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
"_We have obtained a right to recover our slaves, in whatever part
of America they may take refuge, which is a right we had not
before._ In short, considering all circumstances, we have made the
best terms for the security of this species of property it was in
our power to make. We would have made better if we could; but, on
the whole, I do not think them bad."(!)
SUPPRESSION OF SLAVE INSURRECTIONS. (Const. Art. 1, sec. 8; Art. 4, sec.
4.)
Luther Martin, in the speech before alluded to, used the following
language:--
"It was further urged, that, by this system of government, every
State is to be protected both from foreign invasion and from
domestic insurrections: from this consideration, it was of the
utmost importance it should have a power to restrain the importation
of slaves, since, in proportion as the number of slaves are
increased in any State, in the same proportion the State is weakened
and exposed to foreign invasion or domestic insurrection, and by so
much less will it be able to protect itself against either, and
therefore will by so much the more want aid from, and be a burden
to, the Union."
In the Virginia Convention, Mr. George Nicholas said:--
"Another worthy member says there is no power in the States to quell
an insurrection of slaves. Have they it now? If they have, does the
Constitution take it away? If it does, it must be in one of the
three clauses which have been mentioned by the worthy member. The
first clause gives the general government power to call them out
when necessary. Does this take it away from the States? No; but it
gives an additional security; for, besides the power in the State
governments to use their own militia, _it will be the duty of the
general government to aid them with the strength of the Union, when
called for_. No part of this Constitution can show that this power
is taken away."
Mr. Madison, respecting these clauses, says:--
"On application of the legislature or executive, as the case may be,
the militia of the other States are to be called to suppress
domestic insurrections. Does this bar the States from calling forth
their own militia? No; but _it gives them a supplementary security
to suppress insurrections and domestic violence_."
CHAPTER XIV.
THE CONSTITUTION ACCORDING TO THE PRACTICE OF THE GOVERNMENT.
Uniform practice under a law is one of the highest proofs of the
meaning of that law.
APPORTIONMENT OF REPRESENTATIVES. (Const. Art. 1, sec. 2.)
The Constitution (Art. 1, sec. 2, par. 3) provides that the enumeration
of the people of the United States (upon which the apportionment of
representatives and direct taxes was to be made) "shall be made within
three years after the first meeting of the Congress of the United
States, and within every subsequent term of ten years, in such manner as
they shall by law direct."
Public-domain text, read in full here on John Shaqi.
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