Report Accompany Bill S. &Gt, 1864 (Classic Reprint)
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| Hersteller: | Forgotten Books (Freedmen, United States; Congress; Senat) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Report Accompany Bill S. &Gt, 1864 And yet it cannot be doubted that the withdrawal of this congressional support would contribute effectively to the abolition of Slavery; not that, at this present moment, this congressional support is of any considerable value, but because its withdrawal would be an encouragement to that universal public opinion which must soon sweep this Barbarism from our country. It is one of the felicities of our present position that, by repealing all acts for the restitution of slaves, we may hasten the happy day of freedom and of peace. Regarding this question in its association with the broader question of universal emancipation, we find that every sentiment, or reason, or argument for the latter pleads for the repeal of these obnoxious statutes, but that the difficulties which are supposed to beset emancipation do not touch the proposed repeal, so that we might well insist upon the latter, even if we hesitated with regard to the former. But the committee find a new motive to the recommendation which they now make, when they see how important its adoption must be in securing the extinction of Slavery. But it is not enough to consider the proposed measure in its relations to emancipation. Even if Congress be not ready to make an end of Slavery, it cannot hesitate to make an end of all fugitive slave acts. Against the latter there are cumulative arguments of constitutional law and of duty, beyond any which can be arrayed against Slavery itself. A man may even support Slavery and yet reject the fugitive slave acts. The Fugitive Clause In The Constitution. And The Rules For InterPretatioin. These acts profess to be founded upon certain words of the Constitution. on this account it is important to consider these words with a certain degree of care. They are as follow: "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. (Article Ia 2.)John Quincy Adams has already remarked that in this much debated clause the laws of grammar are violated in order to assert the claim of property in man, for the words no person are the noun with which the words shall be delivered up are the agreeing verb, and thus the grammatical interpretation actually forbids the rendition. It is on this jumble and muddle of words that a superstructure of wrong has been built. Even bad grammar may l)e disregarded, especially in behalf of human rights; but it is worthy of remark that, in this clause of the Constitution, an outrage on human rights was begun by an outrage on language. But, assuming chat this clause is not invalidated by its bad grammar, it is often insisted, and here the committee concur, that, according to the best rules of interpretation, it cannot be considered as applicable to fugitive slaves; since, whatever may have been the intention of its authors, no such words were employed as describe fugitive slaves at id nobody else. It is obvious that this clause, on its face, is applicable to apprentices, and it is known historically that under it apprentices have been delivered up on the claim of the party to whom their service or labor was due. It is, therefore, only by going behind its primary signification, and by supplying a secondary signification, that this clause can be considered as applicable to fugitive slaves. On any common occasion, not involving a question of human rights, such secondary signification might be supplied by intendment; but it cannot be supplied to limit or deny human rights, especially to defeat liberty, without a viola lion of fundamental rules which constitute the glory of the law.
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