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
"If this inference were correct; if this power were exercised, not
under any particular clause in the Constitution, but in virtue of a
general right over the subject of commerce to exist as long as the
Constitution itself, it might now be exercised. Any State might now
import African slaves into its own territory. But it is obvious that
the power of the States over this subject, previous to the year
1808, constitutes an exception to the power of Congress to regulate
commerce; and the exception is expressed in such words as to
manifest clearly the intention to continue the pre-existing right of
the States to admit or exclude for a limited period. The words are,
'The migration or importation of such persons as any of the States
now existing shall think proper to admit, shall not be prohibited by
the Congress prior to 1808.' The whole object of the exception is to
preserve the power to those States which might be disposed to
exercise it, and its language seems to the court to convey this idea
unequivocally."
See also pp. 216, 217.
RESTORATION OF FUGITIVE SLAVES. (Const. Art. 4, sec. 2.)
The following extracts are taken from the opinion of the supreme court
in the well-known case, Prigg _vs._ the Commonwealth of Pennsylvania (16
Pet. Rep. 609, &c.). Judge Story delivered the opinion:--
"Historically, it is well known, that the object of this clause was
to secure to the citizens of the slaveholding States the complete
right and title of ownership in their slaves, as property, in every
State in the Union into which they might escape from the State where
they were held in servitude. The full recognition of this right and
title was indispensable to the security of this species of property
in all the slaveholding States; and, indeed, was so vital to the
preservation of their domestic interests and institutions, that it
cannot be doubted that it constituted a fundamental article, without
the adoption of which the Union could not have been formed. Its true
design was to guard against the doctrines and principles prevalent
in the non-slaveholding States, by preventing them from
intermeddling with, or obstructing, or abolishing, the rights of the
owners of slaves."
Public-domain text, read in full here on John Shaqi.
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