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
The Constitution was also framed and adopted with reference to the
actual political, social, and local condition of the people. It grew out
of their wants and wishes. The steps which finally led to its adoption
grew out of one of the many defects in the articles of confederation.
Consequently, to arrive at the true meaning of the Constitution, we must
bear in mind the political, social, and local condition of the people at
the time of its adoption, and, among many other similar facts, the very
general existence of domestic slavery.[V]
Keeping in view these, the very simplest rules of interpretation, we
will show what the Constitution is according to the common meaning of
its terms; what its framers intended to make it; what, in point of fact,
it has been considered to be in the practice of the government; and,
finally, what it has been adjudged to mean by that body which it has
itself pointed out as the final arbiter of its meaning. And, if all
these unite in giving the Constitution but one character, we, as
reasonable men, seeking the truth, cannot deny that such is its true
character.
CHAPTER XII.
THE CONSTITUTION ACCORDING TO THE COMMON MEANING OF ITS TERMS.
The people made it, the people adopted it, the people must be
supposed to read it with the help of common sense, and cannot be
presumed to admit in it any hidden or extraordinary meaning.
At the time of the adoption of the Constitution, slavery existed in all
the States except Massachusetts. How far, if at all, does this
instrument support or countenance the institution?
Art. 1, sec. 2: "Representatives and direct taxes shall be
apportioned among the several States which may be included within
this union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons, including
those bound to service for a term of years, and excluding Indians
not taxed, three-fifths of all other persons."
By this section, persons are divided into those who are free and those
who are slaves; for to the whole number of _free_ persons are to be
added three-fifths of _all other_ persons, that is, persons not free, or
_slaves_. If we adopt the plain, obvious, and common meaning of the
words as their true meaning, this conclusion is incontrovertible.
It is sometimes urged, that by "free person" is meant "citizen." But the
expression cannot be taken in any such technical sense. Under the
expression "free persons" are included those bound to service for a term
of years, and therefore from it are excluded those bound to service for
life, or slaves.
This article, therefore, recognizes slavery as explicitly as if the word
_slave_ itself had been used, and gives to the free persons in a Slave
State, solely because they are slaveholders, a larger representation,
and consequently greater political power, than the same number of free
persons in a Free State. A BOUNTY ON SLAVEHOLDING!
Public-domain text, read in full here on John Shaqi.
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