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

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djcial name but in trembling obedience TO the
genius of the British Constitution pronounced
a decree which made the early boast a practi-
cal verify and rendered Slavery forever impos-
shle in England More than fifteen thousand
persons, at that time held as slaves in English
air-four times as many as are now found in
this District-stepped forth in the happiness
and dignity Of freemen.
With this guiding example let us not des
pair. The time will vet come when the boas
Of our Fathers will be made II practical verify
also, and Court or Congress in the spirit 81
this British judgment will proudly decar,
that nowhere under the Constitution can mar
hold property in man. For the Republic suci
a decree will be the way of peace and safety
AS Slavery is banishcd from the national ju
risdictOn, it will cease to vex our national
politics. 1t may linger in the States as a To-
Cal institution but it will no longer engendeI
national animosites when it no longer de-
mands national support.
H. From this general review Of the relations
Of the National Government to Slavery,
pass 10 the consideration Of the TRUE NATURE
OF THE PROVISION FOR THE SURRENDER OF ~.
GTIvES FROM LABOR, embracing an examina-
ton Of this provision in the Constitution, and
especially of the recent act Of Congress in pur-
suance thereof And here, as begin this dis
cussion, let me bespeak anew your candor. Not
in prejudice, but in tho light Of history and Of
reason, let US consider this subject The way
will then be easy and the conclusion certain
Much error arises from the exaggerated i'm
pOrtance now attached to this provision, and
from the assumptions with regard to it, origin
OH al. q of, a
thatlt was suggested by some special difficulty
which had become practically and extensively
felt, anterior to the Constitution. But this is
one Of the myths or fables with which the sup
pOrters of Slavery have surrounded their false
god In the Articles of Confederation, while
provision is made for the surrender Of fugitive
criminals. nothing is said of fugitive slaves or
servants and there is no evidence in any quar-
ter, until after the National Convention, Of
any hardship or solicitude on this account
No previous voice was heard to express desire
for any provision on the subject The story to
the contrary is a modern fiction.
/ put aside as equally fabulous the common |
saying that this provision was one Of the origi- |
nal compromises Of the Constitution ana an |
essential condition of Union. Though sane.
toned by eminent judicial opinions it will be-
made, without any support IN the records Of
the Convention. the only authentic evidence Of
the compromises nor will it be easy to find
any authority for it in any contemporary doc
ument, speech published letter or pamphlet Of
any kind 1t is true that there were compro-
misses at the formation Of the Constitution
which were the subject Of anxious debate but
this was not of them.
I Il II
and large States, by which equality was secur-
ed to all the States in the Senate There was
another compromise finally carried under
threats from the South on Tie motion Of Il Ncw
England mCmJeE by which the Slave States
were allowed Representatives according to the
whole number Of free persons, and three-ffths
Of all other persons thus securing political
power OH account Of their slaves in cOnsidcra-
ton that direct taxes should be apportioned in
the same way. Direct taxes have been impos-
ed at only four brief intervals The political
power has been constant, and, at this moment,
sends twenty-0ne members to the other House
There was third compromise, which can
not be mentioned without shame. 1t was that
hateful bargain by which Congress were re-
strained until 1903 from the prohibition Of the
foreign slave trade thus securing, down to that
period liberation for crime. This was pertna-
cOusly pressed by the South even to the extent
OF an absolute restraint on Congress John
Rutiedge said "If the Convention thinks
North Carolina, South Carolina, and Georgia,
will ever agree to this plan the Federal Con
sttuton unless their right to import slaves be
untouched, the expectation il vain. The people
OF those States will never be such fools rs to
give up so important an interest Charles
Plnckney said: South Carolina can never re-
ceiye the plan Iof the Constitution if it pro-
hlbits the slave trade Charles Cotesworth |
Pinckney thought himself bound to declare |
candldly that he did not think South Carolina |
would stop her importation of slaves in any
short time" The eiirontcry of the Shareholders |
was matched by the sordidne,5 Of the Eastern |
members who yielded again Luther Martin, |
the eminent member of the Convention. in his |
contemporary address to the Legislature of
has described the compromise. II
found" he says that the Eastern members.
their aversion to Slavery. were
very willing to indulge the Southern States. at
least with temporary liberty to prosecute the
slave trade, prorHicd hc Southern States wouM
m their turH gratity Mcm, bg iawRg no rcSiric-
ton on navigation dciyo The bargain was
struck, and at this price the Southern States
gained the detestab'e indulgence. At Il subsc-
luent day, Congress branded the slave trade MS
piracy and thus, by solemn legislative act. ad-
Judged this compromise to be lelonious and
wicked
Such are the three chief original compromi-
'es OF the Constitution and essential conditions
d Union. The case OF fugitiyes from labor
Il not OF these. During the Convention. it
was not IN any way associated with these Nor
II there any evidence from the records of this
BODY that the provision on this bicct was re-
garded with any peculiar interest As its alb
'ence from the Articles Of Confederation had
not been the occasion of solicitudc or desire
anterior to the National Convention. 70 it did
not enter into any of the original plans Of the
constitution II was introduced mt n late period
u the Convention and with very little and
most casual discussion adopted A few facts
Will show how miounded are the recent AS
sumptions
The National Convention was conyoked 10
meet Mt Philadelphia on the second Monday
an May 1881 Several members appeared at
tins time but a majority of the States not
beng represented those present adjourned
from day to day until the 25th, when the Con
yention wa organized hv the choice of George
Washington, ay President On the 2sth a
new bret rules aud orders were adopted On
the next day they commenced their great
work
On tins day Edmund Randolph of slaychold-
ing Virginia, laid before the Convention a 80.
RES OF sixteen resolutions containing his plan
for the establishment Of a new National Gov |
eminent, Here was no alusion to fugitive
slaves
90 the same day, Charles Pnckncy, of slave
holding South Carolina. laid before the Con
yenton what is called draft of Federal
Government 10 bee agreed upon between the
Tree and independent States of America, au
elaborate paper, marked by considerable mi
nnteness OF detail. Here are provisions, bor-
rowed from thc Articles of Confederation, SCI
curing t, citizens Of each State equal priv.
leges in the several States: giving faith 10 the