New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-05
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vens;on sad that Congress by the Constitution, had
power to pronounce all slaves free. There -,
said he 10 ambiguous implication or logical dedne
"tion. The paper speaks to the po'nt. IAey haree1
"ne,rer en- clear and HneYntrocdI terms and ~tH
"elfarlv and certainly cIerct@ IT. =,
Tn he same Convention Governor Randolph said:
"They insis that the abolition of Slavery Will result
from this Constitution hope there Is no 07e here
"who will advance an objection 40 dshonofabie 10
Virginia Hope that al the moment they are securing
"tLe rights of their citizens objection will not De
"started that those unfortunate men now heid IN
bondage BY THE oPERATlos OF THE UkSkhAL
"GovERSNENT, may be made FREE.
With this understanding" the Constitution was
ratified by Virginia.
Gen Wilson, another member Of the Federal Con-
vcntion from Pennsylvania assured the people OF that
State chat the Constitution "laid foundation for
"banifhing Slavery out of this country"
WHAT sLAvKHoLDERs CLAIM.
The clauses commonly quoted in favor of the Claims
of the SHAREHOLDERS do not warrant those claims. And
If they did they could not nullify or abroga.e the
preceding once.
The clause concerning persons held TO service and
"labor in one sete, under the lars thereof, and IS,
"caping TO another providing that they " shall
al delivered up to the person to whom such service
"or labor mag Je due" cannot apply to slaves. Ii
does not describe their condition. Being held as
"chatels PERSONAL they ere not recognized as per-
"sons" Slaves can make 10 contract and, there
fore nothing can be A" due' from then. There are no
laws holding them TO service or labor in any of the
Slave States nor any laws that establish or lsgalize
Slavery. The use OF the NOru - cINlco in5Utu oi
"servude" proves that this clause cannot apply 10
"tlaves" but only free persons; for this dstlnc-
ton by the testimony of Mr.. Madison, had been made
by the Convention itse in respect TO the meaning OF
these two words.
"Art I. See e. On motion Of Mr.. Randolph the word
titede struck out and the word .errne unanmou'y
.e,,. AZ the latte. he ctga,on free persons" Madison
PsIers, Vol. Ill page 1897
80 hnt this clause not apply to slaves, but only
to apprentices, free aborers and contractors who had
agreed for reconsideration received TO perform service
" or labor"
The phrase =" free persons in the clause concerning
the aptoronncnt of representatives and direct taxes
has been construed having been used In con-
tIadstinction from aliens not elaves High authorities
for tLis construction cited by Mr.. SpOoner. The
clause concerning the migration or importation OF GER
tain reIsons previous to 1903 and commonly applied
TO the African slavetrndo, il also susceptible of diff
fcrent Interpretation es has often been shown. But II
tlis wos compromise" with Slavery, it hos long
since by its limitation expired, and there IS no
good reason why tie plain and explicit powers vested
in the Federal Government should not now be exer-
ciscd for the abolition of Slavery.
MODES OF ABoLIsHING SLAVERY.
There ore many ways by which the Federal Cow
eminent in stlici accordance with the Constitution,
NAV abolish Slavery. Either department of the Gov
ernmcnt by ITSELF may do much, if not all that would
be necessary TO secure that result.
The judiciary Department is amply competent to
the task in the absence of any legislation whatever.
ANY one of the Federal Courts he's power to issue the
writ of habeas corpus 10 any slave that may demand
it. Nay, the Judges under the most solemn con-
sttutiona Obligations TO do so. And wien the slave
and bis master are brought into Court they are
bound. to "detemine whether the cause of his THE
"slaves) commitment detention in Slavery be Ju't,
and thereuron do as JUSTICE SHAH appenain.
In doing ts they would follow the illustrous prece-
dents Of the Courts of Massachusetts and OF Lord
Chief Justice Mansfield in the case of Somerset
decision which nlmortaized lis name, and shed
uster of unfading glory on the jurisprudence OF his
counry.is
If the judiciary fails TO do this, The Legislature
should provide for it by special enactment.
The power that establishes the present Federal
Courts may if necessary establish Federal Courts IN
every county or town in the Union, and the same
authority that appoints the present Judges may ar-
point proper Judges in all those Courts. (Se' Art H.
Sect. and Art iii, Sec. H.
The President, in the exercise of his appointing
power may appoint to Office any slave whom he deems
qualified to discharge his duties and he is bound by
his oath of office TO treat Saveryas Illegal and uncons
tutional in oil his official acts. This covers wide field
Congress is bound to do the same, and in its organ
cation of the militin s supervision of the postoices
and the transportation Of the malls to know nothing
of Slavery Of distinctions of color 1t is bound to
"guarantee 10 every State i'll this Union republican
"form of government" that shall dspacc Slavery;
By Just such measures az it would employ, if State
should establish order of nobility in any other
form, substitute hereditary monarchy for repre-
sentative government.
Congress by decaratory enactment may pro-
oil the slaves citizens, and as snch entitled to
the protection of tie Federal Government. Congress-
in the some If need be- may declare the fact Of
tie case il eXists-hat Slavery illegal and in vio
ation Of the Constitution. Or it may by appropriate
enac,ments provide for the naturalization of the slaves
and their consequent protection 1t may then provide
for an apportionmen of representation III accordance
with the constitutional provision, properly construed,
enumerating tleefths of the dttens as in contra
distinction from free persons or all other persons"
The entire sui ect is within the legitimate action of
the Federal Government, which has been so long
welded for the support OF Slavery Aud the people OF
the Free States at the balotbox provide for On
Administration that will in some way rid the nation of
it's great national niquy.
of Liberty in America We urge it's vigorous prosecu-
ton as solemn duty to God 10 country, to the
slave and to mankind God holds nations responsible
fCT national SINS lie holds the peeraa &c ~
Governments. And under Republican Governments,
where tie people elect their rulers there can be
shadow OF excuse Tor their neglect of this duty
CONSTITUTION.
ART THIS Society sh. be called the Abolition Society Of
ART H. lis object SHAH be to secure the immediate and IL.
conditional abolition Of American Slavery
Arr. III. Its losiiss sentiments are these:
no hight TO be in Church or In the 1t is be
ter crime II is not sanctioned By the Bible OF the COus
tuition, tr, j. condemned ed ey beth :.
psmens to suppress slsyehOdns throughout th, United
Ia the duty of the several State governments to sustain
the Fedora IN THIS measure to pro'eet their et
OF slsyehodsr under The Fugitive slave bA or herw 70
make all attempts the execution Of that unconsuon md
Act penal oense and to extend the right Of suf
fsse ard eligibility 20 office to all their citizens irrespective Of
race or oempexon.
State and National adj Illustrations that VIII make these
paramount objects Of their activity; Judiciary
and for such only tried friends of the pn
hey known to DO earnestly engaged in promoting these
1t the duty Of Christisn, hold Chuehreon th.t
10