The Heritage of The South: A History of the Introduction of Slavery; Its Establishment From Colonial Times and Final Effect Upon the Politics of the United StatesEarly, Jubal Anderson
History
The Heritage of The South: A History of the Introduction of Slavery; Its Establishment From Colonial Times and Final Effect Upon the Politics of the United States
Early, Jubal Anderson
Slavery -- United States; United States -- Politics and government -- 1861-1865
The clause in regard to the restoration of fugitive slaves was adopted
without any objection from any quarter, and it was worded in almost the
identical language of the provision on the same subject contained in
the old compact of "The United Colonies of New England." Without the
provision for the return of slaves escaping into any of the states or the
public territory, not a solitary Southern State would have accepted the
Constitution, and its necessity, propriety and justice were conceded on
all sides without question. When the Constitution was submitted to the
states for ratification, it met with a good deal of opposition because
it was thought to impose too great restrictions on the rights of the
states, but it was finally ratified by the end of July, 1788, by eleven
states, and steps were taken to organize the government under it, which
was done in April, 1789, by the meeting of the first Congress under the
Constitution and the inauguration of General Washington as President.
North Carolina did not ratify the Constitution until November, 1789,
nor Rhode Island until May, 1790, and until they did ratify it they
remained as foreign nations to the other states. When the ratification
was under consideration, there was much discussion as to the construction
of various clauses, and most of the states were induced to give their
assent by the hope of adoption of amendments explaining all ambiguities
and objectionable clauses, and the ratification was accompanied with the
recommendation of such amendments as were desired.
In passing the ordinance ratifying the Constitution, the Virginia
convention adopted an explanatory preamble, declaring that when the
powers delegated should be abused they would be resumed, and the New
York convention accompanied the ratification with a declaration of the
right to withdraw it. It is curious in view of subsequent events, that
Massachusetts proposed as an amendment "That all powers not expressly
delegated to Congress should be reserved to the states," and another "That
no person be tried for any crime (cases in the military and naval service
excepted) without previous indictment by a grand jury; and that in civil
cases the right of trial by jury be preserved." The first of these was
recommended by Virginia and South Carolina also, and the last by Virginia,
and both were subsequently adopted as amendments to the Constitution
on the recommendation of the first Congress, with only a change of
phraseology not at all effecting their import. Massachusetts has changed
her views since she asserted these doctrines of states' rights and civil
liberty.
Public-domain text, read in full here on John Shaqi.
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