Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-09-20
PROPERTY N MAN.

allie historical review Of the relation,
of the Constitution of the United
States to slavery. So much of it As
refers to the action of the Convention
hat framed the Constitution, is worthy y
Of all consideration at the present time
He says
Chief Justice fancy has authori-
tativcly declared "Me right Of prop
erty IN Stare IS distinctly and er-
pressly affirmed IN tie Constitution, -
and Southern men generally. with
their allies in the North, insist that
the Constitution of the United States,
proprio pigore, carries slavery wher-
ever it reaches; and that, as property,
they have right to take their slaves
into the Territories of the United
states-there to be protected by a
Save code. to be enacted by Congress.
We believe we thus state the assump-
tions of the shareholders and their
party as fully and distinctly as they
are asserted; and we pow intend to
prove TO the satisfaction of every
enlightened and disinterested reader,
that the declaration of the Chief
Justice, and these ssatmptions founded
thereon. are achotty groundless.
The Chief Justice has not quoted
those parts of the Constitution on
which his judgment is founded. We,
however, intend to present every word
of that great charter oil human liber-
ty" which Is or can be claimed to
refer to this subject, and then. 10y the
contemporaneous history of the io:ma
tion OF that Constitution, the declara-
tions of It's most distinguished mem
bers, and the action of the Convcn-
tion itself, to prove beyond all ques-
tion that it was the purpose of all to
exclude slavery, and all idea that
there could lie property in man, from
that instrument.
THE PROVISIONS OF THE CONSTITUTION.
Arr. /. SEC. >. CLAUSE 3.-No
person held to service or labor in one
State, under the law thereof, escaping
into another, shall, in consequence oi
any law or regulation therein. be dis
charged from such service or labor,
but shall be delivered up on claim OF
the party to whom such service OIL
labor may be due.
ART. l, SEC. =, CLAUSE 3.-Reprc-
sentativcs and direct taxes shall be
apportioned among the several States
which may be included within this
Union, according to their respective
numbers, which shall be determined
by adding to the whole number oil
free persons, including those bound
to service for term OF years, and ex-
Guiding Indians not taxed, thrce-6iths
of all other persons.
Arr. 4. SEc 4.-Thc United States
shall protect each OF the States,
ON application of the Legislature, oil
of the Executive when the Legislator,
cannot be convened, against domesti,
violence.
First, the contemporaneous history
in Convention (see Madison and
Elliott's dcbates) Madison said he
Thought it wrong to admit in the
Constitution the idea that there could
bc property in man. We intend thi,
Constitution to be the great charter o.
human liberty to the unborn million,
who may enjoy its protection, and
who shall never see that such an in
stitution was ever known III theIl
midst" The Convention, concurrins
in these opinions without debate, un
animou>ly resolved that the words
"slave" and slavery" should b'
stricken out; and the words "sucl
persons" and "other persons" should
be substituted wherever they occurred
On motion of Randolph, OF Virginia
the word "servitude" was stricken out
and "servicc" was unanimously In
serted, the former being thought to
express the condition of slaves, ant
the latter the obligations OF free
PERSONS Madison's Deba', p. 1869
Gouverneur Morris, delegate from
Pennsylvania, who was rs much OPP
noscd to Slavery as were Washington
| Madlsoa, Rando,,pal. l. George Mason o.
Franklin, says, in n letter to i..c:@.dd, .c@d
The hand which writes this Iettcl
wrote the Constitution" To avoiC
prolixity, we do not give all the
declarations of members to the eiiec
that man could not have property ii
man" Mr. Gerry said, "as Congress
would have no power over the insti
tutions within the State. we ought Il
be careful To lend no sanction 10 1t. >
When the amendment, now part o
the Constitution, declaring that IN,
person shall be deprived of life, lib
erty. or property, without due process!
OF law" was debated in the Virginis
Convention. the Convention felt tina
this would be fatal to all future righ
to property in man, and therefor
proposed to make it read mo ire
man shall be deprived of life. liberty
and property, without, etc.
In the House o! Representatives II
11s9. on the Resolution upon lmpor
Duties, Mr. Parker moved TO insert
clause imposing a duty on the impor
ta,ion of slaves. Roger Sherman,
member of the Convention from Con
necticut. could not reconcile himscl
to the insertion of human beings as al
article OF duty among goods" etc
The Constitution does not censide
these persons a a species Of prop
erty." Mr.. Madison 1t Is hope
that hy expressing a national disap
probation of this trade. we ma
destroy it, and save ourselves fror
reproaches, sad our posterity from tn