7]

With regard to slavery and the slave-trade, the provisions of this
Constitution furnish an effectual answer to the assertion, so often
made, that the Confederacy was founded on slavery, that slavery was its
"corner-stone," etc. Property in slaves, _already existing_, was
recognized and guaranteed, just as it was by the Constitution of the
United States; and the rights of such property in the common Territories
were protected against any such hostile discrimination as had been
attempted in the Union. But the "extension of slavery," in the only
practical sense of that phrase, was more distinctly and effectually
precluded by the Confederate than by the Federal Constitution. This will
be manifest on a comparison of the provisions of the two relative to the
slave-trade. These are found at the beginning of the ninth section of
the first article of each instrument. The Constitution of the United
States has the following:

"The migration or importation of such persons as any of the
States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the year one thousand eight
hundred and eight; but a tax or duty may be imposed on such
importations, not exceeding ten dollars for each person."

The Confederate Constitution, on the other hand, ordained as follows:

"1. The importation of negroes of the African race from any
foreign country, other than the slaveholding States or
Territories of the United States of America, is hereby
forbidden; and Congress is required to pass such laws as shall
effectually prevent the same.

"2. Congress shall also have the power to prohibit the
introduction of slaves from any state not a member of, or
Territory not belonging to, this Confederacy."

In the case of the United States, the only prohibition is against any
interference by Congress with the slave-trade for a term of years, and
it was further legitimized by the authority given to impose a duty upon
it. The term of years, it is true, had long since expired, but there was
still no prohibition of the trade by the Constitution; it was after 1808
entirely within the discretion of Congress either to encourage,
tolerate, or prohibit it.

Under the Confederate Constitution, on the contrary, the African
slave-trade was "_hereby forbidden_," positively and unconditionally,
from the beginning. Neither the Confederate Government nor that of any
of the State