New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-05-24

SLAVES RECOGNIZED AS PROPERTY, BY THE OLD
CONGRESS, BEFORE THE DECLARATION OF INDIE
PENDENCE
The Declaration of Independence, the basis of
our free government, declares that all men are
created free and equal; and the Constitution of
the United States, that the people formed sys-
tenn to secure the blessings of liberty to them
selves and their posterity; yet, by the express
language of the latter instrument, the relation
| of slave and master is recognized; showing that
the trainers of the Constitution did not deem
this general declaration in favor Of liberty and
| incompatible with its provisions; and it has
never been iudicially determined. that slavery
| in the United States was thereby abrogated'
On the contrary. it has often been adiudged,
both by State ind Federal Courts, that slavery
still exists that the masters right Of property
| in the slave has not been affected either by the
| Declaration of Independence or the Constitution
of the United States, The right to seize and
capture, transport to this country, sell and sub
iect to bondage the native African, was not only
tolerated, but adiudged lawful long after the
adoption of the Constitution, and it was only
abolished by special act of Congress. Hour
nal of the Continental Congress, October %,
1774
NoN-nrPORTATIoN CONVENIENT.
"Art . Ne ,eiH neither import purchase any slave
imported after the first day OF December next after
which time will wholly discontinue the Stare trade and
will neither be concerned in ourselves 'pH hire
resses sell commodities manufactures to those
who concernedin it,
The foregoing association being determined upon by
Congress ordered to be subscribed by the several
members thereof and thereupon have hereuuto set
[siguedl PErroS RAspoLPm President.
In Congress, Philadelphia October "A, 1864"
" Ne,p Ha7npshire-Ioha Sullivan Mathew Folsom
observation-disclosures Gushing, Samuel Adams John
Adams. Robert Treat Paine
&c Rhode Tslqn1-stephen Hopkins. Samuel Ward
" Connecticut Eiiphaet. Rogerman and Sas Deane
"a Mar lgrk-Isaac Lowe, John AlSop James Duane,
William Floyd, Henry Wisher, Boerman, Philip Living
ston.
Ne,c .iersey-James Kuseys William Livingston Ste
phen Crane Richard Smith John DeHart
" PeHnsplranid - Joseph Galloway, John Dickinson,
Charles linmphres, Thomas Miin Edward Biddie John
Merton. George Ross
'Nele Castle. Del Cesar Rodney Thomas Mexican.
George Read
aqyEand-Milton Tilghman, Thomas johnson, viii
liam Paca, Samuel Chase
Ifrginid-Rchard Henry Lee, George Washington
Patrick Henry, Richard Blair, Benjamin Harrison,
Edmund Pendeton
North Coyolaq-william Hooper Joseph Hughes r.
Casweu.
so'tl Carolina = Henry Middleton, Thomas Lynch,
Christopher Gadsden, John Rutlege Edward Rutlege
See Journal of the Provincial Congress- 7S6
In the foregoing list of illustrious names we
find majority of them were sgners of the Dec
laration of Independence; and adopting this
covenant they most obviously recognized the in
stitution of Slavery.
In looking over the Secret Journal of Domes-
tic Affairs of the Continental Congress, a report
and resolutions will be found which will be per-
fectly conclusive upon this question. The re-
port was made on the Goth Of March, 1899 1t
will be recollected that during the war of the
Revolution, the British enlisted slaves as troops
and that the period already referred to was one
of great gloom and dependency in the South
and then, if ever, as the enemy were enlisting
the slaves Of the Southern planters, the Cont
mental Congress might have found strong argu-
ments for combating them with the same species
of force, especially as by refraining from doing
so the slaves were not only lost to the owner,
but were added to the military force of the enc
my. The proceedings of Congress on this occa-
sion display that combination of wisdom and
prudence for which that body was so Justly dis
unguished. The report states that the delega-
ton of South Carolina in Congress had repre-
sented the distressed state of the country, the
desertion of the negroes to the enemy, and that
those who still rem aimed were exposed to their
az tiSNo anu tilut IL lnty were EN-
b died, this desertion might be prevented, and
they might be rendered formidable to the enc
my, etc. Whereupon, " Res0ired, That it be
to the States of South Carolina
and Georgia, if they shall think the same expe-
dent, to take measures" for raising force Of
this description. By another resolution il was
declared 8 that Congress will make provision
for the proprietors of such negroes, etc, full
compensation for the property etc, etc [see
Secret journal, pages 1918 This recommen.
dation of Congress was not adopted 1t is NOT
at all material to the purpose for which we have
quoted the journal to ascertain that fact The
report and resolutions show eonclusively the
sense of the Continental Congress, that the slaves
were not to be employed without the consent Of
the local authorities and, if employed with that
consent, that the owners were to receive full
compensation for the property-thus recognizing
the principle that slaves were considered as pro
perty.
The old Congress, Of 1852, expressly sane
toned the right Of siaUery ,rhea they passed
the J0Ho'cing resolutions:
Resolved That tho Secretary of Foreign Affairs he md
he Is hereby directed to obtain speedily as possible
authentic returns Of The SLAVES and other uyopTy which bay
oeeh carried on or destroyed in the time war by tn
enemy aud transmit the to the Minister Plenipoten
tary for negotiating peace.
Resolred That in tho meantime the Sacretory Gov Fr
eign Affairs inform the said Minister that mann, i,g3
q sares and other property very great amount hny
oe-n carried OH or destroyed by the euemy and that m
@e opinion 81 Congress the gssi lass If noDflf which tn
ctiz-ns of the Uni eu States sustained nv the nf
will be considered by the several States az an inspera
bar to their making restitution or indemnifcatiou TO III
former owners Of property what has been or NAV he for
telted or eonsoa'ed by many of the States TSee vol
state Papers, page 333.
On the Both May, 1888, the following pream-
bic and resolution were carried without a di-
vision:
On motion OF Alexander Hamilton New York seconded
by MT. lizard, of South Carolina
" efeds by the articles agreed upon on the Both Of No
Renhef last by and between the Commissioners Of the
United states Of America for making peace and tho Com
miSsionefs on the part Of his Britannia Majesty il /,
stipulated that ms Britannia Majesty shall with an con.
Nenient speed and without causing any destruction on
carrying away any negroes other property Of III
American Inhabitants Withdraw all his armies CARTONS
and fleets from the said United Sases and nom every
port place, and harbor within the sam aud whereas
considerable number Of negroes belonging to citizens
these states have been carried off therrfom contrary af
rue iHteN and meaning Of the SAID articles.
Pursuing these historical illustrations. We
ind in the British treaty of 1888, which closed
he war of independence, that provision was made
y the ninth article, against the carrying away
If our negroes.
By resolution Of the 10th of April 1888, the