The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-24


should reason SO badly In one OF the Psalms II is wnl
ten 'Tbere is none that doeth good no.. mol one.
you 10 preach from this text, and endeasof 70 pring
il home 10 the hearts and eonsciences oil your hearers
what would you think il some one oil them shoud Use
and says
Dr. Bacon don't see why you apply this unpeassol
i'm pustion There is nothing said ln your e pDons
dHiereaBs. Can you find 10 II one word when Woua
not have been equally necessary ead there 1een no soea
thing as an Americana Can yon ind Ia hat tex, one
word which will need stand Just as y Is ai'e al 'he
Americans are eaten up by the husslansF
It would not take you long to shut up the mouth Of
such gansayer Yet his reasoning Is JUST as COCO Us
yours in the extract above quoted
Or, suppose that a law were passed by the common
council OF this city, that "every budding Wilhn 'he
fire limits shall pay mill hundred dollars Oh lis
assessed value Crolon water tax and suppose that
HORSEPOWER should claim that dosiings were mol
subject TO the tax because there was nothing sald about
dwellings in the law do you believe there is Judge IN
the city who would permit the even TO be tired lie
would say, il he said anything, that the preence was
altogether frivolous that as long as the Whole included
all It's parts and the genus its species, dwellings were OF
course included in the term buildings, and u was OF no
sort Of consequence whether they were specifically mem
toned or not
Again: the clause in question is as much compact to
deliver up fugitive SLAVES fugitive apprentices, and as
much compact 10 deliver up fugitive slaves as the pre-
son, felony other crme and you might with the same
propety insist that the aforementioned clause contains
no stipulation to deliver up thieves, because the word
thief is not specifically mentioned in II, as 10 claim that
the other does not spuate for the surrender Of fugitive
slaves because the word slave is not contained in u
And now permit me to say there is as much evidence
that the constitutional provision aforesaid was designed
to include Slaves among the ugves TO be delivered up,
there is that the constitution itself was ever adopted.
In arriving at the meaning OF that instrument the con-
poraneous history the debates oil the convention and
the action of the Congresses which Immediately succeed
ed are ever referred admitted tests OF construction
Let refresh your memory little from The debates OF
the convention. After providing for the mutual surren-
der of criminals, (p ND
.Mr Butler and Mr.. pinckney moved require f,sgi.
re Slaves and servants to be delivered up like criminals
State to do it at the public e1psnss.
Mr. sherman no more proprety in the public ssiz-
ing and surrendering slave servant than horse.
Mr. Butler Withdrew his proposition, in order that
particular provision might be made apart from this ar-
iArt, 10 amended was then agreed TO, con-"
On The next day, in pursuance OF this inmaon, and
to carry out the object specified and avoid the feature
objected to by Mr. Wilson and FISHERMAN, Mr. Butler
debates, D. 1850 moved to insert after article 10Th the
following
If any person bound service labor in any OF the
United States shall escape into another State, he she
shall be discharged from such service or labor in
sequence OF regulation snbssng in the State 10 which
they escape bat shall be delivered up The person Justly
claiming their labor for services"
This was agreed to, mem.
Afterwards the clause with others, referred TO
committee. and adopted in the shape in which il now ap
pears in the constitution.
II was in view of this and other clauses in the consu
ton that it is said in the Federast, (p 252 The fed
erai constitution therefore, decides with great proprety in
case oil Saves wnen II views tne IN the mixed
character OF persons and OF property"
Mr.. Madison, IN the Virginia convention, said
"Another clause rs that property which
possess At present, If any slave eopes any Of those
their laws; for the laws Of the States uncharable
one an9the, in this respect But Ia this constitution no
serted enable slaves reclaim Them This Is
a better security than any tina, now exists. No power is
10 the properly now held By the aies."
In the convention OF South Carolina Mr.. Pnckney
said
awe have obtained right 10 recover our slaves In what
part of America they may take refuge. which is
right had before. Ia short, considering all the cir
cnmsance we have made the best terms fo The security
ar ihis sneces Of properly il wa, IN onI power 10 make
We would have made better If we could, but on the whole,
do not think them bad"
But sir, i, is not left TO the weight OF argument
determine whether your view OF the clause in question
is right wrong, nasmuch the Supreme Court OF the
United States all the federal courts and most OF the State
courts, have decided that the clause intended 10
late 10 slaves and this authoritative Interpretation OF il
by the tribunal established by the constitution itself 10 de-
termne It's meaning in disputed cases ITO say nothing OF
the OF other tbunals) settles the point that
the constitution does recognise" the existence OF slavery
Judge Story, in delivering the opinion OF the Supreme
Court OF The United States in isi2. held this language
Historically /, is web known that the object OF this
clause to the citizens OF the slavehoding
States the complete right and f OF ownership in their
slaves property 10 state IN the Union into which
they might from the State where they held In
servitude The full recognition Of this rgh and title
adiptRsa TO the security OF this species Of property In
the preservation OF heir domestic interests and institutions
that cannot be doubted that constituted fundamental
article without the adoption of which the Union could
never have been formed
Ii would be easy TO accumulate evidence on this head
10 any required extent But foTbeaT. The meaning OF
the constitutional provision is plain enough, and never
doubted as believe, until the advent Of the aboli-
on phrensy, which, in its zeal 10 accomplish suddenly
social revolution that AT best only be the work OF
me would trampe under foot the most solemn s,lpua-
lions which man ever contracted with his fellow. IN,
and add insult To the breach OF covenant by pretending
that those stp1ations intended To be made.
Formerly j, the fashion with that amsble fraternity
10 denounce the constitution as the worst oil s com
pscts-" an agreement with hell" &c but, in process
Of time, brilliant genius among them struck upon
the idea which you appear 10 have adopted al least in
part that the constitution contains such provision
bad been supposed In May, isi5. hlvan Stewart, one
OF the leading aboonsts OF that day, in his plea before
the supreme court OF New Jersey for the deliveance
oil 1000 persons from bondage" took the ground that
surrender OF fugitive dove,, but. the contrary, is an
anti slavery document in its general spirit and enden
cies, and, under other auspices and circumstances,
would have been called great act OF universal cman
cpa,on, and have sci every slave free ia the land
(beng paramount law without doing the thousandth
part oil the violence in construction which has been
done BY slave.hoding Interpretation" In like man
before The New York legislature, for The ayowed
purpose OF proving that slavery has no legal existence
under the federal constitution" On the contrary he
calls the constitution anti slavery instrument" and
says demands the abolition OF every part and parcel of
American slavery" This view OF our constitutional OBJ
legations towards the South has OF late become favorte
one with men OF one idea, and that false one" be-
cause il shields them from the reproacb Of pfui viola
ton OF the constitution, and enables them de-
nounce with better grace the fugitive slave Ian Ii is