The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-07-21
LOUISVILLE KY: SATURDAY JULY 81 1910

E ny cue pcOptc ttHueF tde RsD CONSTITUTION.
: Those who are acquainted with the constit,
D uonal history of slavery in this State, are AVA
! that the subject s generally presented to II
public mind in Il form essentially different frol
, that IL which 1t exists in our fundamental Law
There is no constitutional definition Of SLAYER,
ia this State, and there never WAS one. Thel
rs no constitutional designation Of Oh ese VIII
are, OF who may be slaves, nor any constit,
lionsl description of them; and there nevt
wss. The clause in our present Constitutio
taken, word for word, from the previons Con
sttution of 1872, which was the first COnstitu
ton of the State. Neither the old Constituiio
OF Virginia, of which State Kentucky wa
originally part, not any general statute Of III
British Parliament, In force in Virginia befor
the Revolution, nor any principle Of the Con
mon Law Of England, nor any other sovereig
act, nor any imprescriptable usage, ever existe
er can be plead as the fou ndaiion of slavery, a
il now exists in this Commonwealth. Both O
our State Constltu lions tolerated, and regulates
slavery. Neither Of them guaranteed il, neithe
| Of them defined It.. Both of thsm limited il
| beth Of them retained, In the hands of tn
Legislature, the power TO abolish il, at an time
and by any method, on the solitary condition
OF paying for the slaves; and both furnished III,
Legislature with The pnlimited power Of taxa
lion, by which TO provide the means for tina
1S0, proper u
use them in that way. Our early laws say tha
those may be slaves in Kentucky, who wer,
slaves, at particular period named in them
and that the descendants Of the females Of thos,
then slaves, may also be slaves. Upon thest
grounds slavery has ever stood, in this State
II the Constitution of Kentucky should be per
!ecly silent on the subec of slavery, then there
would be an absolute power in the Legislature
by simple repeal Of existing laws TO put an
end TO slavery or by any modification Of those
laws, that any Legislature might think proper
TO adopt, 10 modify the whole institution in any
way they thought fit. IL is manifest, theTefore,
upon the slightest consideration of the facts OF
the case, that the people Of Kentucky have al
ways possessed, and have always been fully
aware that they possessed, an unlimited power
over the whole subject, whenever they were as
sembled in Convention. 1t is further manifest,
on the slightest consideration, that this power,
20 far from being limited in its own nature,
could not in its very nature, be parted with, ex-
cepf by express constitutional provisions, nor
even then, for period longer than the existence
of the particular Constitution which contained
the special provisions. Ii is therefore utter
ly absurd, both in point of fact and in point
Of reason, TO contend, as many do, that the
Constitution of the United States, CT any
past act Of sovereignty exercised by the
people OF hentucky--or the nature Of the
case-places any sort Of Limitation upon the
power Of the people, TO DO what they please
or 10 DO nothing, in regard TO slavery, IN the
Constitution they are about 10 form. Ii is also
clear, that there is hot only high propriety,
by very urgent necessity, that the people
'houlo, in the new Constitution. as they did in
both the old ones, fully and clearly express
themselves on the subject of slavery, and by no
means leave subject Of such magnitude and
importance, either in total silence, or undeter-
mined. To do this inteIligently and wisely,
necessarily involves, in the prese state of pub
lie opinion, the iull cons Ceratlon Of the sub
Jsct and TO that its free discussion. AS long
as the old Constitution remains unchanged, IL
- impossible, with out revolution, to exercise
any power prohibited By il. The call of the
Convention replaces the people in the same con-
dlhon they occupied before they made the Con-
stitution Of 1872, before they made that of
lf9S. All power is again In their hands. and
they are again, tor The third time, called on 10
decide what use they will make Of this power,
in regard to slavery, VIII they make a greater
surrender Of 1t than they did in 1892, or 1892
w al they make IA less surrender of it than they
did at those periods VIII they make for the
third time, precisely the same surrender of DOW
er by the new Constitution These are the real
questions, that present the whole subject, and
exhaust II, and determine the future condition
Ct slavery in this State.
They are questions Of vast moment 10 the
people Of Kentucky; and their decision will
effect, probably for a long course of time, and
very deeply, all the great interests Of the State
There are very few candidates for the convsn-
tsn who are known TO have avowed themselves
Is favorable TO the last Of the three preceding
propositions; that is to lne transfer, word for
word, OF the clause in regard to slavery, from
the constitution Ofl799, 20 that Of SAG, az il had
been transferred from that Of 1892, TO that of
II99. This is remarkable; for certainly very
large party m Kentucky occupy this precise
ground; and 1t is strange that they have not
sought TO be represented in the convention
But this party has, If they will act wisely, an u!.
terror security. Let them insist on having the
new constitution submitted, for ratification, to
the vote OF the people, ano them II 1t is not made
to their mind, help TO reject it, and TO retain the
cid one. lnsuch contingency they may vet
find the Emancipation party their most effec-
tive allies; for surely every man Of this latter
party, will greatly prefer the old constitution
to any new one, TINT may give to slavery, in
creased strength or perpetuity. The bulk,
however, OF the pro-slasery candidates for the
convention, and the bulk Of that party, so far
from agreeing that slavery is an evil--which
il is the misfortune Of the State to be obliged TO
TO consider it a great adyan-
tags and blessing which il is our duty 10 foster,
to enlarge and 10 perpetuate. They desire to
II, with new constitutional guaran-
ties to make ii more difficult to be abolished, in
all time to come; and TO secure the constitution
oil prohibition Of manumissions within this
State, and the constitutional guaranty of slave
importations into it. The burden of their dis
euisitions is the divine origin Of the right Of pro-
perty Of man in man, The marked approval Of
slavery by Christ ard his Apostles--the i'm.
nense superiority Of the people in slave-hold-
ing communities to all other people-the vast
advantages Of slavery, In a moral, social, and
point Of view: the licentiousness,
poverty, and degradation Of the poor whites, in
ell countries where there are no slaves; the tur-
pitude, folly, and impractcsbility Of all schemes
Of Emancipation; the utter unfitness of ne
groea for any other condition than slavery; and,
rs the conclusion Of the whole, the necessity
for larger surrender Of power by the people in
the new constitution in regard TO slavery, in
order that the institution may be placed on a
footing at once more firm and more durable
J. am aware that unless some collector of the
essays, circulars, handbil,. speeches, pamphlets
and newspaper articles to which our present
discussions have given birth, shall transmit 10
posierity fair sample Of the political literature
Of cur day, our children will hardly believe that
such things were possible, In point Of fact,
the statements have made come short of what
hear and read, every day. This party and
these opinions are precisely opposed to what
consider true, wise, and good. l sincerely be-
Iievs that the interest, the happiness, the char
Ecttr and the Advancement Of this Common
wealth, all conspire TO deter her from such a
course. Her manifest duty, II seems TO me, Is
10 retain under the new constitution a more
ample power over the subject OF slavery, than
II
A nd il is this which ! will now endeavor to es-
Iabllsh.