New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-05-25

OF the provisions OF the Constltu-
ton gives to it latitude sufficient to afford
effectual security to the owners of slaves The
States have plenary power to make all laws
necessary for the regulation of slavery and the
ghts Of the slave owners, whilst the slavesre'
main within the territorial limits; audit is only
when thew escape into other States that they
REQUIRE the aid of other States to enable them
to regain the dominion Of the fugitives. This
point is supported by most respectable and I'M
exceptionable authorities.
These were the considerations which recon-
mended the adoption of the Constitution with
greater force Had the Convention refused to
proceed in the incorporation of this provision,
what was the alternative which such a refusal
presented to the consideration of the Conven-
ton The Convention would have been at an
end, after having accomplished all other OBJ
jects for if this interest was not arranged,
none other would be. The attitude which the
Government held towards each other was in
certain degree hostile, Injuries had been in
hicted by one section of the country. and resent
ment shown by the other-the one having taken
steps in the case of the non-mportation law,
rights and honor, by being made the means Of
obtaining q redress Of these injuries.
The guaranty of this right of reeapture and
title. Of ownership in, slaves, upon which the
preservation of the institution of slavery depen-
ded, which was thereby secured in the slave
holding States, was well stated by Mr.. Madison
and others in the several Conventions called to
consider the Constitution. Speaking in defence
of this provision in the Virginia Convention, in
reply to Mr.. Geo &c Mason, who declared that
there was no clause in the Constitution to secure
slave property" Mr. Madison said;
This clause enable Of s'rees to
reclaim them This et security than any that 'otr crisis
No power given to the general government to nterpose
with respect property held by the Staes" Eli
otis Debates vol. p, 335-S6.
Governor Randolph held the same language.
He said
We're IL right to mention what passed in the Conveu-
ton might tell you that ne Southern Sfaes-er-l South
Caroline herSe - considered iS property Stc9tfb y these
nerds believe whatever may thnE here that there
was member Of the Virginia delegation who had the
smallest suspicion Of the abolition Of slavery Ibid vol
p. 49,
In the Convention of North Carolina Mr.. Ire
dell spoke as follows
In some Of the Northern States they have emancpa-
ted all their slaves II any Of slaves go there aud
remain there certain time they troud Jy he present lar be
entitled 10 their freedom that their masters could not get
them again. This would be extremely prriudoia to the
Inhabitants of the Southeru States and 70 Iert iy
clause is inserted IN he Constitution Though the word
STARE not mentioned this is the meaning Of it, The
Northern delegates owing to their particular scruples
the subject Of slavery dill choose the word Stare be
mentioned Ibid vol ). p. 49,
And in the debate in the Legislature Of South
Carolina, when the Constitution was assaied on
the same ground as in tie Conventions of Viz
ginia and North Carolina, Charles Cotesworth
Pinckney made this answer:
re hare o5ataa aid hc) ,gH 10 tsstr orr sares
ihatercr part Of .ie7oa thy rIy take refuge ciI
rigid hat net before In short. considering all the cir
cumtaucrs have made the best for the security
Of this species Of property it in power make
We would have made them better could but the
whole do not think them bad Ibid, vol 5. p 357.
1t may with confidence be affirmed, that when
the Constitution was adopted, had it then been
imagined that this question as regards the con-
dition of slavery would ever have been made, or
that the exercise Of this power of regulating the
recapture of fugitive slaves would ever have de-
pended upon the views Of the different tribunals
Of the States, the effort to form system Of gov
ernmcnt would have been total failure
Before the adoption Of the Constitution, the
States were, to a certain extent, sovereign and
Independent, and we're in a condition to settle
the terms upon which they would form a more
perfect Union 1t has been contenjed by some
ovar-zealous philanthropists, that such an arti.
Gle in the Constitution would be Of ne binding
force or validity, because il was stipulation
contrary 10 natural right But il IS difficult TO
perceive the force OF this obi ction 1t has
already been shown that slavery is not contrary
to the laws Of nations. 1t would then be the
proper subject Of treaties among sovereign and
independent powers, Suppose, instead of form
ing the present Constitution, the several States
had become in all respects sovereign and indie
pendent, would it not have been competent for
them to stipulate by treaty that fugitive slaves
should be mutually restored, and to frame suit
able regulations under which such a stipulation
should be carried into effect Such stipula-
lion would be highly important and necessary
to secure the harmony between adjoining States
and to prevent perpetual collisions and border
difficulties, Now, the Constitution of the United
States partakes both of the nature of a treaty
and of form of government. 1t regards the
States, to a certain extent, as sovereign and in
dependent communities, with full power to make
their own laws and regulate their own domestic
policy, and fixes the terms upon which their own
intercourse may be regulated and controlled
We will proceed to the investigation of the
article of the Constitution, prohibitory of the
slave trade
The non-importation article recognizes the in.
stitution Of slavery it was effected by the de-
liberate action of the Convention The Conn
mittee who recommended this compromise con-
sisted Of Messrs. Rufledgp, of South Caroline.
Randolph, Of Virginia, Wilson, Of Pennsy lyania,
Ellsworth, Of Connecticut, and Gorham, Of Mas
sachusetts This committee, it viii be recol-
lected, were TO reduce to the form of a Constitu-
ton to the resolutions agreed on by the Conyen-
ton, This Committee inserted in their draft
the following clause: No tax or duty shall
be laid by the legislature on articles exported
from any State, nor on the migration or iiapor-
tatjon of such persons as the several States
shall think proper to admit, nor shall such mi
grafton or importation be pr0bi5fed.'
The migration or importation embraced in it
is, in the debates, uniformly and plainly called
the slave trade ny certain Southern States
which the Convention would have abolished by
the Constitution itself but for the ayowed ne
eessity Of propitiating these States by its toll
GRAFTON for twenty years. There, too, it will be
seen that Mr. Goyerupur Morris wish a f,, NJ