The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02


of the Revolution, General Heath. openly de-
clared that according to his view, Slavery was
sectional and not national His language was
pointed. 81 apprehend," he says, "that it is
not in our power 10 do anything for or against
those rho are IN Slavery IN NE Southern States.
No gentleman within these walls detests every
idea of Slavery more than do it is generally
detested by the people Of this Commonwealth ::
and ardently hope the time will soon come.
when our brethren in the Southern States will
view it as we do, and put a stop to it but to
thiswe have no right to compel them. Two
questions naturally arise: If pe raiify the
Constitution, shall tce do anything By oar act TO
hold the blacks in Sidrsry--or shall we become
pdrtakerS Of other mems sinSl Think neither
Of them"
Afterwards, in the first Congress under the
Constitution, on a motion, which was much de-
bated, to introduce into the lmpost Bill a duty
on the importation of slaves the same Roger
M. Sherman, who in the National Convention
had opposed the idea of property in man, au-
thoritatively exposed the true relations Of the
Constitution TO Slayery->stis language was,
that the Constitution does not consider these
persons as property; it speaks of them as per-
sons"
Thus distinctly and constantly, from the very
lips of the trainers of the Constitution, we learn
the falsehood of the recent assumptions in favor
of Slavery and in derOgation of Freedom.
Thirdly. According to a familiar rule Of in
depreciation, all laws concerning the same mat
ter, an pari materid, are to be construed to-
gether By the same reason, tie grand politi-
cal acts of the Nation are 10 be Construed together
giving and receiving light from each other
Earlier than the Constitution was the Declara-
ton of Independence, embOdymg, in immortal
words, those primal truths to which our country
pledged itself with its baptismal vows as a Ma
ton ave hold these truths to be self-evi-
dent" says the Nation, that all men are cre-
ated equal, that they are endowed by their
Creator with certain unalienable rights that
among them are life, liberty and the pursuit OF
happiness; that to secure these rights govern
ments are instituted among men, deriving
their Just powers from the consent of the
governed But this does aot stand alone
There is another national act Of similar import
On the successful close of the Revolution, the
Continental Congress, in an address to the
people, repeated the same lofty truth. Let it
be remembered" said the Nation again that
it has ever been the pride and the boast OF
America, that the rights for whieh she has con-
tended acre the rights of human nature, BY
the blessing of the Author of these rights, they
have prevailed over all opposition, and FORM
THE BASIS of thirteen independent States
Such were the acts of the Nation in its united
capacity Whatever may be the privileges OF
States in their individual capacities, within
their several local jurisdictions, no power can
be attributed to the Nation, in the absence OF
positive unequivocal grant, inconsistent with
these two national declarations. Here, sir, is
the national heart the national soul, thu. ~
tional will, the national voice, which mu%7in
spire our Interpretation of the Constitution. and
enter into and diffuse itself through all the ma.
tional legislation Thus again is Freedom
national.
FourthIy. Beyond these is principle o.
the common law, clear and indisputable, q
supreme rule of Interpretation from which in
this case there can be no appeal In any ques
ton under the Constitution eUery cord rs TO b,
construed IN favor of liberty. This rule, which
commends itself to the natural reason, is sus
| taipaa by time honcr-a ~ rynns vf oar carl,
jurisprudence Blackstone aptly expresses II
when he says, that "the law is always ready +
catch at anything in favor of liberty.
Black Com, 94) The rule is repeated in va
rious forms. FdvoreS ampliandi stunt ; obi
reStringendd Favors are to be amplifed
hateful things to be restrained Ler Angh
est ler rni@ricordiG. The law of England
a law of mercy AngHe jurd IN omni cas-
hbertati dant fauoren. The laws Of England il
every case shew favor to liberty. And thi
sentiment breaks forth in natural, though in
tense, force in the maxim Impius ct crudeh
| judicandus est qua hbertatt non facet. He is Il
be adjudged impious and cruel who does no
favor liberty Reading the Constitution in thu
admonition of these rules, again say Freedom
| is national
Efthiy From a learned Judge of the Su
preme Court of the United States, in an opinion
of the Court, we derive the same lesson IL
considering the question, whether State car
prohibit the importation of slaves as merchan
die, and whether Congress in the exercise o.
its power to regulate commerce among the
States, can interfere with the slave-trade be
tween the States, principle has been enun
ciated, which, while protecting the trade from
any Intervention of Congress, declares openly
that the Constitution acts upon no man a.
property Mr.tJustice Mclean says "lf slaves
are considered in some Of the States as mer
chandse that cannot diyest them of the lead
ing and controlling quality of persons by which
they are designated in the Constitution. The
character of property is given them by the 10
cal law. This law is respected, and all right
under it are protected by the Federal authors
ties but the Constitution acts upon SlaueS a
PERSONS, and not as property" "Tht
power over Slavery belongs to the States re
spectively. 1t is local in its character, and in
| ,ka OF
r., sou Here again Slavery is sectional
while Freedom is national.
Sir, such briefly are the rules Of interpreta
ton which, as applied to the Constitution, fill
it with the breath of Freedom,
Driving far of each thing Of sin and guilt
To the history and prevailing sentiments of the
times we may turn for further assurance. In
the spirit Of Freedom the Constitution was
formed In this spirit our Fathers always spoke
and acted In this spirit the National Gov
eminent was first organized under Washing.
ton. And here | recall scene, in itself a
touchstone of the period, aud an example for
us, upon which we may look with pure ma
tional pride, while we learn anew the relations
OF the National Government 10 Slavery
The Revolution had been accomplished. The
feeble Government Of the Confederation had
passed away The Constitution, slowly ma
tured in National Convention, discussed be-
fore the people, defended by mastery pens, had
been already adopted. The thirteen States
stood forth nation, wherein was unity with
out consolidation, and diversity without dis
cord. The hopes of ali were anxiously hang
ing upon the new order of things and the
mighty procession of events. With signal
unanimity Washington was chosen President.
Leaving his home at Mount Vernon, he re-
paired to New York, where the first Congress
had already commenced its session, to assume
his place M elected Chief Of the Republic.
On the thirtieth Of April, 1889, the organiza-
ton of the Government was completed by his
inauguration. Entering the Senate Chamber,
where the two Houses were assembled, he was
l. a. A.