The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-07-04

"'A''' NM i0''e1s on MS Ieet, ana brand him as
your property, after having 30 classed him In
your statute books, in violation Of the Constitu.
ton; yet he is still nan--he Is still our brother
Mr. Chairman, can 1t be possible that the Con-
gress OF this great Republic is prepared to per-
vert its powers by forging chains for millions
yet unborn, by opening new fields and markets
for slavery God forbid that il should be 80
But If it is SO to be, let say to you all Gentle
men of the House Of Representatives of this
American Congress, be not deceived. God is not
to be Knocked IL we SOW TO the storm of cruelty
and oppression, We must reap the whirlwind Of
woe aud tribulation. But, sir, ] am dwelling too
long on these interesting topics must pass on.
IL has been stated on this floor, by an honor
able gentleman from Missouri, MIR GREEN, that
our Government was founded in slavery. He
says, "my purpose is not to add fuel to the
flames that already threaten to envelop us in one
general conhagration" wish to say, sir, for the
relief of this gentlemsn's fears, who thinks the
Republic is about to be reduced to ashes that he
must have made mistake in his reading-tbSt
he has taken the history Of the Barbary States
for that of the United States The former, |
believe, were founded in slavery and, in the
progress of their piratical warfare they captured
our American seamen in the Mediterranean, and
sold them slaves. But there is one fact which
he ought to remember, and that is, that slavery
If it had been, we should have thought the en-
)-51errsDeoD between the
neets OF Decatur and Hammadi, which settled
this matter, strange sort Of communion"
One other incident it would be we'll for us TO re-.
member. In the adjustment Of that difficulty,
full liberty was restored to the slaves, and,
instead of shareholders being rewarded for their
crimes, they were compelled to make compensa-
ton for past injuries, and to give bond for their
good behaviour in the future
will now, Mr.. Chairman, pass to considera-
ton of the Constitution as relating to this sub
jeot. IL was well said, the other day, by the
great champion Of the Constitution in the other
end Of the Capitol, that this instrument made no
provision for the delivery of fugitive slaves, and
the extradiion clause provides only for appren-
tees and minors bound to service or labor. We
are, therefore obliged to 20 out Of the literal
construction of the Constitution into an equity
view in order to reach the slave. What, then, is
equity in relation to all the parties concerned
In order to answer this question, we must look at
the circumstances that surrounded this whole
controversy at the time the Convention was act
ing on this subject. In doing so, we find, as the
Senator referred to Mr.. WEBsrER] further
stated, that the Southern Statsswere anti-slavery
in tendency, AHA encouraging emancipation as
fast as il was deemed practicable. The relation,
thHrHfas>, '.~AA- tbe -iavs JSx@- -
slaves, was considered in the light OF guardian
and minor, and the slaves were encouraged to
hope that they would be permitted 10 enter a con-
dition of freedom as soon they could be fitted
to enjoy it. Ii was thought proper that slaves,
under such circumstances, should be returned 10
their legitimate guardians or masters. To sup
pose any other constitutional view of the relation
Of servant and master, at that day, would be to
convict James Madison, and the other illustrious
Free-Soilers of rs, of hypocrisy in refusing to
let any word imply ing property in man 60 into
the Constitution
But how stands the case now d? Most Of the
slave States have changed their character and
purpose on this subject. Instead of seeking TO
ameliorate the condition of this unfortunate race,
they have passed laws that doom them to perpet-
ual ignorance as well as bondage, as the follow
ing extract will show
"Apy free persons who shall hereafter teach attempt
TO teach any slave within this State to read write CHE
Of figures excepted shall give sell 10 such slave
or slaves books pamphlets shall be liable to indic
ton thereof and shall be fined imprisoned whipped at
the discretion Of the court not exceeding Tint, nine lash
es"-Vide REVISED Statutes Of North Carolina, 1890.
Similar laws will be found in most of the slave
States
1t is a curious fact, worthy of remark in this
Christian age, that st. Paul received precisely
the same penalty in his day for the very same
crime-that is for assisting to develop that intel
lect which God had given his children.
The relation this Government bears to this
subject may be still further illustrated by the
fugitive clause in the Constitution providing for
the delivery of criminals fleeing from justice
This clause, sir, you aware, is similar to the
one Of which have been speaking. IL imposes
the same obligation on the Federal Government
to deliver fugitives from justice; yet we should
understand there is some limitation to the exer-
else of thisp power. Suppose some of the States
should establish by law certain kind Of religion
las the Constitution only restraints the General
Government on this subject and make its viola
ton States prison offence, would Congress be
bound to aid in returning fugitive from such
law? Certainly not, although all such proceed
iDgs might not in the least conflict with the strict
letter of the Constitution.
The true construction Of law is to be found
in this maxim "The reasonableness of the law
is the soul Of the law This is equally as good
rule for our guide In legislation as in jurispru-
dence. IT, then, some of the States have per-
verted their prerogatives of government, it is no
reason why the Federal Government should
assist the States in the exercise Of gross per-
version of power, that which thus seeks to blot
out the intellect Of whole race to the turning
of men into brutes and thereby robbing itself of
its chief element of power--the intelligence of
the masses
We should always bear in mind that the object
of all good government Is to protect the weak
against the invasion of the strong. IL was so
understood by the Convention. Hence the pre-
amble: {" We, the people Of the United States, in
order to form more perfect union, establish JUS
tice, provide for the common defence promote the
general welfareo sc.
But constitutional argument is sometimes
claimed in support of slavery, from the clause
fixing the basis of representation in Congress- as
well as from the clause authorizing Congress to
suppress instructions.
The clause that cuts off two fifths of the popu-
lation in every State, far as its people are kept
in ignorance and slavery, is an argument itself
against slavery. The other clause touching in
surrections is equally applicable to free as well
as slave States The Constitution, in order to be
pro-slavery, should hold the Federal Government
responsible to do some act in support Of slavery.
1t is not sufficient that it occupy negative posi-
ton. But, sir, let us pass to a rapid view Of the
one only remaining clause claimed as supporting
slavery. refer to the one Withholding jurisdic-
tion from the Federal Government over the for
eign slave trade for the term oftwenty years
The compromises of that instrument have been
greatly misunderstood IL was compromise as
to jurisdiction rather than of principle We have
been laboring under the mistakes Of false ednca-
ton on this subject The argument attempted by
the gentleman from Georgia, Mr. TooMBs, as
also by the gentleman from Kentucky, Mr..
MoREHEAp, like the quotation from Scripture by
the distinguished Senator from Massachusetts,,
Mr. WEBSTER, to which have already allu-
died. proves too much, as the lawyers sometimes
sly OF witnesses The argument that would hold
the General Government responsible for the con-
tinuance of the foreign slave trade at time when
the power to control II had not yet been surren-
dered to IL by the States, would hold the Govern
men equally responsible for the existence of high
way robbery or any other crime which any State
might see fit to tolerate while claiming jurisdiction
Just as rightfuly could the United States and
England be severaly held responsible for peculiar