Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
A similar law was passed in South Carolina (Act 1740, sec. 22). These
and similar laws, by limiting the hours of daily work and labor, or by
providing that work and labor shall not be demanded of a slave on
Sunday, recognize that on other days, and within certain hours, a master
may legally demand them. That which may be legally demanded is legally
due. Therefore, work and labor, or service, are legally due from the
slave to his master. To this labor and service the slave is "held" by
the law. If he refuses to work, his master may coerce him. If he runs
away, his master may pursue and retake him legally. He is "held for
life," or until emancipated according to law. Consequently, the
expression in the Constitution correctly describes the condition of a
slave. Indeed, it more correctly describes this condition than "chattel
personal" would, because it is the almost universal practice to treat a
slave in many important particulars, such as dower, &c. like real
property; and, in some States, slaves are declared by statute to be
real estate.
By this section, therefore, it is provided that no person held as a
slave in one State under the laws thereof, escaping into another, shall,
in consequence of any law or regulation therein, be discharged from his
slavery, but shall be delivered up on claim of his owner. The laws of
one State, whether they support slavery or any other institution, have
no power in another State. Consequently, if a slave escapes into a Free
State, he becomes free. This is the general rule of law. In virtue of
it, thousands of slaves are now free on the soil of Canada. In virtue of
it, a fugitive slave from South Carolina would be free in this State,
were it not for this section in the Constitution. But this section
declares that he shall not thereby become free, but shall be delivered
up. Again, _the Constitution makes an exception from a general rule of
law in favor of slavery_. It gives to slaveholders, and slave-laws, a
power which the general rule of law does not give. It enables a South
Carolina slaveholder to drag from the soil of Massachusetts a person
whom the general rule of law pronounces free, solely because South
Carolina laws declare the contrary. It makes the whole Union a vast
hunting-ground for slaves! There is not a single spot from the Atlantic
to the Pacific, from the St. John's to the Rio del Norte, or
"wheresoe'er may be the fleeting boundary of this republic," on which a
fugitive slave may rest, and his owner may not, in virtue of this
clause, claim and retake him as his slave!
Art. 1, sec. 8: "Congress shall have power ... to provide for
calling forth the militia ... _to suppress insurrections_."
Art. 4, sec. 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_."
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