A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861Chittenden, L. E. (Lucius Eugene)
History
A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861
Chittenden, L. E. (Lucius Eugene)
Conference Convention (1861 : Washington, D.C.); United States -- Politics and government -- 1857-1861
Now observe that this article, proviso and all, is part of an
unalterable compact to which the Constitution has given validity.
Nobody pretends Congress has ever had the power to alter it. Mr.
TOOMBS denies any such power in express terms. A law which Congress
cannot alter has substantially the force and effect of a
constitutional proviso. This, then, is the only law for the
reclamation of fugitive slaves in the five States of the northwest
territory; and there can be no other, the Constitution having made it
perpetually valid.
Such obviously is the meaning and legal effect of the fugitive slave
provision in the ordinance. And the meaning of that, derived as it is
not merely from the consent of the Federal and State conventions, but
from their concurrent action, necessarily fixes the meaning of the
provision on the same subject in the Constitution, and shows how it
must have been understood. As the two were parts of the same
compromise, of course neither was understood to be inconsistent with
the other. The provision in the Constitution is in these words:
"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."
So far as this describes, or was understood to describe, persons held
to service or labor as slaves, it necessarily must also have been
understood to apply only to the original States. This follows from
what has already been shown. And it must have been so understood for
another reason, because it was only "in" and "under" the laws of those
States that persons could be held to service or labor as slaves. Under
the laws of the Territories and new States, their being so held was
forever prohibited. Hence, none but those escaped from one of the
original States could ever be legally liable to reclamation, according
to the understanding and intention of the original parties to this
compact. This manifestly was the meaning of "the fathers," when the
ordinance and Constitution were framed and ratified.
The two provisions must be construed together. That in the ordinance
was intended for the Territories and new States, and that in the
Constitution for the original States. If that in the Constitution had
been intended for the Territories, it would have read, "escaping into
another State or into the Territory," and that in the ordinance would
have been entirely omitted. The proviso to the prohibition in the
Missouri Compromise in 1820 is a striking confirmation of this. That
was copied, word for word, from the ordinance of 1787, or original
compromise, except substituting for the words "in any one of the
States," the words "in any State or Territory of the United States,"
as follows:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account