Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-02-06

cheney of efficient African laborers to bring int
cultivation their rich and boundIess forests.
The number and distribution of the blacks at sew
| eral periods were as follows:
Northern States. Southern States.
II9u.-....-.-,. obOOU ooI,0UO
1900. .......... 1000 $1,000
1910. 900 I,I63OOO
The slave trade was thus kept open by the action
of the convention till the number Of slaves reached
more than one-fourth of the present number. The
blacks stood then in the ratio of about to of the
white population. Our forefathers knew well t
what number the slave population would probably
increase by natural law as we know what it viii
probably be twenty years hence. The fact that they
the slave trade open to the perpetual discretion
of Congress and the States furnishes the most con
elusive proof that they intended to introduce ana
sustain slavery rather than to extinguishi it.
SLAVE REPRESENTATION.
The second section of the first article of the Con
stituton provides that in apportoning representation
in Congress, five slaves shall be counted three
white persons. This was not based on the idea tina
slaves were then or ever would be voters
it was not based on the idea that their rights
were to be represented, for they had no polit
ical rights; it conferred no specific power or
the owner of slaves by virtue of his ownership; it
simply conferred on the district which contained
slaves, additional power in Congress. 1t was or
ganzing selfprotectlng power IN the fabric Of the
Government.
in the Northerp States, and 650000 in the Southern
States. This additional representation there
fore necessary to enable the owners of slaves to
protect this description of property against OPP
pressive taxation. and against the Vaccinations of
such men as Lincoln and Seward. Judge Story de-
clares that no union of f~'-tta5es could have been
formed without this proa-...... BOWER. twas then
believed that slavery wd --ly be removed from
all the States North of NJ and Dixons line on
q calculation of profit anC;-jss on slave labor 1t
\ II Il.
would exclude it, After the slave trade had been
open for more than century, find, according to
Bancroft that there only about ii 600 slaves in
all New England in 1850. about il.000 in the Mid
die States and about 200 600 in the Southern States
of which $4,000 were in Maryland. This distribu
ton says Bancroft was effected by climate AID pro-
ducton 1t was the cultivation of tobacco that fill
ed up Virginia and Maryland with slaves. Chief
Justice fancy says but few slaves were held at the
Declaration of Independence in some of the States,
and when the Constitution was adopted it near
ly worn out in one of them and measures had been
taken for its gradual abolition in others. but this
change had not been produced from any change in
opinion as to this race, but because it discov
cred from experience thatslave labor was unsuited
to the climate and production Of those States for IN
some of the States where it had ceased nearly
ceased to exist were actively engaged in the slave
trade procuring cargoes the coast of Africa, and
transporting them to those parts of the Union where
their labor was profitable. This traffic was openly
carried and fortunes accumulated by il, without
FepFoales from the people OF the States where they
resided" There can be but little doubt but that
New England would now be covered with the sable
sons of Africa if slave labor had been as profitable
there as in South Carolina. but an open slave trade
of century and half duration could not force
upon those States than $4,000 $4,000 glayes.
It was apparent at the time of the formation Of the
Constitution in 1889 that the laws of trade would
remove all the slaves from the Northern States,
therefore it was that this provision was inserted in
the Constitution to enable Southern States TO protects
their property in the National Legislature against
the encroachmeDts OF dominant sectional majority,
led on by such men as Lincoln Seward, Chase and
Others
Although the South would now be entitled to 25
Representatives to protect her 1000 900 of slaves,
this safeguard is lost by the progress CT emigration
and population in the North. To PLACE the South
in possession Of the s4Ae protecting power which
the founders Of the Government intended she should
have, she should now have perpetual equilibrium
in the Senate or some other organized and standing
power,
FUGITIVE SLAVES.
The founders of the Government having secured
Legislative protection to slave property proceeded
TO secure the restora ton of fugitive slaves. The
second section of the fourth article which declares
that mo person held to service labor in state
shall in consequence of any law regulation there
IN be discharged from such service or labor, but
shall be delivered up claim OF the party to whom
such labor service may be due"
The act of 1898 passed under the first adminstra-
ton after the adoption of the Constitution was pass
ed to carry into effect this provision of the Consttu
ton. 1t enacts that when any person held to labor
service in any Of the States shall escape to any
of the other States or Territories, the person to
Ybam such labor or service is due may seize or ar
rest such fugitive from labor and take him before
Judge of the United States Court or Magistrate and
upon proof that the person so seized or arrested doth
owe labor or service, II shall be the duty of such
judge magistrate to give certificate to such
claimant, which shall be sufficient warrant for re-
moving such fugitive to the State from which he
fed,
Judge Story speaking of this clause in the Consti-
tuition says: ''The want of such provision in the
articles of confederation felt serious incon
venence, as some of the States would furnish aid
to restore fugitive slaves and in otbers the owner
might meet with open resistance He states that
it paSsed ly the Convention unanimously and that it
does not Contemplate ajury trial as right of the
fugitive. 80"
The Supreme Court of Massachusetts declared in
1886 as follows: 1T has been conteldad by some
over-zealous philanthropsts tha this article in the
Constitution 3ogld be of binding validity because
It was stipulation contrary to natural right" This
is the position of Gov. Andrews of Massachusetts,
Seward when Governor of New 4ork, and probably
all the present Governors of the Northern States %
But SAYS the Supreme Cour tof Massachusetts it has
already been shown that slavery not contrary to
the law of nations, il would then be q subject of
treaty between the sovereign and independent pow
ers Suppose instead of forming the persent Con
sttution or any other Confederation, the several
States had become in all respects sovereign, and
would it not have been competent for
them to stipul3te that fugitive slaves should be
tually restored and to frame regulations to carry
the same into effect. Such tipulation would be
highly important. and necessary to prevent perpe-
tual collisions between the States. Tie Constitution
OF the United States, partakes of the nature of a
treaty and of form of Government 1t regards
the States as one community IN their foreign rela-
tions as independent communities in their internal
noIiny. When the Constitution was framed some of
the States permitted slavery and the stave trade and
others prohibited them, 1t was manifestly there
fore the object of one party to enlarge extend and
secure the rights of the owners OF slaves and Of
III. other party tolmit them. Under these circunls
stances the clause in question was introduced into
the Constitution and was intended oproduce peace
and harmony, This was deliyered as the opinion of
Ne supreme Court of Massachusetts, in 1886. In 1912
six Years afterwards the case Prigg Is. Pepnsy,ya-
ma came before the Supreme Court, prgg seized
and carried to Maryland slave and delieVered her
10 her mistress, without having complied with the
laws of Pennesyyania on that subject. Prigg was
arrested iedeonSicted and sentenced to
confinement in the State prison. of Pennsylvania for
4 term of years because he had removed said slave
without having complied with the laws of said
State. he removed his case to the Supreme Court