The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-24

oass; that would thersguee b phuarsl constitution
the inpsrsaoa os persons mpel that shs persoas 70
be imported slaves that as ca~ss rssa,ioe to ne
rspextsw Of "tke cts againa dsmsic vSsgece does ra
t~p'y tie eSscs er Legally n sIasay prsteaion Against
s1as t~'u,yasons; that "ws the people q the Uaed
States. means all the people Of the United States; the
coastitusa therefore, made citizens OF al the then
people II the United States that shs power regulate
osnnercs" Is power - regulate commerce among all
the people Of tho vsted ssatcs and implies that all
fes 70 carry commerce. that tho power establish
post cfces power to carry letters fer III tho people,
ana implies that oil the people free send letters
hat tho power to to authors and inventors their
exclusive right TO their writings and discoveries in
pcs that al capable Of writings and discoveries ca
pablo Of being the thereof that the power 70
raise armies implies that Congress have power 70 accept
volunteers, hire soldiers BY contract with themselves
and that all FREQ 70 mako such contrac*s that the
power to and discipline tho militia implies that all
liable 70 DO armed and disciplined hat the right 70
keep and bear right d the whsle people, that
the prshbou upoa any State law inparing the obisa
don Of contracts implies that al men have the right 10
enter int oil contracts naturally obligatory; that al
matSsul bonn osises eligible to ne Pre4dsscy 10 tie
Seat< and to ne House T Representatives; thai Ne trial b
jury implies that al perssss sss fres 1s s Arbe corpus
denses the right Of property n MON; at guarantee 70 es~y
State Of republicans f~m q government Is guarantee
agaiRa ad,oy Nv
CHAP. TX THE INTENTIONS OF TIE CONVENTION.
Personal attentions Of the trainers OF legal
to Ok the egai meaning Of the constitution. The
Instrument must be interpreted being tho instrument
OF the whole people.
CHAP. X THE PRACTICE OF THE GOVERNMENT
1be practice Of tho gsver.ment under tho constitution,
has rot altered the meaning OF the constitution itself The
instrument mems the that 1t did before
axA -
adoption or rejection.
CHAP. Xi. THE UNDERSTANDING OF THE PEOPLR-
No legal proof and not matter Of history that the
people before they adopted tho constitution understood
that was to support slavery Could never have been
adopiea bad they 70 Understood IT,
CHAP XII. The STATE CONSTITUTIONS OF lsas-
Do not authorize slavery; no not designate autho
rizo the State Legislatures 70 designate tho persons
to be made slaves. Have provisions repugnant 10
slavery 7hs treaties for 0< purchase Of Ls~isi.
ard Tsi ida imply that all tie "ishabaants" ses FREE
posxSsg the right, Of liberty property and religion, and
snye 10 become citizens Of TIE United States
| CHAP XIII. THE CHILDREN OF SLAVES ARE BORN
FREE Shows that, the persons held az slaves ii
the adoption Of the constitution 70 continue 10 be
held as slaves their children, born in s cosvy
rsvtheless TO be all free BY virtue Of xatwul 1iY In s
country.
PART SECOND.
CHAP. XIV. TIE DEFINITION OF LAw.-The den.
milton Of law, given in chapter hrst insisted on and do.
Tended. Additional authorities cited in note.
CHAP. XIV OUGHT JUDGES 10 RESIGN THEIR
sEATss-No; bsa to continue to hold them andd, justice
CHAP XVI THE SUPREME POWER OF STATE
Absurd results from the theory that the Legislature re-
presents "the supreme power Of tho s&ate"
CHAP. XVII. RULES OF INTERPRETATToN.-Ex.
amnes the established rules or legal Interpretation and
shows that they required tho word "frse or the term
"free pereons," in the clause relative 70 representation
70 be Interpreted to native and nauralzed persons
as distinguished from immigrants not naturalzed and
not TO mean persons enjoying their personal liberty as
distinguished from slaves.
CHAP. XVIII. SERVANTS COUNTED AS UNrTs.-
The provision that thoss bound to service for term Of
years. should be included among the "fres persoas"
implies that there were to be no slaves.
CHAP. XIX SLAVE REPREsENTATToN-Absur
and injustice Of conclusive against any inter
probation authorizingn.
CHAP. Xxx WHY ALIENS ARE COUNTED AS THREE
FIFTHS-Not being full citizens, ought not 70 b
counted such. Inequality produced among tho States
BY doing 90
WERE UsED.-The word /" free" had always bean thu
technical word both In this country and In England, for
describing native and naturascd persons distinguished
from aliens. Tho indenniteness Of the word cuzenn
made an improper word 70 be used whore precision 4
meaning was required.
CHAP. xxi. GALL OTHER Persona n--Thsse
words used 70 avoid tho Of the unfendy and nappro
pirate word Aliens" and also TO include Indians not
taxed
CHAP. XIII. ADDITIONAL ARGUMENTS on TIE
WORD " FREE"-Showing that this wsrd must DO taken
in the political seuse before mentioned, and not a. dn.
guished from saves
CHAP. XIV. POWER OF THE GENERAL GOVERN.
NENr OVER s14AvERY.-Ovigi~ AID necessity # ~
popor to abolish slavery in tie States.
APPENDIX A. FUGITIVE sLAvES.-Extended legal
and historical argument on this subscck
APPENDIX B. SUGGESTIONS TO ABoIInoNIsrs-
Aboiois abolih slavery legally only By taking tie
ground that the United States consultation asaovse Ms ae.
neral government 10 obolish Il.
THE SUMMING UP.
CHAPTER XIV.
POWER OF TIE GENERAL GOyERNMKNY OVER
SLAVERY.
II sa common assertion that the general government
has no power over slavery in the States II by this bs