Part 259 (1/2)

It contains the following clauses:

Art. 1, Sect. 2. Representatives 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 of free persons, including those bound to service for a term of years, and excluding Indians not taxed, _three fifths of all other persons_.

Art. 1, Sect. 8. Congress shall have power ... to suppress insurrections.

Art. 4, Sec. 2. No person, held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due.

Art. 4, Sect. 4. The United States shall guarantee to every State in this Union a republican form of government; and shall protect each of them against invasion; and, on application of the legislature, or of the executive, (when the legislature cannot be convened) _against domestic violence_.

The first of these clauses, relating to representation, gives to 10,000 inhabitants of Carolina equal weight in the government with 40,000 inhabitants of Ma.s.sachusetts, provided they are rich enough to hold 50,000 slaves:--and accordingly confers on a slaveholding community additional political power for every slave held among them, thus tempting them to continue to uphold the system.

Its result has been, in the language of John Quincy Adams, ”to make the preservation, propagation, and perpetuation of slavery the vital and animating spirit of the National Government;” and again, to enable ”a knot of slaveholders to give the law and prescribe the policy of the country.” So that ”since 1830 slavery, slaveholding, slavebreeding, and slavetrading have formed the whole foundation of the policy of the Federal Government.” The second and the last articles relating to insurrection and domestic violence, perfectly innocent in themselves--yet being made with the fact directly in view that slavery exists among us, do deliberately pledge the whole national force against the unhappy slave if he imitate our fathers and resist oppression--thus making us partners in the guilt of sustaining slavery: the third is a promise, on the part of the whole North, to return fugitive slaves to their masters; a deed which G.o.d's law expressly condemns, and which every n.o.ble feeling of our nature repudiates with loathing and contempt.

These are the clauses which the abolitionist, by voting or taking office, engages to uphold. While he considers slaveholding to be sin, he still rewards the master with additional political power for every additional slave that he can purchase. Thinking slaveholding to be sin, he pledges to the master the aid of the whole army and navy of the nation to reduce his slave again to chains, should he at any time succeed a moment in throwing them off. Thinking slaveholding to be sin, he goes on, year after year, appointing by his vote judges and marshals to aid in hunting up the fugitives, and seeing that they are delivered back to those who claim them! How beautifully consistent are his _principles_ and his _promises_!

OBJECTIONS.

OBJECTION I.

Allowing that the clause relating to representation and that relating to insurrections are immoral, it is contended that the article which orders the return of fugitive slaves was not meant to apply to slaves, but has been misconstrued and misapplied!

ANSWER. The meaning of the other two clauses, settled as it has been by the unbroken practice and cheerful acquiescence of the Government and people, no one has attempted to deny. This also has the same length of practice, and the same acquiescence, to show that it relates to slaves. No one denies that the Government and Courts have so construed it, and that the great body of the people have freely concurred in and supported this construction. And further, ”The Madison Papers” (containing the debates of those who framed the Const.i.tution, at the time it was made) settle beyond all doubt what meaning the framers intended to convey.

Look at the following extracts from those Papers:

_Tuesday, August 28th_, 1787.

Mr. Butler and Mr. Pinckney moved to require ”fugitive slaves and servants to be delivered up like criminals.”

Mr. Wilson. This would oblige the Executive of the State to do it, at the public expense.

Mr. Sherman saw no more propriety in the public seizing and surrendering a slave or servant, than a horse.

Mr. Butler withdrew his proposition, in order that some particular provision might be made, apart from this article.

Article 15, as amended, was then agreed to, _nem. con._--Madison papers, pp. 1447-8.

_Wednesday, August_ 29, 1787.

Mr. Butler moved to insert after Article 15, ”If any person bound to service or labor in any of the United States, shall escape into another State, he or she shall not be discharged from such service or labor, in consequence of any regulations subsisting in the State to which they escape, but shall be delivered up to the person justly claiming their service or labor,”--which was agreed to, _nem.

con._--p. 1456.

And again, after the wording of the above article had been slightly changed, and the clause newly numbered, as in the present Const.i.tution, we find another statement most clearly showing to what subject the whole was intended to refer:

_Sat.u.r.day, September_ 15, 1787.

Article 4, Section 2, (the third paragraph,) the term ”legally” was struck out; and the words, ”under the laws thereof,” inserted after the word ”State,” in compliance with the wish of some who thought the term legal equivocal, and favoring the idea that SLAVERY was _legal_ in a moral view.--p. 1589.