Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1849-04-05

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This provision was 50 Obvious ana ibdispensa
= 80 essegtlal 70 preserve The relations oil kafmo
amongst TIE States and give confidence and =,
ny 70 the shareholders Of The Soulh-ihar II seer
n aisr ne general basis Of The constitution was x
J, Iass s4elssg no opposition in The convention,
q have been adopted win absolute unanimitr ~
general acquiescence IN is necessity.
oen me people Of The Sontk were called upo
70 tneir respective State Conventions. 10 act IN
ne momsaiens question 81 adopting Or reieciil
~ pen u government, submitted 70 them ~ Il
general convention. lkis proyisioa Of he constit
uen aiifaeted its full share az atten,ion. and M
rseo VIA irresistible power 81 the advocates az Ii
onon 70 relieve The a2freAensions or the hesitatn
1ne 70 manifest The good faith with which he m
slayeholdng States had entered INTO ms -,
ifaierna alliance The history 81 ths, 1891
bounds 10 proofs that The Souh in XIV mo rs 80
! y NE Union. did 80 IN a full reliance upon h
.aN1iul execution Of This provision a. alforing 4
X IN nv security for their slave proper,
: "a me flfgi "a convention, % satisfy the min.
o. Inc people thai this properly was abundantlv nr
.ss.ru, EDMCND RASD0LPa hsld this lans1,as,es ).
, .Men y right 70 mention waat passed in ccnyc,
noa on he occasion, lmght tell You that he Soutl
srn Statesr-eyen South Carolina herseli-conceiye
MS IIo2efty 10 be secured BY these words
nhe North Carolina convention Judge IREnEI,
IsieHing 20 this clause Of the constitution saw,
an some cf The Northern States they have einanc
pa.ed an of their slaves. If any OF our slaves .
there, and remain there certain time tsiev uan Il
oy The present laws be entitled to their freedom I
.nat iheir masters could not get them again. TIA
would be extremely prejndicial to the inbabitahts
ine southern States. and to preyentt this clause
inserted in the constitution
| = 10 the fame purpose. but with more emphasis
CHARLEs CorEswoRTu PIScksEy said 10 tbs naay,,
=, Soutn CaEOlina in The convention Of thai SiaSa
/ nave obtained right 10 recover our slaves -n
Mha'sser part OF America they may take refuge
W1 Tha, :, "a Alright We had not before"
nal me importance of this prov ision has notheen
oFerrated BY Southern statesmen. The folloysn ~.
uacl rom the opinion Of the Supreme Courssof The
oniled States, delivered in January, 1872 ii he
case OF P1gg " TIE Sac ef Pennsglraaia, fl6 Pc
| teIs, p 539s will eonclusiveiy shew.
In delivering the opinion ii the Court M r,s-
uee story on page GIL, uses the following language
Historically, il is well known that the object az
ms clause was TO secure 10 the ctizens Of the Save
hoiaing States the complete right and tile Of own
ih44er slaves as property in every Stale in
sns onish INTO which they might escape from the
Stale which they were held in servitude The fuIl
fecognionoi this right and title was Indispensable
% me security OF this species of property in all The
slavehoding States and indeed was 50 vital "a he
preservation OF their domestic Interests and insti,u
sons. naI y cannot be doubted, that il constituted
fundamental article, without the adopion az which
tne Union could not have been formed Its true de-
sign was 70 guard against the doctrines and prlnci
Yes prevalent IN The nonslayeholding States, bv nre
venting them from iniermedllling with or obstrnct
ing q aooshins the rights Of the owners Of slaves
- ne same effect Is the opinion of the Supreme
court OF the State OF PENNSYLVANIA as delivered hv
Chief Justice Tilghman, in the case Of Wriehty
Deacon, 5 81 & R.G3: 80 =
w hatever may be our opinions on The snh;ae. &C
slarerY- ii i mas been
adopted by the free OF the citizens of Penn
sylvania. and il is the duty of every man, whatever
may be his office station to give 1t fair and can
did construction"
William Rawle, another distinguished iurist of |
the State OF Pennsylvania4in his admirable essay
on the constitution of the United States speaking Of
ingitives from justice and fugyes from service OF
labor, says:
'sTothe two latter descriptions Of persons no asp
lam can, by the constitution of the United States be
afforded. The States are considered as common |
family, whose harmony would be endangered ifthey,
were 10 protect and detain such fugitives when de-
manded in one BY the executive authority Of The
State or pursued in the other BY the person claim
ing an interest in their service"
This solemn compact between the slaveholding |
and nonsavehoding States, Was adopted by the n
unanimous votes of the States then present in the con-
venton. The dissent of single State might have I
marred the whole scheme of compromises so elabo-
rately prepared basis OF the new constitution,
and remteh the States Of the confcderacy TO con
dition little shoft of anarchy. II
That the constitution ofl7SS, was in truth found
cd on deliberately formed scheme of compromises
and equivalents, is historical fact denied by
in terms but virtually and practically, BY many who
believe themselves 10 be statesmen but who are ne
vertheless politicians merely. Butthe vital import
anec of this historical fact jus6es if it does not de-
mand exhibition Of the evidence in part at least,
BY which it is sustained Amidst the affluence of
material, selection is the only difficulty. None
could be more conclusive than the following state
ment made by ALEXANDER HAMILTON 10 the New
York convention, assembled at Poughkeepsie in
June, 17SS to pass on the new constitution submit
ted TO the States by the general convention assem-
bled at Philadelphia. II is extracted from Elliols
Debates, pl 2l2
In order that Che committee may understand
clearly the principles on which the general conven-
tion acted think it necessary to explain some pre-
liminary circumstances. 35
.SiT, the natural situation of this country seems
10 divide Ats interests into different classes There
are navigating and non-navigating States-the
northern are properly the navigating States the
southern appear 70 possess neither theneans nor the
spirit of navigation. This difference Of situation
naturally produces dissimilarity oil interests and
views respecting foreign commerce. 1t was the in
teTest Of the northern STATES that there should be
restranst on their navigation and that they SHOULD
have full power, by mdjority in Congress- 10 make
commercial regulations in favor OF their own and
in restraint OF the navigation OF foreigners. The
SgltkterB States wished to impose restraint the
noIthern. BY requiring that tar0 thirds in Congress
should Prerequisite TO pass an act in regulation OF
commerce they We're apprehensive that the re-
strainsts Of a navigation law would discourage TO
reigners and BIZ obliging them TO employ the ship
their fleight. This being the case. they insisted
strenuously on having this provision engraited in
the constitution; AMI the northern States were as
anxious in opposing it,
Again Much has been said of the improperly of
representing men who have no will OF their own
whether this be reasoning Or defamation will not
presume 10 say 1t is The unfortunate situation Of
the southern States TO have great part OF their popu
lation aswell as property in blacks. The Iegula-
ton complained Of was one result Of the spirit Of &C.
commodaion which governed the convention and
without this indulgence no union could possibly
have been formed. And sir, considering sonePc
caar advantages which derive. il isentirely Just
that they should be gratihed. The southern States
possess certain staples, tobacco, RICE indigo, &c
land now above ALL cotton which must now be
capital objects IN treaties ofcommerce with foreign
nations; and The advantages which they necessarily
procurefn these treaties, will be iet throughout an
the<Siates. !"
III became necessary therefore, 10 compromise,
Or the convention would have dissolved withoutei,
feeling any thing. Would il have been wise and
prudent in thai body ID this critical situation to
/ have deserted their couniryl No. Every man VINO
Il hears rne-eyerF wise man In the United States
would have condemned Them. The conyenlion
were Obliged TO appoint committee ior accomMo-
datiou. L Il this commiiiet The arrangement was
formed As /, now stands and their report was accept
ed Il was q delcate point. and i was necessary
that all parties should Be indnlged.p
s So much for The testimony Of distinguished
northern siatesmap to The fact that The constitution
was deliberately concocied system Of compromises
the work Of - tparRitee fer aooe! isaaailea spe
cialy appointed for The purpose, and IN when com
mitiee lie rights OF The saveholder were distinctly
Iecosnizei and guaranteed. And stronger sill Is
his evidence As the representative Of great nagi1
ratin0 and commercial Stale, rs 70 the valne and
importance Of the eqnraienss gwen ~ the SCUM Io1
an he concessions made In convention, BY the morrill,
| connected with ihe subject Of slavery.
Eonaly conclusive s the evidence ofihe eloquent
and uatrioic FtsHER ANS. whose fate il was. like
Hamilton 10 be cat OF IN the fuIl bloom Of his mi
1 feilecfnsi powers. Bfgink The acceptance Of Tie
new Constitution IN The convention II assachhscits