tn rba sacond sac,:on Of ,ha third
~ -, -,
"a, a.. - -, 81 .s..,'i,r ,,o
another, shall. by any law or regulation there.
OF. be discharged from such service or labor"
In every instance slaves are designated a
persons The trainers OF the CONSTITUTION mo-
only regarded II as wrong 10 admit the IDEA
that there could he property in man. but they
lI,horea carefully 10 exclyd. from that In-,ru
,., S,
"en' sueh an Hlea' 0"ch u '"e i'e' Inc ian
susge OF the Constitution must be perverted
the recorded intention OF its trainers abandoned
:. 3, h., cIa.r IN eli tia, ,hs FsJ.,.I Comet;
y y - ~ 80
'uuo" ooes "o' ''sa'" P'"P''v'
The Supreme Court Of the United States ha
settled this doctrine This question came dis
:, ,t e.,
ter is Peters Reports, ll9)- The Constitu
ton Of Mississippi had prohibited the introduc
,sop Of slaves into that State after certain dav
Slaves were taken then, and sold on credi, At
fer the time allowed in that Constitution. Sui
was commenced on the notes given in consider
allan of ,ha s,avss The defiance was ,bs, IN
oo,,-,,, WA. uI.r,l and Wild und., IN. Co,.,i
,u,;o, of uisst.si,,i. TIL. replv was. tina
slsv.s were prop,yfv. and thai. therefore. In
State Of Mississippi had no right to probibi
their introduction, ms the power TO regulate com
merce between the States belonged only I
Congress. Judge McIr,N, in deciding the Law
said
: "By the laws Of certain States, slaves ar
! treated as property; and the constitution
Mis'ssipp, protlo,s ue,, oe.ng uiSuens ,"'
49, ,nsrch,njigs Merchandise \, a comoreheu
sive term. and may include every article Of trai
, fic, whether foreign or domestic which Is prop
cry emo,aoeu oy 'nI a "r q,
stats as merchandise. that cannot diyest the,
4 of the leading and controlling quality Of pei
sons, by which they are Designated In the Cor
, stitunon, Inc e"araer TIL o, p.op1.y = Wv
III =, ,;rh,s I'D, :, ara n,o,sc,ed bv ,bs Fa,
3 eral authorities; BUT THE CONSTITUTION Ac-
T UPON SLAVES A. PERSONS, AND NOT A. PROPERTY.
I See where the opposite doctrine would lea
a II slaves be property Congress may regulate u
, interstate slave trade--Inay prohibit the tram
: portaiion OF slaves from one State to another"
i may establish slave marts In each State In u