The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§2. It is generally known that, from an early period, slaves had been
imported into the colonies from Africa. At the time when the
constitution was formed, laws prohibiting the foreign slave trade had
been passed in all the states except North Carolina, South Carolina, and
Georgia. The delegates from these states in the convention insisted on
having the privilege of importing slaves secured, by withholding from
congress the power to prohibit the importation. A majority of the
convention were in favor of leaving congress free to prohibit the trade
at any time. But as it was doubtful whether these states would in such
case accede to the constitution; and as it was desirable to bring as
many states as possible into the union; it was at length agreed that the
trade should be left open, and free to all the states choosing to
continue it, until 1808, (twenty years;) congress being allowed,
however, to lay a duty or tax of ten dollars on every slave imported.
§3. It has ever been a cause of wonder and regret to many, that the
traffic in human beings should have been permitted by the constitution,
even for the most limited period. It is, however, a gratifying fact,
that congress exercised its power for terminating the foreign slave
trade, at the earliest possible period. A law was passed in 1807, to go
into effect in January, 1808, making it unlawful, under severe
penalties, to import slaves into the United States; and in 1820, the
African slave trade was by law declared _piracy_, and made punishable by
death.
§4. The next clause is, "The privilege of the writ of _habeas corpus_
shall not be suspended, unless when, in cases of rebellion or invasion,
the public safety may require it." _Habeas corpus_, (Latin,) signifies,
_have the body_. A person deprived of his liberty, may, before the final
judgment of a court is pronounced against him, petition a court or
judge, who issues a writ commanding the party imprisoning or detaining
him, to produce his body and the cause of his detention before the judge
or court. If the imprisonment or detention is found to be illegal, or
without sufficient cause, the prisoner is set at liberty.
§5. The next clause declares, "No bill of attainder or _ex post facto_
law shall be passed." A _bill of attainder_ is an act of the legislature
by which the punishment of death is inflicted upon a person for some
crime, without any trial. If it inflicts a milder punishment, it is
usually called a bill of pains and penalties. Such laws are inconsistent
with the principles of republican government, and are therefore properly
prohibited.
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