ither to
undertake nor permit any encroachment upon or intermeddling with
another's reserved rights.
Where it was deemed expedient particular rights of the States were
expressly guaranteed by the Constitution, but in all things besides
these rights were guarded by the limitation of the powers granted and by
express reservation of all powers not granted in the compact of union.
Thus the great power of taxation was limited to purposes of common
defense and general welfare, excluding objects appertaining to the local
legislation of the several States; and those purposes of general welfare
and common defense were afterwards defined by specific enumeration as
being matters only of co-relation between the States themselves or
between them and foreign governments, which, because of their common and
general nature, could not be left to the separate control of each State.
Of the circumstances of local condition, interest, and rights in which
a portion of the States, constituting one great section of the Union,
differed from the rest and from another section, the most important was
the peculiarity of a larger relative colored population in the Southern
than in the Northern States.
A population of this class, held in subjection, existed in nearly all
the States, but was more numerous and of more serious concernment in the
South than in the North on account of natural differences of climate and
production; and it was foreseen that, for the same reasons, while this
population would diminish and sooner or later cease to exist in some
States, it might increase in others. The peculiar character and
magnitude of this question of local rights, not in material relations
only, but still more in social ones, caused it to enter into the special
stipulations of the Constitution.
Hence, while the General Government, as well by the enumerated powers
granted to it as by those not enumerated, and therefore refused to it,
was forbidden to touch this matter in the sense of attack or offense,
it was placed under the general safeguard of the Union in the sense of
defense against either invasion or domestic violence, like all other
local interests of the several States. Each State expressly stipulated,
as well for itself as for each and all of its citizens, and every
citizen of each State became solemnly bound by his allegiance to the
Constitution that any person held to service or labor in one State,
escaping into another, should not, in cons
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