|
Main
- books.jibble.org
My Books
- IRC Hacks
Misc. Articles
- Meaning of Jibble
- M4 Su Doku
- Computer Scrapbooking
- Setting up Java
- Bootable Java
- Cookies in Java
- Dynamic Graphs
- Social Shakespeare
External Links
- Paul Mutton
- Jibble Photo Gallery
- Jibble Forums
- Google Landmarks
- Jibble Shop
- Free Books
- Intershot Ltd
|
books.jibble.org
Previous Page
| Next Page
Page 62
I put aside, as equally fabulous, the common saying, that this provision
was one of the original compromises of the Constitution, and an
essential condition of Union. Though sanctioned by eminent judicial
opinions, it will be found that this statement is hastily made, without
any support in the records of the Convention, the only authentic
evidence of the compromises; nor will it be easy to find any authority
for it in any contemporary document, speech, published letter, or
pamphlet of any kind. It is true that there were compromises at the
formation of the Constitution, which were the subject of anxious debate;
but this was not one of them.
There was a compromise between the small and large States, by which
equality was secured to all the States in the Senate.
There was another compromise finally carried, under threats from the
South, on the motion of a New England member, by which the Slave States
are allowed Representatives according to the whole number of free
persons and "three fifths of all other persons," thus securing political
power on account of their slaves, in consideration that direct taxes
should be apportioned in the same way. Direct taxes have been imposed at
only four brief intervals. The political power has been constant, and at
this moment sends twenty-one members to the other House.
There was a third compromise, not to be mentioned without shame. It was
that hateful bargain by which Congress was restrained until 1808 from
the prohibition of the foreign Slave-trade, thus securing, down to that
period, toleration for crime. This was pertinaciously pressed by the
South, even to the extent of absolute restriction on Congress. John
Rutledge said:
"If the Convention thinks that North Carolina, South Carolina, and
Georgia will ever agree to the Plan (the National Constitution), unless
their right to import slaves be untouched, the expectation is vain.
The people of those States will never be such fools as to give up so
important an interest." Charles Pinckney said: "South Carolina can never
receive the Plan, if it prohibits the slave-trade." Charles Cotesworth
Pinckney "thought himself bound to declare candidly, that he did not
think South Carolina would stop her importations of slaves in any short
time." The effrontery of the slave-masters was matched by the sordidness
of the Eastern members, who yielded again. Luther Martin, the eminent
member of the Convention, in his contemporary address to the Legislature
of Maryland, described the compromise. "I found," he said, "The Eastern
States, notwithstanding their aversion to Slavery, were very willing
to indulge the Southern States at least with a temporary liberty to
prosecute the slave-trade, _provided the Southern States would in their
turn gratify them by laying no restriction on navigation acts_." The
bargain was struck, and at this price the Southern States gained
the detestable indulgence. At a subsequent day Congress branded the
slave-trade as piracy, and thus, by solemn legislative act, adjudged
this compromise to be felonious and wicked.
Such are the three chief original compromises of the Constitution and
essential conditions of Union. The case of fugitives from service is not
of these. During the Convention it was not in any way associated with
these. Nor is there any evidence from the records of this body, that the
provision on this subject was regarded with any peculiar interest. As
its absence from the Articles of Confederation had not been the occasion
of solicitude or de-sire, anterior to the National Convention, so it
did not enter into any of the original plans of the Constitution. It was
introduced tardily, at a late period of the Convention, and adopted with
very little and most casual discussion. A few facts show how utterly
unfounded are recent assumptions.
The National Convention was convoked to meet at Philadelphia on the
second Monday in May, 1787. Several members appeared at this time, but,
a majority of the States not being represented, those present adjourned
from day to day until the 25th, when the Convention was organized by the
choice of George Washington as President. On the 28th a few brief rules
and orders were adopted. On the next day, they commenced their great
work.
On the same day, Edmund Randolph, of slaveholding Virginia, laid before
the Convention a series of fifteen resolutions, containing his plan for
the establishment of a New National Government. Here was no allusion to
fugitives slaves.
Also, on the same day, Charles Pinckney, of slaveholding South Carolina,
laid before the Convention what was called "A Draft of a Federal
Government, to be agreed upon between the Free and Independent States
of America," an elaborate paper, marked by considerable minuteness
of detail. Here are provisions, borrowed from the Articles of
Confederation, securing to the citizens of each State equal privileges,
in the several States, giving faith to the public records of the States,
and ordaining the surrender of fugitives from justice. But this draft,
though from the flaming guardian of the slave interest, contained no
allusion to fugitive slaves.
Previous Page
| Next Page
|
|