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

pleted, was submitted for ratification. veteran
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,n he says that it is
not in our power 10 do anything for or against
those tchO are IN Slavery IN the 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 il as we do, and put stop to it but to
thiswe have no right to compel them Two
questions naturally arise; If zee ratifu the
hold the blacks an SidUery--Or shall IRE become
pdrtdkerS of other mems SINS? think neither
Of them"
Afterwards, in the first Congress under the
Constitution, on 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 Slavery.~<@iis 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 parr mdter,d, are to be construed to-
gether. By the same reason tie grand poI,ti-
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, embOdyng, 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-
dcnt,' says the Nation, A" that all men are Gre
ated equal, that they are endowed by their
Creator with certain unalienable rights that
among them are life, libertg 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 not 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 tcere 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, the~ysa-
tional will, the national voice, which muslin
spre our Interpretation of the Constitution, and
enter into and diffuse itself through all the ma
tional legislation. Thus again is Freedom
national.
FOurthly Beyond these is principle OF
the common law, clear and indisputable, a
supreme rule of Interpretation from which in
this case there can be no appeal. In any ques-
ton under the Constitution euery tcOrd as TO be
construed IN favor of liberty This rule, which
commends itself to the natural reason is sus-
! tais,aa by time hoscrrli a hxfnss 5f carly
| jurisprudence. Blackstone aptly expresses it
when he says, that q the law is always ready t,
catch at ANYTHING in favor of liberty"-(2
/ DldCk. IOlii, "a InC Iuic 10 ItpCuVtu III va
rious forms. FdporeS dmpiidndi stunt 8, odi,
restringenda. Fayors are to be amplified
hateful things to be restrained. Ler Anglit
est ler miserioordiG. The law of England il
a law of mercy. Anghe jurd IN omni oas'
| hbertdti ddnt favorem. The laws of England il
every case shew favor to liberty. And Thu
sentiment breaks forth in natural, though in
tense force, in the maxim: Impius ct crtuieH
judtcandus est qm hbertati non facet. He is t.
be adjudged inlpious and cruel who does no
favor liberty. Reading the Constitution in tn,
admonition of these rules, again say Freedom
is national
Efihiy From learned Judge of the S,t
preme Court of the United States, in an opinion
of the Court, we derive the same lesson. In
considering the question, whether State can
prohibit the importation of slaves as merchan-
die, and whether Congress, in the exercise OF
its power to regulate commerce among the
States can interfere with the slave-trade be-
tween the States, a principle has been enun-
ciated, which, while protecting the trade from
any Intervention Of Congress- declares openly
that the Constitution acts upon no man as
property. Mr.. Justice Mclean says: "If slaves
are considered in some Of the States rs mer-
chandise, that cannot divest 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 To-
cal law This law is respected, and all rights
under it are protected by the Federal author-
ties bm The Constitution acts upon SldueS as
PERSONS, and not as property" "The
power over Slavery belongs to the States re-
spectively 1t is local in its character, and in
its Effects Groves vs.. Slaughter Is Peters
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 n scene, in itself
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 to 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 all were anxously 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 az 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