The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-09-18

OWltZcrianu, at The present DAY, anu Vi ioIcnCc;
Genoa, and Venice, in the middle ages. 1t is
therefore trifing with the subject to attempt
to base an argument in favor of the right of the
Federal Government to abolish Slavery in the
States, on this clause of the Constitution. There
are other clauses of the Constitution which we
admit to be inconsistent with Slavery, and
which, viewed apart from those we have already
considered, and one or two others, and disjoined
from the historical connection In which they
stand, would warrant the construction which
Mr.. Goodell places on them. Of this character
is the clause which prohibits the suspension of
the writ of ha6eas corpus, unless rebellion or
Invasion make it necessary; and the guaranty
of " life, liberty, and property" against depri-
walton without due process of law"
But what are the historical facts connected
with these clauses Mr.. Goodell is familiar
with them. He will not deny that the three
fifths clause in the first article of the COnstitu-
ton refers to slaves, and that it was designed
to secure the representation of Slavery to that
extent
He will not deny that the migration or i'm
portation" of certain persons from the coast
of Africa was to be permitted until the year
1903, as protection of the existing slave trade
and he will not deny that the exception to the
general rule laid down for amending the Con-
stitution, was made with the same view of pro-
tecting this trade. He will not deny that the
clause relative to fugitives from labor was in
nIaJ Of CID
that he insists that it may refer to apprentices
and indented servants, and that it should not be
so construed as to work injustice. But he
cannot deny the historical fact, that the trainers
of the Constitution made it with reference to
fugitive slaves.
We might fill columns with extracts from Mr..
Madson's Report of the Debates in the Federal
Convention, showing that everybody understood
slaves to be referred to in these clauses but
we should weary our readers. Mr.. Goodell will
admit what we say to be true. He may deny
that the Constitution, as framed, does shield
Slavery from overthrow in the States but he
will not deny that the trainers of the Constitu-
ton intended to shield it. They contemplated
the continued existence of Slavery in the States.
They intended to provide for the representa-
ton of three-ffths of the slaves in Congress,
and for the levy of taxes upon the States in like
proportion to three.ffths of their value. They
intended to make a compact among the States
for delivering up" fugitive slaves. And they
intended to tolerate the African slave trade
until the year lsOS.' We particularly call the
II Ali ILL., IL.
Federal Convention, ON the Dist and I'D Au-
gust, as reported in the Madison Papers. He
will there find, beyond question, that this clause
refers to the African slave trade. He will also
find that Northern members were more dis
posed to apologize for tolerate the trade, than
those from Virginia and Maryland Mr. Ellis.
worth and Mr.. Sherman, of Connecticut, and
Mr.. Gerry, of Massachusetts, were for leaving
the whole matter to the States. Mr.. King, oil
Massachusetts, even, was Indifferent to the moral
aspects of the question, and only looked upon
it from political point of view. Mr.. Mason,
of Virginia, on the other hand, spoke with the
honest Indignation of a modern phianthropst,
of the horrors of the slave trade. And Mr.
Martin, of Maryland, was emphatic in its con-
demnation. 1t is to be remarked, however, that
even Mr.. Mason was jealous of State sover
eighty, and like Patrick Henry, insisted upon
the strongest guarantees against the interior
ence Of the Federal Government with the inst
TIr. uoodeII VIII admit all this-he cannot
deny it, if he would. He will admit, further
more, that the slaveholding States ratified the
Constitution with the same understanding of the
meaning of these clauses. Their State Con.
ventions sat for weeks, debating the question
of adoption or rejection; and gave no little OF
their time to the subject of Slavery, az it was
affected by the Constitution. The object and
effect of each Of these clauses which we have
spoken of as referring to Slavery, was thoroughly
scanned; and by the leading men in the Fed
eral Convention themselves, who went home
and became members of the State Conventions.
There was no Misunderstanding, therefore. The
Convention and the People understood each
other; and they adopted Constitution found.
ed in the general principles and spirit of Lib
erty, but tactly admitting the existence of Afri.
can Slavery. This was the condition on which
the States assented to the Constitution, and
became members of the Union. Would it be
fair or honorable-would it be acting in good
faith-for the possessors Of Federal power to
ignore the palpable meaning of these clauses
of the Constitution and their history? Could
they exercise the power of the Government for
the overthrow of Slavery, against the wishes of
the States, without repudiating the conditions
on which the States became members of the
Union? Religious bigots have proclaimed the
maxim, that no faith is to be kept with heretics,
Does Mr.. Goodell approve of that maxim?
In our article upon which Mr.. Goodell com.
ments, we quoted the clause of the Constitu.
ton which asserts that the powers not dele.
gated to the United States by the Constitution,
nor prohibited by it to the States are reserved
to the States, respectively, or to the People
He very illogically infers, from the use we
made of this clause, that we insist upon the
general right of the States to chattelize its citi
zens, and rings the changes upon his own un.
warrantable construction of our. LANGUAGE
What are the facts of the case? Slavery ex.
listed in the States before they framed the Con
stitution; and before they would consent to
form National or Federal Government, they
expressly stipulated for the privilege of mana
ging their domestic affairs. They insisted upon
their right to hold African slaves under the
Constitution, to have them represented in Con.
gress, and to reclaim them if they ran away
And after enumerating all the powers which
they intended to confer upon the Federal Gov
ernment, they stipulated that the powers no,
granted were to be reserved to the States and