The Atlantic Monthly, Volume 12, No. 69, July, 1863: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 12, No. 69, July, 1863: A Magazine of Literature, Art, and Politics
Various
American periodicals
State laws regulating apprenticeship and slavery may give to the master of
the apprentice, or of the slave, the custody of the person and the right
of corporal punishment, in order the better to insure the performance of
the labor due. These laws may declare that an apprentice, or a slave, who
strikes his master, shall suffer death. They may provide that the
testimony of an apprentice, or of a slave, shall not be received in any
court of justice as evidence against his master. They may make the claims
to service or labor, whether for years or for life, transferable by
ordinary sale. They may declare such claims to be, under certain
circumstances, of the nature of real estate. They may enact that these
claims shall be hereditary, both as regards the claimant and the person
held to service, so that heirs shall inherit them,--and also so that the
children of apprentices, or of slaves, shall, in virtue of their birth, be
apprentices or slaves. But State laws or State constitutions, whatever
their provisions, cannot modify the Constitution of the United States. The
Supreme Court has decided that "the Government of the Union, though
limited in its power, is supreme within its sphere of action"; and again,
that "the laws of the United States, when made in pursuance of the
Constitution, form the supreme law of the land, anything in the
constitution or laws of any State to the contrary notwithstanding."[7]
[Footnote 7: "_McCulloch against the State of Maryland._" 4
Wheaton, _Rep._, p. 316.]
Therefore State laws or constitutions can neither determine the
interpretation of the Federal Constitution nor explain its intent. It is
to be interpreted by the words, fairly and candidly construed, of its
framers.
In the provision under consideration the phraseology is remarkable. The
word _slave_, though then in common use, to designate a negro held to
service or labor for life, is not employed. It is impossible to believe
that this peculiarity was accidental, or to overlook the inevitable
inference from it. This provision does not recognize slavery except as it
recognizes apprenticeship. African slavery, according to the expressly
selected words, and therefore according to the manifest intent, of the
framers of the Constitution, is here recognized as a claim to the service
or labor of a negro: nothing more, nothing else.
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