The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-14

MUM.
rather than 70 his msrls Lei him not mistake the source
to which he is indebted for this notice. sH uua
The wonderful discovery Of Mr., Spooner consists in
this that The tenn aps is found in the constitution,
and that the language OF those provisions which
supposed 10 refer the subjects OF siaues and slavery
does not necessarily or properly describe them. The
famous provision requiring the delivering NY Of per-
held 10 labor in one STATE under he ta,ss
thereof. eseapins, &c, he argues has sole relation 10
apprentices, &c, and slaves the clause prohib
ting the migration importation of persons, being
controlled by Congress- he contends has reference 10
saUs. but 10 other emgants and the clause relating to
representation and taxation he wlfuly pervets stupidity
msundestands The groundwork of this whole matter
the constitution is found in the clause OF the first article.
defining the basis of the whole federal organization OF the
government Here the exact words Representa-
tves and direct shall be apporoned among the
eral States which may be included within this Union
cordng to their respective numbers which shall be de-
ermned by adding to the whole number Of free persons,
including those bound to service for term of years.
and ereding Indians not Jared, three hs of all other
persons" The actual enumeration shall be made with
in three years., &C., SC. In this Identical clause
allowed to each State is fixed and defined, and
on the basis that the Mree.ffMs of all other per-
sons meant hree.ffhs Of all the slaves and they
were represented in the first Congress, and have
been in every one since The of Congress passed
shortly after the adoption OF the constitution, fixed
this enumeration as the rule of representation for the
southern States and they have always enjoyed it. Did
the people of the northern States know this when
they adopted the constitution Did they not know that
the oer persons here mentioned described the slaves
in the respective States So also did they know that
the terms persons" and 'persons held to service Ia
bor," &C., meant slaves Not man in the whole thir
teen States ignorant OF the fact that slavery and saues
were referred to and provided for in the constitution
In the saith No. OF the Federais written by Mr. Madi-
the following paragraphs found which expressly
refer TO the subject Of SLAVES and slavery NAME as in
troduced into the constitution
!" may be replied perhaps that save are no, included
in the estimate Of representatives in any of the States pos
sessng them They neither themselves
ought they be the federal estimate Of repre-
sen,aons In rejecting them altogether the constitution
have been appealed 70 as the proper guide"
LET the Of the SLAVES be considered in truth
peculiar one Let the compromising expedient OF the
constitution be mutually adopted, which ards them
nhabi.an but debased by servitude below the equal
level Inhabitants which regards the aUe Invested
| OF two hhs OF the man" t ~
And so also in No. ~ OF the same celebrated work.
written by Mr.. Madison, the following paragraph is
found: &
" doubtless be wished that the power of pro-
until The year 1905 Or rather. had been suffered
have Immediate operation B not difficult 10 account
either for this restriction tie general government
the manner in which the whole clause is expressed"
These letters written, published. and circulated
among the people in every State before the adoption of
the constitution and yet these abolition oracles have the
mpudence TO assert that SLAVES and siapery sup
posed TO be referred TO in that instrument Of
The term "slave" omitted of tenderness to the
scrupes Of some northern members Of the convention !;
bot language employed that described the condition
and relation Of Slaves and slavery just plainly as if
they had been expressed The South yielded the shadow
and were content with the substance. The founda.
ton OF this whole abolition argument this, that when
it asserted that slaves slavery is referred TO in
the constitution, the language applies simply to appen.
tees redemptoners hired bound servants for legal
term.
Under this idea, long agumen, is resored to prove
that the term hd" legal phrase, only bound,
and cannot be regarded descriptive of slavery Mr.
Spooners notions of law 10 be in state OF beau,
full confusion" He tells us the language Of the cons,itu
ton does apply slaves slavery and yet does no,
define describe what slavery itself is. He also tells us
that slavery is against the fundamental law and yet he
does tell us what law forbds IT, He writes If he
regarded slavery relation subssng under the fede
raj constitution and he does interpret that ns,ru
ment recognise tolerate il, he concludes tina,
il is unconstitutional Ii is certain that he does say
this in express but il he anything, he must
this This inference is strengthened by the
ton he makes that slavery has only been recognised in
OF the State constitutions since The federal const
ton adopted His ideas of constitutional law are
about definite and precise those of the witness who
swore that he knocked down with "pre,ty consid-
cradle stone" about the "sze OF lump OF chalk" Mr.
Spooner thinks slavery is something not recognised
in the federal constitution, and, il is no, found
there, it must be contrary 10 the constitution where
ever il exists Now, it would that two con.
sderations which would have had much weight with
every statesman and lawyer in the country from the
alton Of the constitution TO the present time, have alto
gethe escaped the Agos eyes Of Mr. Lysander Spooner
These are, that slavery as il exists and did
is the adoption OF the constitution is very clearly
cognsed and guaranteed in tina, instrument 2, tha,
slavery a matter of State creation and Stale regulation
with which the federal government has netting to do
but 10 let alone, and TO in each State from be-
ing encroached upon by others As to the first OF these
considerations, let inquire for moment what slavery
his courtryis The institution Of slavery is simply