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

"a.
ing to the true spirit Of the Constitution, and
the sentiments Of the Fathers, Slduery 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 ttro princi-
pal heads; FIRST, the true relations of the Ma
tiondi Government 10 SldUeru 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 provision
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 CONVENIENT TO SLAVERY. These
will be readily apparent if we do not neglect
well-established principles
If Slavery be national if there he any power
in the National Government to uphold this in
stitutioi.-as ii 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 a nature, that it is incapable
of being introduced on any reasons moral or
political, but only by positive tGw. 1t is 50
odious that nothing can be suffered 10 support al
h,t tata ma
vol. 20, 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 exist only through NUM-
opal regulations" - Harry VS.. Decker, Walker r.,
Az
And another slaveholding tribunal, the Su-
preme Court of Kentucky, has said
eve view this as a right existing by positive Lap
of municipal character, without foundation in the
law of nature or tho unwritten and common law.
Rankin VS.. Lydia, 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.
power so peculiar and offensive, so hostile
to reason, 80 repugnant to the law of nature
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 a beast such
power. so eminent so transcendent, so tyran-
~ G,>H rnlo cya-
TEN 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
polute this Charter of our Liberties. No 'posi-
tive" language gives to Congress any po,oer to
make Slave or to hunt 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 perya-
siye 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
discoses 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, 9 in order to form more perfect Union,
establish Justice insure domestic tranquility pro-
vide for the common defence, promote the gem
erai teifdre, and secure the blessings of Liberty
to ourselves and our Posterity, do ordain and
establish this Constitution for the United States
of America" Thus, according TO undenable
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-
bic are the explicit c0ntemp0rdneOuS decldrd-
tions in the Convention which framed the Con-
sttution, 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,
the Fathers speak as the Constitution speaks.
Early in the Convention Gouverneur Morris,
of Pennsylvania, broke forth in the language OF
an Abolitionist: "He neuer pouM concur IN
uphotding domestic slavery. IL was nefarious
institution. Ii 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 ensucd on the
clause touching the African slave trade, which
reveals the definitive purposes of the Conven-
ton From the report Of Mr.. Madison we
learn what was said. Ebridge Gerry, Of Mas
sachusetts thought we had nothing to do
with the conduct Of the States as to Slavery,
but zoe ought to be careful not to g'ue 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-
necticut, "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
jcct was committed to committee Of eleven,
who subsequently reported a substitute au-
| tborizng "a tax on such migration or import
alton. at a rate NOT eIceeding the average of du-
ties Ld,d 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 AZ such under the character Of
slaves Mr.. Gorham thought Mr.. Sherman
should consider the duty not as implying that
SLAVES are property but as n encouragement TO
the importation of themn Mr. Madison in
mild juridcal phrase, Thought Al wrong 10 ad,
maj IN the Constitution The idea that there could
be property IN man" After discussion, 1t was
finally agreed to make the clause read;
Rut n tax or duty may be imposed on such inn