ifled it of power to abolish slavery in
_another_ part of its jurisdiction, especially in that part where it has
"exclusive legislation in all cases whatsoever?"
8. THE CONSTITUTION OF THE UNITED STATES RECOGNISES THIS POWER BY THE
MOST CONCLUSIVE IMPLICATION. In Art. 1, sec. 3, clause 1, it prohibits
the abolition of the slave trade previous to 1808: thus implying the
power of Congress to do it at once, but for the restriction; and its
power to do it _unconditionally_, when that restriction ceased. Again;
In Art. 4, sec. 2, "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 said service or
labor." This clause was inserted, as all admit, to prevent the runaway
slave from being emancipated by the _laws_ of the free states. If these
laws had _no power_ to emancipate, why this constitutional guard to
prevent it?
The insertion of the clause, was the testimony of the eminent jurists
that framed the Constitution, to the existence of the _power_, and their
public proclamation, that the abolition of slavery was within the
appropriate sphere of legislation. The right of the owner to that which
is rightfully property, is founded on a principle of _universal law_,
and is recognised and protected by all civilized nations; property in
slaves is, by general consent, an _exception_; hence slaveholders
insisted upon the insertion of this clause in the United States
Constitution, that they might secure by an _express provision_, that
from which protection is withheld, by the acknowledged principles of
universal law.[A] By demanding this provision, slaveholders consented
that their slaves should not be recognised as property by the United
States Constitution, and hence they found their claim, on the fact of
their being "_persons_, and _held_ to service."
[Footnote A: The fact, that under the articles of Confederation,
slaveholders, whose slaves had escaped into free states, had no legal
power to force them back,--that _now_ they have no power to recover, by
process of law, their slaves who escape to Canada, the South American
States, or to Europe--the case already cited, in which the Supreme Court
of Louisiana decided, that residence "_for one moment_," under the laws
of France emancipated an American slave--the case of Fulton _vs._.
Lewis, 3 Har. and John's Reps., 56, where the slave of a St. Domingo
slaveholder,
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