The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-28

any powsr to make slave or to hunt slave. To hnd
even any seeming sanction for either must travel,
with doubtful footsteps beyond It's express letter. into the
region OF interpretation But here rules which
not be disobeyed With electric might for freedom they
send pervssve influence through every provision,
clause, aud word OF the constitution Each and all
make slavery impossible as national institution They
it be derived.
First and foremost is the preamble This discoses the
prevailing objects and principles OF the constitution
lhls IS the vestibule through which all must pass who
would enter the sacred temple Here the inscrip
tons by which they earliest impressed Here they
isl catch the genius Of the place Here The proclama-
United States says the preamble Sin order TO form
more perfect Union, establish justice, insure domestic
tranquility. provide for the common defence promote the
general Uers, and secure The blessings Of liberty 10 our
selves and our postenty do ordaln and establish this
constitution for the United States OF America" Thus,
according to undenabe words the constitution was
daned not 10 establish, or sanction saveryo
TO promote the special interests OF acknowledgements \,
make slavery national in any way. form, manner
but TO establish justice" promoe the general weare
and secue the blessings OF liberty" Here surely liberty
is national
Secondly Next in importance to the preamble are the
explicit c0ntemporaneous declarations in the convention
which framed the constitutions and elsewhere expressed
in different forms OF language, but all tending TO The
conclusion By the preamble the constitution speaks for
freedom B these declarations the fathers speak the
constitution speaks Early in the convention Gouverneur
Morris, OF Pennsyvana, broke FORTH In the language of
an abo!ltionis "Hs could in upoidng do
nestle slavery 1t was neiarious institution. 1t was
the curse OF Heaven on the State where il prevailed"
Oliver Ellsworth, OF Connecticut, said "The morality
or wisdom OF slavery considerations belonging 10 the
States themselves" According TO him slavery was SEC
tional. ~ stEf
AT later day, discussion ensued the clause touch
ing the African slave trade. which reveals the defnwe
purposes OF the convention. From the report Of Mr..
Madison we learn what was said Elbridge Gerry, of
Massachusetts,, Thought we had nothing 10 do with the
conduct Of the States TO slavery but ought to be
careful not TO give any sanction to it," According 70
ha r.loIu
not make il national Roger Sherman. Of Connecticut,
was opposed TO any tax slaves imported, making
the matter worse because implied they property"
he would not have slavery national After debate the
subject was committed TO committee OF eleven, who
subsequently reported substitute, authorizing
on such migration or importation at rate not exceeding
the average OF duties laid imports" This language,
classifying persons with merchandise seemed TO imply
recognition that they were property. Mr. Sherman At
once declared himself against this part, acknowl
the character OF slaves" Mr. Gorbam /" thought Mr..
Sherman should consider the duty not implying that
slaves are property, but as encouragement TO the i'm
poriaon OF them" Mr. Madison, in mild jaritca phrase,
thought it wrong to admit in the constitution the idea
that there could be property in man." After discussion
II was finally agreed 10 make the clause read:
But a duty may be imposed on such Importation
not exceeding ten dollars for each person" Il
The difficulty seemed then to be removed, and the
whole clause was adopted. This record demonstrates
that the word persons employed in order 10 show
that slaves everywhere under the constitution al
ways TO be regarded persona and not property and
thus TO exclude from the constitution all idea that there
can be property in Remember well that Mr. Sher-
was opposed to the clause in lis original form "as
acknowledging men to be property; that Mr. Madison
was also opposed 10 IT, because he Thought t0roag
admit In the constitution the idea that there could bo
property IN man " and that, alter these objections The
clause was so amended TO exclude the idea. But sa
very cannot be national unless this idea is distinctly and
uneauivocay admitted into the constitution.
Nor is this all. In the Massachusetts convention TO
which the constitution when complete, was submitted
for ratification, a veteran of the revouion-General
Heath--Opeuy ar n his Wis vv
slavery was sectional, and not national. His language
was pointed 81 appehend," he says that it is not in
power to do anything Tor against those who in
slavery in the southern States No gentleman within
these walls detesIs every idea OF slavery than do
II is generally detesied by the people OF this Common
wealth and afdently hope the time will come,
when our brethren in the southern States will view
we do, aud put stop TO III but 10 this we have right
TO compel them Two questions naturally arse II we
raty ihe constitution, shall do anything by our act
TO hold the blacks in slavery shall we become par.
takers OF other men's snsl think neither Of them"
Afterwards. in the first Congress under the consitu
ton, motion, which much debated, TO introduce
into the imposi bill duty on the importation Of slaves,
the same Roger Sherman, who in the Natonn Conven-
ton had opposed the idea OF property in man, auhoria
lively exposed the true relations OF the constitution 10
slavery His language was that tha constitution does
not consider these persons as property speaks OF them
as persons"
Thus distinctly and constantly, from the very lips OF
the trainers Of the constitution, learn the fasehood
OF the recent npuon N favor OF slavery and IN dero
gatloa OF freedom.
all laws concerning The same matter, IN par matertG,
TO be construed together BY the reason, the
grand political acts OF the nation TO be construed to-
gether, giving and receiving light from each other. Ear
ler than the constitution the declaration OF lnde.
pendence, imbodyng, in immortal words, those primal
truths 10 which our country pledged itself with ls bap.
tsmal vows as a nation 1--WE bold these truths 10 be
seeVident" says the nation, 'that all men are created
equal that they are endowed by their Creator with
tam inalienabe rights; that them are life, liberty,
and the pursuit oil happiness that 10 secure these rights
governments Instituted among men, deriving Their Just
powers from the consent OF the governed" But this
does not stand alone There s another national act OF
similar import On the successful close OF the revolution
the Continental Congress- In address TO the people,
the nation again, 'tha il has been the pride and
the boast OF America that the rights for which she has
contended the rights OF human nature. by the
blessing OF the Author OF these nghts they have pre-.
vailed all opposition, and FORM THE BASIS OF thir
teen independent States" Such the acts of the ma
ton in It's united capacity Whatever may be the prvi
leges OF States IN their individual capacities within Their
several local jurisdictions, no power can be attributed
10 the nation, in the absence OF positive unequiyocal
grant, ineo nss,ent with these national declarations
Here sir, the national heart the national soul, the
national will, the national voice, which must inspire
Interpretation OF the constitution, and enter into and
dfuse itself through all the national legislation. Thus
again is freedom national.
F0wthy Beyond these Is principle OF the common
law, clear and bdsputabe, supreme rule OF inerpreta-
ton, from which, this case there be appeal In
any question under the constitution every word IS TO be
construed in favor OF liberty. This rnle, which com
mends itself 10 the natural rason il sustained by time
honored mayims OF early Jurisprudence. Black
stone aptly expresses H. when he says that the law is
always ready 10 catch at anything in favor Of liberty
q Black. Com. 9i) The rule is repeated in various
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