The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02
WASHINGTON, THURSDAY, SEPTEMBER 2, 1852.

head and that ostriches digest iron Accord
ing to the true spirit of the Constitution, and
the sentiments of the Fathers Sldrerq and
not Freedom is sectional while Freedom and
not Slavery is national. On this unanswerable
proposition take my stand And here COM
mences my argument.
The subject presents itself under tiro princi-
pal heads FIRST, the true relations of the M
tional Government 10 SiaUery wherein it will
appear that there is no national fountain out
Of which Slavery can be derived and no ma
tional power, under the Constitution by which
it can be supported Enlightened by this
general survey, we shall be prepared to con-
slider, SECONDLY, the true nature of the proUiSion
for the rendition Of fugitiUeS from labor and
herein especially the unconstitutional and Of
fensive Legislation of Congress in pursuance
thereof
l. And now for the TRUE RELATIONS OF THE
NATIONAL GOVERNMENT TO SLAVERY. These
will be readily apparent, if we do not neglect
well-established principles
If Slavery be national if there be any power
in the National Government to uphold this in
stitutioI.-as h the recent Slave Act-it must
be by virtue of the Constitution. Nor can it
be by mere inference, implication, or conjecture.
According to the uniform admission of courts
and jurists in Europe, again and again promul
gated in our country, Slavery can be derived
only from clear and special recognition. The
state of Slavery" said Lord Mansfield, pro-
nouncing judgment in the great case of Somer-
sett, sis of such nature, that it is incapable
of being introduced on any reasons moral or
political, but only by positive lac. 1t is so
odious, that nothing can be suffered TO support al
but POSITIVE LAw."-lH owelps State Trials,
vol. 30, p. S2) And a slaveholding tribunal,
the Supreme Court of Mississippi, adopting the
same principle, has said:
Slavery is condemned by reason and the laws of
nature 1t exists and can exist only through NUM-
cipal regulations - Harry VS.. Decker, Walker X,
| 42)
And another slaveholding tribunal, the Su-
preme Court of Kentucky has said:
eve view this right existing by positive lar
of a municipal character. without foundation in the
law of nature the unwritten and common law. ~
| Rankin VS.. Lydia, 2 Marshall, 400
OF course every power to uphold Slavery
must have an origin as distinct as that OF Sla-
| very itself, Every presumption must be as
strong against such power as against Slavery.
A power so peculiar and offensive, so hostile
to reason, so repugnant to the law OF nature
| dNu UDOrn hiSntS Vi MINI WHiCu ucepohS
its victims of the fruits of their labor which
substitutes concubinage for marriage which
| abrogates the relation of parent and child =;
which, by denial of education, aliases the in
tellect prevents true knowledge Of God, and
murders the very soul which, amidst plau-
sible physical comfort, degrades man, created in
the divine image, to the level of beast such
a power, so eminent so transcendent so tyran-
| nio find nj in nv
tenn of Government unless by virtue of positive
sanction 1t can spring from no doubtful
phrases. 1t must be declared by unambiguous
words, incapable of double sense
Slavery, now repeat is not mentioned in
the Constitution. The name Slave does not
pollute this Charter of our Liberties. No "pos-
tive" language gives to Congress any potoer to
make Slave or to hunt a Slave To find even
any seeming sanction for either, we must travel
with doubtful footsteps, beyond its express let
ter, into the region of Interpretation. But here
are rules which cannot be dsobeyed With
electric might for Freedom, they send perva-
she influence though every provision, clause,
and word of the Constitution. Each and all
make Slavery impossible as a national institu-
ton. They efface from the Constitution every
fountain out of which it can be derived.
First and foremost, is the Preamble This
discloses the prevailing objects and principles
of the Constitution Thsis the vestibule through
which all must pass, who would enter the sa.
cred temple Here are the inscriptions by
which they are earliest impressed. Here they
first catch the genius of the place. Here the
proclamation of Liberty is first heard. 1--WE
the People of the United States " says the Pre-
amble, in order to form more perfect Union,
establish Justice, insure domestic tranquility, pro-
vide for the common defence, promote the gem
erai pelfare and secure the blessings of Liberty
| to ourselves and our Posterty, do ordain and
establish this Constitution for the United States
of America Thus according to undeniable
words, the Constitution was ordained, not to
establish, secure, or sanction Slavery--not to
promote the special interests of Shareholders
not to make Slavery national, in any way, FORM
or manner but to Establish justice" "pro-
mote the general welfare" and secure the
blessings Of Liberty" Here surely Liberty is
national.
Secondly Next in Importance to the Pream-
BILE are the explicit contemporaries deelard-
irons in the Convention which framed the Con-
stitution, and elsewhere, expressed in different
forms of language, but all tending to the same
conclusion. By the Preamble, the Constitution
speaks for Freedom. BY these declarations,
Early in the Convention, Gouverneur Morris,
of Pennsylvania, broke forth in the language of
an Abolitonist: "He neuer wouM concur IN
uphoiding domestic slavery 1t was nefarious
institution 1t was the curse Of Heaven on the
State where it prevailed" Oliver Ellsworth, of
Connecticut said "The morality or wisdom of
Slavery are considerations belonging to the
States themselves" According to him. Slavery
was sectional
At later day discussion ensued on the
clause touching the African slave trade, which
reveals the definitve purposes of the Conven-
ton From the report of Mr.. Madison we
learn what was said Elbridge Gerry, of Mas
sachusetts, thought we had nothing to do
with the conduct of the States as to Slavery,
but we ought to be careful not 10 give any sane
tion 10 IT," According to these words, he re-
garded Slavery as sectional, and would not
make it national. Roger NJ. Sherman, of Con-
nectcut "was opposed to any tax on slaves
imported. as making the matter worse, because
| ii Implied they were property" He would not
have Slavery national. After debate, the sub
iect was committed to a committee of eleven,
who subsequently reported a substitute au-
tborizing a tax on such migration or import
alton at q rate not erceeding the average of du-
ties laid on imports" This language classify
ing persons with merchandise, seemed to imply
a recognition that they were property Mr.
Sherman at once declared himself against
this part, as acknowledging men 10 be property,
by taxing them as such under the character Of
slaves" Mr. Gorham thought Mr.. Sherman
should consider the duty not as implying that
Slaves are property, but as encouragement to
the importation Of them.o Mr.. Madison in
mild jurdical phrase "thought IL wrong 10 ad.
nit IN the Constitution The idea that there could
be property in man" After discussion, it was
finally agreed to make the clause read: