The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-09-18
THE POWER OF THE FEDERAL GOVERNMENT
OVER SLAVERY IN THE STATES.

Inc reader VIII nnd In another part Oh to-uays
issue a communication from William Goodell,
Esq, of New York, the well-known advocate of
Radical Abolitionism, in which the writer takes
exception to some editorial remarks which ap-
peared in the Era some weeks since. Mr..
Goodell maintains that the Federal Constitution
warrants the abolition of Slavery in the States
by the Central Government, without the coop
Grafton and against the wishes of the States,
respectively, in which the institution exists. He
has not told US whether the abolition of Slavery
is to be effected by the Legislative or the judi
cial power of the Federal Government but the
inference is legitimate, that the object may be
effected in either way. Another writer, whose
brief communication on the subject we also give
place to, admits that the legislative power can
not touch Slavery in the States, while he insists
that the judicial can.
1t is worthy OF remark, in this connection, that
the class of Radical Abolitionists to which Mr..
Goodeil and Mr.. Gerrit Smith belong are the
very antipodes, in constitutional theories, of the
class of Radicals represented by Messrs. VIM.
Loydd Garrison and Wendell Phillips. The
latter run into the opposite extreme, of main
tanning that the Federal Constitution is thor
oughly Pro Slavery; that Calhoun was its true
interpreter-and that the aims, efforts, and sue
cessful labors Of the propagandists of Slavery
are all in accordance with the spirit and letter
of the Constitution! Hence, they are disunion-
lists.
The Republicans dissent from both these
Al. Ill. tlat th<a
adoption of the Federal Constitution was dec
laration of general emancipation, nor do they
believe that it was q declaration in favor Of up
holding and perpetuating Slavery. If the fra
mers Of the Constitution had been actusted by
either Of these objects, they would have said so.
If they had intended the immediate abolition of
Slavery in the States-as Mr.. Goodell must in
sist, since he maintains that the Judges of the
Supreme Court are bound to liberate every
slave on the writ of habeGs corpus-they would
have said so. The whole question would
have been discussed in the Convention, and
the terms on which the slaves were to go free
would have been definitely arranged. They
agreed, after much discussion, that the slave
trade should be discontinued after twenty years.
This was declaration that they were opposed
to the further extension of Slavery but it was
also declaration, equally plain, that they did
not contemplate the immediate abolition,
through the Central Power, of Slavery; and
that they did not intend to confer upon the
Supreme Court, or upon Congress, the power to
abolish Slavery, Immediately or remotely. For
if the Supreme Court has the power to lberate
the slaves, it instantly becomes the sworn duty
of every Judge, on the application of any slave,
to declare him free. Hence, the adoption of
Constitution comforting that power would
amount to an act of Immediate abolition. Now,
after so sweeping clause for abolition, to 20
about a special clause for stopping the supply
of slaves from the African Coast, at the end of
twenty years, would be in the highest degree
absurd.
There are those who contend that the trainers
of the Constitution designedly "put a negro"
into it, but we never before heard it charged
that they had inserted bull" The greater
includes the less. The immediate abolition of
Slavery would have rendered nugatory and pre-
posterous the clause for stopping the slave trade
at the end of twenty years. The truth is, that
South Carolina and Georgia strenuously insisted
upon this right of importing slaves from Africa,
and made vigorous opposition to its prohibition.
! The matter WAS Gaalr -dise.,ssA1--- --i----a-
slave trade was not to be prohibited until the
year eighteen hundred and eight. Virginia was
strenuous for prohibition; South Carolina and
| Georgia were strenuous in its favor New Eng
land WAS lukewarm, aud joined Georgia and
South Carolina for consideration in protect
ing the trade for the time specified. So pointed
was the protection given to it for that time. that
| in providing for amendments to the Constitu.
ton, in article five, this clause and one other
We're specially excepted from the rule laid
| down-thcy were not to be touched until the
year 1908.
Again: The Constitution declares that "Rep
resentatives and direct taxes shall be apportion.
ed among the several States which NAV be in.
ciuded within this Union, according to their
respective numbers, which shall be determined
by adding to the whole number of free persons
including those bound to service for term of
years, and excluding Indians not taxed. three
flhs of all other persons"
We think that this phraseology embraces
every Imaginable species Of humanity, in the
terms free persons, except those whom the State
laws designate as slaves and hence, we think
the conclusion is inevitable, that the all other
persons must refer to slaves. The trainers of
the Constitution thought So because thew avow
ed most explicitly that that was their meaning.
Mr. Madison "would not admit in the Con.
stitution that there could be property in man; -
and, therefore, he agreed to adopt phraseolopy
which would designate class which was no,
free, without pronouncing them slaves. They
are not slaves under the Constitution of the Uni.
ted States, but they are slaves in spite of the
| Constitution.
There can be no doubt that a large majority
OF the trainers of the Constitution, and of the
American people whom they represented, were
ashamed ot'Siavery. They endeavored to keep it
out of sight, and to ignore its existence az far
as possible. Bat it is equally certain that the
exigencles of their stustion-the necessity of
UNION to the national independence, and the
tenacity of South Carolina and Georgia in be-.
hall OF Slavery, and, on some points, of the
whole South-constrained the Convention to
adopt and the States TO accede to certain clauses
which were intended to shield Slavery against
the power of the Federal Government. The
whole spirit of the instrument, and the Decla.
ration of Independence on which it is founded.
are against Slavery; and it is for this very rea.
son that the clauses to which we have referred
1 fbo,.