St. Mary's gazette., 1867-07-25

IF sheer force anu 10 ohc WIN so'i'0if 49,
e,rea can establish Constitutions III country
wheregovcrnmcnts arc based upon the "con-
sent Of the people But for another rea-
san il could not effect its purpose, for this
amendment itself, if | may so say, Is un-
G institutional. According TO the trae spirit
Of the Constitution as adopted by our tore
fathers. in nv opinion it could not be pro-
noao5 hy Congress nor could three tourihs
Of States - adopting It make It part OF
tho Constitution. It is true the article OF
the Constitution providing for amendments:
declares that amendments thus proposed
aud adopted shall be valid to all intents
and purposes as part Of this Constitution
Bn, Constitutions like other laws are con-
strucd no. only according to the words but
according to the intent of the makers, as
asccrtaincd by the surrounding elrcunistan-
ccs Ii it had been supposed for mo.
ncnt that art. 9th of the Constitution CT
the Unitcd States gave power to aooiish
slavery by amendment, can ary enc think
that the required number of nine States or
even four, wo1ld have adopted 1t, and JON
ed the Union? Moreover IN that sad NTH
article tac power to abolish the africa"
Stare frade before lS0S (twcnty years al
ter the adoption Of the Constituu9n) was,
made impossible by the express words OF
the article itself Can any oIS> come io
the conclusion that it was 'litcadct to give
power ip the Constitution to abolish slave
~ IT anv time and all times after the adop-
ton of the Constitution, while for twenty
years thereafter they expressly made the
Slave trade deltsclHawful and lrrcPealaolc: Did
they intend to abolish an institution While
thcy Granted the uncomfortable power to
the ocople to add to it?-acvcr They
we're not men ''to hold the word Of prom
isc to the ear and break it to the hope. :
, Did they intend to say to the people press
all sail for twenty years, and bring trom
Africa as many slaves as YOU can and at
what cost you please and then turn around
and claim the power to destroy the lnstl-
tuition Of slavery and the immense invest
mcnt which the people had made in that
kind &C nroncrtv? If so, instead of being
thc ore,t Good and truthful men, we know
! them to have been, they would have been
\ band Of swindlcrs-no sir The institu-
ton Of slavery in theory at least still exists
and i docs not become our State to utter a
word ,g,;nst that theory, when she reflects
Nv what arts of the tyrant and the robbcr
orr nconIc have been practically deprived
of thc;r r;oht, in this respect The theft
Of nroncrty does not destroy the title of the
owpcr Bcsilcs if this amendment could
va ooo,s.;t,tion,]Iv made. what becomes Of
a,,. oI.;n, Gov conynonsation for the slaves
# ,rl;.h tive lfnitrd States deprived us or
converted 70 their OWN use? There is no
c,auso in rbc Constitution which says that
wo sbal} he ,aid for property made value
lose, 70 ue bc an amendment of the CoHsti
tn,;o,, 80, coula nroperly be adopted,
but there is provision that private prop
crtv shall not be taken for public use with
out lust compensation" The amendment
declares it shall not thereafter De cons,:o' .:
ed provision declares it shall be paid tor AS
property Which is tho stronger position
for Marvl to- take ia the making thc
damand for the value of the slaves of whlch
l>cr nco,>}c have been deprived.
Nv own humble opinion on this subject
is sustained by the opinion of one of the
unrest ana ablcSt judges who ever sat
upon any bcnch-l mean judge fancy
In his opinion in the bred Scott case ne
uses the following decided language. The
government cf the T. States had 10 right
to interfere for any other purpose but that
# nrntrctinc the rights of the owner, lcay-
nag it altogether with the several States to
deal with this race whether emanci2ated OF
not, as each State may th'nk wst'ce' hu-
manity and SAFETY of society require
The States evidently Intended to reserve
this power EXCLUSIVELY to Themselves
trust therefore the Convention Will not
leave their work to the risk of beng rcpu-
1iatc1 bv the people by leaving tie clause
I have been commenting on, in the Con-
stituti9n they arc now engaged in prcpar-
mo
There is another kindred subject before
the Convention which cxcitcs considerable
animadycr>lon. mean the question OF the
o5,risxihIitv Of negroes az witnesses IN ca
Sos IN which white men are parties. |
will say nothing about the peculiar condl-
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