The Anti-Slavery Examiner, Part 2 of 4 by American Anti-Slavery Society
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jurisdiction. What has rifled it of power to abolish slavery in
_another_ part of its jurisdiction, especially in that part where it has "exclusive legislation in all cases whatsoever?" 8. THE CONSTITUTION OF THE UNITED STATES RECOGNIZES THIS POWER BY THE MOST CONCLUSIVE IMPLICATION. In Art. 1, sec. 3, clause 1, it prohibits the abolition of the slave trade previous to 1808: thus implying the power of Congress to do it at once, but for the restriction; and its power to do it _unconditionally_, when that restriction ceased. Again; In 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 said service or labor." This clause was inserted, as all admit, to prevent the runaway slave from being emancipated by the _laws_ of the free states. If these laws had _no power_ to emancipate, why this constitutional guard to prevent it? The insertion of the clause, was the testimony of the eminent jurists that framed the Constitution, to the existence of the _power_, and their public proclamation, that the abolition of slavery was within the appropriate sphere of legislation. The right of the owner to that which is rightfully property, is founded on a principle of _universal law_, and is recognized and protected by all civilized nations; property in slaves is, by general consent, an _exception_; hence slaveholders insisted upon the insertion of this clause in the United States' Constitution, that they might secure by an _express provision_, that from which protection is withheld, by the acknowledged principles of universal law.[A] By demanding this provision, slaveholders consented that their slaves should not be recognized as property by the United States' Constitution, and hence they found their claim, on the fact of |
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