FREE BOOKS

Author's List




PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   >>   >|  
ned no recognition of slavery. The only words in them, that could be claimed by any body as recognizing slavery, are the following, in Art. 4, Sec. 1. "The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, _the free inhabitants_ of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all the privileges and immunities of _free citizens_ in the several States; and _the people_ of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions, as the inhabitants thereof respectively." There are several reasons why this provision contains no legal recognition of slavery. 1. The true meaning of the word "free," as used in the English law, in the colonial charters, and in the State constitutions up to this time, when applied to persons, was to describe citizens, or persons possessed of franchises, as distinguished from aliens or persons not possessed of the same franchises. Usage, then, would give this meaning to the word "free" in this section. 2. The rules of law require that an innocent meaning should be given to all words that will bear an innocent meaning. 3. The Confederation was a league between states in their corporate capacity; and not, like the constitution, a government established by the people in their individual character. The confederation, then, being a league between states or corporations, as such, of course recognized nothing in the character of the state governments except what their corporate charters or state constitutions authorized. And as none of the state constitutions of the day recognized slavery, the confederation of the state governments could not of course recognize it. Certainly none of its language can, consistently with legal rules, have such a meaning given to it, when it is susceptible of another that perfectly accords with the sense in which it is used in the constitutions of the states, that were parties to the league. 4. No other meaning can be given to the word "free" in this case, without making the sentence an absurd, or, at least, a foolish and inconsistent one. For instance,--The word "free" is joined to the word "citizen." What reason could there be in applying the term "free" to the word "ci
PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   >>   >|  



Top keywords:
meaning
 

constitutions

 

slavery

 
people
 

States

 

persons

 

league

 

states

 

charters

 

innocent


recognized

 
governments
 

confederation

 
character
 
franchises
 

corporate

 

possessed

 

inhabitants

 

recognition

 

privileges


citizens

 

Certainly

 

recognize

 

language

 

susceptible

 
ingress
 

consistently

 

regress

 

authorized

 

corporations


recognizing

 

individual

 
claimed
 

perfectly

 

instance

 

joined

 

inconsistent

 

citizen

 

applying

 

reason


foolish
 
parties
 

accords

 

absurd

 

sentence

 
making
 

established

 
government
 
paupers
 

colonial