The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-03-23

yer miUy tNDUs IL was overcome by al
agreement. which provided, in substance
l.. That representatives and direct taxes
shall Dc apporlousd among The States, ac
cordlng 10 their respective numbers; and
that IN ascettaining the number of each,
FIVE slaves shall TO estimated as three;
:. That slaves escaping into State,
where slavery does not exist, shall not be
discharged ftom serviude IN consequence
Of any la" or regulation of such States
but shall be Delivered upon clam of the
patty ~ whom their labor or service 10
Gue;
3. That Congress shall no, prohibit he
Importation OF slave, before the year 1893,
but tax Of zen dollar. may be imposed Oh
each one imported;
d. fha, no expiration or dieec, tax shall
be laid bat IN proportion 10 federal nUt.
bers; ard,
D. Tbs. no aGeadwenl Of the C1n.,.u
ion, which may b. made. psior 10 I.0S.
shah lfsci the last preceding provision, or
that !o!a:H.,, 10 The importation OF slaves.
So satisfactory were these provisions to
the trainers Of the Constitution, lha, tie
second. relating to the delivery Of fugitive
slaves, was adopted unanimously, While lie
rest, except the third, relative 10 the ian.
poriaiion OF slaves, and to prolong The tine
from 1900 10 1908, passed with alnos,
equal unan,.n.ly; and even that was sus-
tanned by the votes Of New Hampshire,
Massachusetts,, aud Counecticut.
These PROVISIONS Of HE Constitution az.
feet the existence OF slavery IN The Union
which was about 10 be formed, and make q
specific provision for iis protection, where
II was supposed 10 be most exposed. They
80 further; they recognise slavery as al
elementary principle of the Constitution;
regulating or itniencIng the government!
created by ii in the Two most impor.
tant particulars OF representation aud taxa.
ton. Whoever will examine the records
OF the proceedings Of tina. day, will be per.
tectly satisfied that these provisions thus
intended TO be conservative of the domes.
tic Institutions Of the Souih, were indispen
sable 10 the adoption Of the Constitution;
that without il this Union cou d never have
existed, The debates OF lie convention
shos that This vas perfectly understood b
the Representatives from the non slave.
ho'drg States; and tina, with this under.
standing, they ratified the Constitution.
The act OF ratification vas q solemu pledge
Cor themselves, end i'll behalf Of their con,
s,iIuenls, for the observance OF thesc s,ipu
ations, according to their Ieuer and spirit,
How far that pledge has been redeemed, is
an inquiry, DOT to be answered by denun.
citation of the conduct, of any portion Of our
counlryTen. Ii is a simple narrative OF
events which we uti-r TO your considera
lion, by the petn.a of WHICH cur fellow
citizens, IN @haiever portion Of the Union
they may dwell, may decide for themselves
the question OF observance or violation.
For thirty years after the adoption Of the
Constitution, these provisions wcre SO fer
respected as TO give no serious cause Of
10 any body. Passing for he
p5cseni the pretenslons sci forth, and the
ag'at.ons created BY the Missou,i con,ro.
versy, we proceed TO consider the provision
III relation 10 fugitive slaves, lis operation,
and The resistance - hich il has been doom
I'd TO encounter.
That provision IL in the following words
g No person held 10 service or labor in Que
S a;c, Under the laws thereof, escaping in.
TO another State, shall IN consequence OF
any law or regulation therein, BE- dl.cherg
ed from such service or l1bor, but shell be I
up on elm of the person TO
" HON such labor or service may be due"
This provision is clear. There is not an
uncertain or eq1ivocal word To he found in
i. What shall be and ha; shaln be done,
Ire folly and distinctly set forth. 1t pro.
.ldes lha, he fogit.se slave shall no, be
discharged nom his servi,ude, but shall be
up on The claim OF his owner.
This constructs an essential part Of the
'onstllutoual compact--is part and parcel
IF The supremSlaw of the land. As such,
/ is binding on the Federal uad State gov.
,rnmen's, on The States, aud OH all the in
iiyldusls composing them. The sacred
litigation OF compact, and the solemn in {
the supreme law, which egisla
ors and j dyes, both Federal ard State, are I
ound by oath to support, all unite TO en-. I
orce ito lustImeni, according to lie plain
meaning aud Its tue intent. As 10 what
hat meaning and intent are, there vas no
lversily of opinion in the earlier days of I
be republic. Congress, The State lcgisla.
ares, Federal and State judges, snd mag. !
'tra,es, all spontaneously placed the same a
l,reprelaton Gu it. During tina, psriod I
one lnIerposed lmpedments IN the way of '
70 master, seeking to recover his fugitive e
ave; nor did any deny hls right to have 8
very proper facility for the enforcement, Of L
is claim TO have him delivered up. Ii $
as then almost as easy to recover one II
,und in a non slaveholdlng State, as one f
und in neighborng slaveholdIng Safe. e.
ut this state of thugs has passed away. b
nd, 10 all practical purposes, The provision |
ay be said To be almost detunct. Now, II
hen We take into consideration the i'm "
,r,ance Of this provision, end tho clear =
Il i %