The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-15

OF 80 deg. 80 min, others south of "a deg which
should be regarded at least free TO slavery, and
TO be organized into slave States.
Argument ingenious and subtle, defamation
earnest and bold, and persuasion gentle and win
ming as the voice OF the turtle dove when IL Is heard
in the land all alike and all together have failed TO
convince me Of the soundness of this principle OF
the proposed compromise, of any one of the pro-
positions which ii is attempted to be cstab-
hshed.
How is the original equality of the States proved
II rests on asyllogism Of vattel, follows All
men are equal by the law of nature and of nations;
but States are only lawful aggregations Of indvid-
ual men, who severaly equal: therefore. States
arc equal in natural rights All this is Just and
sound: But assuming the same premises, to wit.
that all men are equal by the law of nature and of
nations, the right Of property in slaves falls to the
ground; for one who is equal to another cannot be
the owner or property of that other. But you
swsr that the Constitution recognises property in
slaves. II would be sufficient, then, to reply that
this constitutional recognition must be void, be-
cause il is repugnant TO the law of nature and OF
nations. But deny that the Constitution recog-
most respectfully that the Constitution not merely
does not affirm that principle, but, the contrary
altogether excludes IL.
The Constitution does not expressly affirm any
thing the subect all that it contains two in
cidental illusions to slaves These are, FIRST in the
provision establishing ratio of representation and
taxation; and, secondly, in the provision relating
to fugitives from labor. In both cases the Consti-
~
much less as chattels, but persons. That this
cognitlon OF them persons was designed is his
torically known, and think was never denied |
give only two Of the manifold proofs. First, John
Jay, in the Federaiisf, says
Let the Of the slaves be considered, as it is
in truth, peculiar Let the compromising G
expedient of the Constitution be mutually adopted,
which regards them as inhabitants, but as debased
below the equal level of free inhabitants which
CARDS the slave divested of two ffths of the
man.
Yes. sir of two ffths but of only two ffths eav-
ing still three fths; leaving the slave still i'ab
ttdnf-a persona living, breathing, moving, rea-
soning, immortal man.
The other proof is from the debates in the con-
vention. 1t is brief and think instructive;
"Arigusf2S, l7S7.-Mr. Butler and Mr.. Pinckney
moved to require fugitive slaves and servants 10 be
delivered up like convicts.
"Mr. Wilson. This would oblige the executive
of the State to do it at public expense.
''Mr. Sherman saw no more propriety in the
public seizing and surrendering slave servant
than horse
'.Mr. Butler withdrew his proposition, in order
that some particular provision might be made apart
from this article.
.Augtisf 29-Mr Butler moved to insert after
article Is: IF any person bound to service labor
in any of the United States shall escape into an
other State, he or she shall not be discharged from
such service labor in consequence of any regula-
tion subsisting in the State which they escape,
but shall be delivered up to the person Justly claim
ing their service or labor
"After the engrossment, September l5, page $50,
article 4, section 2, the Sd paragraph the term de-
gally was struck out and the words under the laws
thereof inserted after the word State, in compli-
ance with the wishes Of some who thought the term
legal equvocal, and favoring the idea that slavery
was legal in a moral Utetc.'
TMadison's debates, PIP. 4s7, 492.
j deem it established then, that the Constitution
does not recognise property in men, but leaves that
question, as between the States, to the law of
ture and OF nations. That law, as expounded by
Vattel, is founded in the of things. When
God had created the earth, with its wonderful
adaptations, He gave dominion il to man
absolute human dominion. The title of that do
minion thus bestowed would have been incomplete,
II the lord of all terrestrial things could himself
have been the property of his fellow man.
The right to hare slave implies the right in
some one To make the slave; that right must be
| equal and mutual, and this would resolve society
into state of perpetual But If we grant the
original equality Of tho States, and grant also the
constitutional recognition of slaves as property, still
| the argument we are considering fails; because
the States are not parties 70 the Constitution as
States Il Is the Constitution OF the people OF the
United States.
| But even IL the States continue as States, they
surrendered their equality States, and submitted
themselves TO the sway OF the numerical majority,
with qualifications checks-hrst, of the repre-
sentation of three hs Of slaves in the ratio of rep
resentation and taxation and, secondly, of the
| equal representation of States in the Senate.
The proposition OF an established Classification OF
|
by some, and into northern and southern, main
tanned by others, seems 10 me purely imaginary
and OF course the supposed equilibrium OF those
classes mere conceit. This must be so, because
when the Constitution was adopted, twelve OF the
thirteen States slave States and SO there
| no equilibrium. And so TO the classification o
States as northern States and southern States II Il
the maintenance of slavery by law in State, no
parallels of latitude, that makes il a southern
State. and the absence of this that makes il north
| cru State. And 50 all the States save one wer,
southern States, and there equilibrium
But the Constitution was made not only for south
crn and northern States, but for States neither
northern southern-the western States, their
coming in being foreseen and provided for.
IL needs little argument TO show that the idea OF
joint stock association, or copartnership as APP
plicabe even by its analogics 10 the United States
Is erroneous, with all the consequences fancifully
deduced from il. The United States political
State, or organized society, whose end is govern
mcnt for the security, welfare and happiness Of all
who live under its protection. The theory am
combating reduces the objects Of government 10
the mere spoils Of conquest On the contrary Of n
theory so debasing, the preamble of the Constitu-
ton not only asserts the sovereignty 10 be not in
the States but in the people, but also promulgates
the objects Of the Constitution:
We, the people Of the United States, in order TO
form a more perfect UNION, estsbli Justice insure
donesfic tranquility, provide for the common de-
fence, promote the oEsERAL wELrAHE. and secure
the biessing' u liberty. do ordan and establish this
Constitution, s.
h Objects sublime and benevolent They exclude
the very idea OF conqucsts, 10 be either divided
among States even enjoyed by them, for the pur-
pose Of securing, not the blessings Of liberty, but
the evils of slavery. There is a novelty in the prin.
ciple Of the compromise which condemns il.
simultaneously with the establishment of the Con-
stitutioD, Virginia ceded to the United States her
domain, which then EXTENDED To the Mississippi,
and was even claiming TO extend 20 the Pacific
ocean. Congress accepted il, and unanimously de-
voted the domain To freedom, in the language from
which the ordinance now so severely condemned
was borrowed. Five States have already been or
ganized ON this domain, from all Of which, in par.
suance OF that ordinance, slavery is excluded. How
did IL happen that this thcory of the equality of
States, Of the classification Of States, Of the equib
rum Of States Of the title Of the States to common
enjoyment Of the domain, or to an equitable and
just partition between them, was neyef promolga-
ted nor even dreamed of by the slave States, which
unanimously consented 70 that ordinancei
There u another aspect OF the principle OF com.
promise which deserves consideration. II assumes
that slavery, IL not the only institution Ia slaye
State Is at least ruling institution, and that this
Characteristic recognised by the constitution.
But siaruy Is only one of many institutions there;
freedom is equally institution there. Slavery Is
only a temporary, accidental. partial, and incon-
gruous one. Freedom, ON the contrary Is a per.
petual, organic, universal one, in harmony With
the Constitution Of the United Sfatcs The slave-