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pressed in vindicating their rights by resorting to physical force.- 1b. Art. iii.
Measures. 1. To treat all men as men,-as immortal beings made in the image of the glorious God.
2. To pray for the enslavers and the enslaved.
3. To obtain and spread light upon the sin and evils of American slavery, by open, free, Christian. like discussion-by speaking the truth in love for all persons, and on all occasions.
CONSTITUTION OF THE UNITED STATES.
The following are all those parts of the Constitution of the United States, which have been supposed, in any way, to relate to the subject of slavery, or which can be consistently brought to bear upon it.
ART. I. Sec. 2. Third clause.-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 delermined by adding to the whole number of free persons, including those bound to service for a term of y-ars, and excluding Indians not taxed, three-fifths of all other persons.
Sec. 8. Among the enumerated powers of Con. gress is the following, which gives it full authority to abolish slavery in the District of Columbia, viz :
The Congress shall have power to exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of
CONSTITUTION OF THE UNITED STATES.
particular states, and the acceptance of Congress, become the seat of the government of ihe United States.
A similar power also extends to the territories as appears from Art. IV. Sec. 3.
The Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory and other property belonging to the United States, &c.
Art. IV. Sec. 2. Third clause.--No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
The case of a fugitive from slavery in the United States differs, from a fugitive from justice, in this respect; that the latter is to be delivered up "on demand of the executive authority of the state from which he fled, to be removed to the state having jurisdiction of the crime ;"—there he is to be tried, on principles of law and evidence common to all the states. But a person may be claimed as a fugitive slave, no trial whatever, after removal, being contemplated, or possible. It is therefore, evident that the states cannot protect their own citizens, unless the claimants of fugitive slaves are compelled to substantiate their claims before a jury by due process of law. But Congress has thought fit to le. gislate on this subject, and to yield to the claimant any person he may please to arrest as property, provided proof be made to the satisfaction of any magistrate whom the claimant may select. The law is as follows:
Sec. 3. And be it further enacted, That when a person held to labor in any of the United States, or in either of the territories on the northwest or south of the river Ohio, under the laws thereof, shall escape into any other
of the said states or territory, the person to whom such labor or service may be due, his agent or attorney is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the state, or before any magistrate of a county, city, or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such judge or magistrale, either by oral testimony or affidavit
, taken before and certified by a magistrute of any such state or territory, that the person so seized or arrested, doth, under the laws of the State or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor, to the state or territory from which he or she fled.
Now compare this Act of Congress with Art. xii, the Constitution, (Amendments, which reads thus :
In suits at common law, where the value in controversy shall exceed tweniy dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
From this it is perfectly clear, that the foregoing Act, is not only unconstitutional, but directly subversive of the state rights.
The following clause in the Constitution empowers Congress to abolish the internal slave trade :
Congress shall have power—to regulate commerce among the several states. — Art. I. Sec. 8.
Were the slave trade abolished which is now car. ried on between the different states, slavery could not continue in this nation but a short time. See next chapter,
UNITED STATES LAWS AGAINST THE
Foreign slave trade.
citizen of the United States, beiug of the crew or ship's company of any foreign ship or vessel engaged in the slave trade, or any citizen, or vessel owned in the whole or part, or navigated for, or in behalf of any citizen of the United States, shall land, from any such ship or vessel, and on any foreign shore seize any negro or mulatto, not held to service or labor by the laws of either of the states or territories of the United States, with intent to make such negro or mulatto a slave, shall decoy, or forcibly bring or carry, or shall receive such negro or mulatto on board any such ship or person whatever, being of the crew or ship's company of any ship or vessel, with intent as aforesaid, such citizen or person shall be adjudged a PIRATE, and on conviction thereof, before the circuit court of the United States, for the district wherein he may be brought or found, shall suffer DEATH.- Approved, May 15, 1820.
Sec. 2. And be it further enacted, That if any citizen of the United States, being of the crew or ship's company of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of the crew or ship's company, of any ship or vessel, owned wholly or in part, or navigated for, or in behalf of any citizen or citizens of the United States, shall forcibly confine, or detain, or aid and abet in forcibly confining, or detaining, on board such ship or vessel, any negro or mulatto, not held to service by the laws of either of the states or territories of the United States, with intent to make such negro or mulatto a slave, or shall, on board any such ship or vessel offer or attempt to sell, as a slave, any negro or mulatto not held to service as aforesaid, or shall, on the high seas, or any where on tide water, transfer to deliver over to any other ship or vessel, any negro or mulatto, not
held to service as aforesaid, with intent to make such negro or mulatto a slave, or shall land, or deliver on shore, from on board any such ship or vessel, any such negro or mulatto, with intent to make sale of, or having previously sold, such negro or mulatto, as a slave, such citizen, or person shall be adjudged a PIRATE, and on conviction thereof, before the circuit court of the United States for the district wherein he shall be brought, or found, shall suffer Death.-Approved, May, 1820.
American slave trade. From the following extracts it will be seen, that the domestic slave trade, also now carried on in this nation, is most explicitly condemned by the law of these United States.
Whereas, the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas, both His Majesty and the United States are desirous of continuing iheir efforts to promote its ENTIRE ABOLITION, it is hereby agreed that both the contracting parties shall use their best endeavors to accomplish so desirable an object.
- Treaty of peace between His Britannic Majesty and !he United States of America signed at Ghent, Dec. 24, 1814. Art. x.
This treaty shall be binding to both parties.-Ib. Art. xi. Now compare the above with the following :
All treaties made, or which shall be made, under the authority of the United States, shall be the SUPREME LAW OF THE LAND; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.- Constitution of the United States, Art. vi.
Hence it appears, that the “supreme law” of this land is opposed to the “traffic in slaves," and the good faith of the United States is PLEDGED to promote its “entire abolition."