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CHAPTER XIII.

EXTRACTS FROM PROCEEDINGS OF CONGRESS ON THE ADOPTION OF THE AMENDMENTS.

THE following extracts were taken from the Massachusetts Centinel, published in 1789 and 1790. They comprise some observations made by Washington on his accession to the presidency, the views of the Constitution held by some of the courts, and the proceedings of congress on the subject of the amendments.

It will be perceived the judges of the courts of New York and Pennsylvania referred directly to the preamble of the Constitution as the basis on which the government was to be founded, and they refer to it as with jealous care; and one of them reminds the distinguished man who was to take charge of the government that such was the view they should take of the purpose for which the new Constitution was formed.

Washington acknowledges the principle, and says "he should feel himself singularly happy in contributing to realize the glorious work." And yet how has that "glorious work" been realized? Has justice, the general welfare, the liberty of themselves, or their posterity, been realized? or is

there not at this present time as many, if not more, absolute slaves in the country than there were freemen then? Instead of slavery being considered a curse, as it should be, the attempt. has been made to make us believe it was a bles

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sing, a god, to which all must bow down, or else be crushed beneath the wheels of the avenging deity. Can any man expect or dare hope for an office, of either trust or emolument, under our government, without first acknowledging the supremacy of this inexorable god? Must they not cringe and kiss his toe before they can be taken into favor? and then, forsooth, when this is done, they may be very devils, and they are changed into angels of light, deserving the highest consideration and the rewards of the highest honesty and intellect; or, at least, they must openly and publicly denounce all those who call his authority in question, and consider them as outcasts of society, whom to insult and treat with contumely is but giving them their just deserts. Such is the "glorious results" to which our free Constitution has brought us, or it is endeavored to bring us.

But, to return to the proceedings of congress on the amendments, it will be perceived Mr. Madison introduced, probably not without consultation, a series of resolutions for their consideration. It will be borne in mind Mr. Madison was a Virginian, and was a member of the convention of Virginia which adopted the Constitution and recom

Mr. George McDuffie's Message to the legislature of South Carolina.

mended the amendments that have been quoted in a former part of this work, as a part of the proceedings of that convention, and that, in the resolutions he now offers for the consideration of congress, he dares not, or, from his own sense of justice, he will not, introduce the word "freeman," in contradistinction to any other class of men, in any one of the amendments he introduces for their consideration; and, although we have not been able to get a report of all the speeches made on these amendments, yet, in those we have seen, there is not a word in favor of making any distinction among the various classes of men in the country, for whose "general welfare" the government was established." In this instance it cannot be said that the word "freeman " was overlooked or forgotten. Two States, to say nothing of South Carolina and Georgia, had brought forward their claim to have it incorporated in the Constitution; but, when brought before the representatives of the people, it received no countenance. They were well aware of the damning disgrace it would bring upon their deliberations, and they cast it out as evil; or, whatever may have been their considerations, this word appears not on the record; and, by its not appearing there, when so directly suggested to the minds of the delegates in congress by the States above mentioned, together with the counter resolutions made by Massachusetts, and made, too, as was said in the convention of Massachusetts, for the very purpose of having an effect upon the individual in

slavery, and while the latter resolutions were in spirit adopted, and by adopting the principles of the others with this word "freeman" stricken out, thereby making the principles embodied in each of them to have a universal extension,

we cannot but come to the conclusion that the American people did not mean to have that system continued; but, on the contrary, they prepared the way for its entire extinction.

In order, therefore, to throw all the light in our power on this subject, we have concluded to copy the whole of the amendments that were introduced before congress, as reported in the Massachusetts Centinel of 1789-90, and also as they were passed by that body. We do it because we think them allimportant to a candid decision of the several points under consideration; and, if we find this word "freeman," in contradistinction to other classes of persons, not made use of, or even not entertained, by the representatives of the people, we think our points are proved; for the introduction of it in the amendments proposed by Virginia and North Carolina shows what they thought would be the effect of the Constitution and of their amendments without this word. We therefore think it not only fair, but right, to suppose, if it is not used, the States that are in the Union fully acknowledged the principles contained in these amendments, and that they are of universal obligation; and we cannot but suppose our Supreme Court would thus decide; and, as a consequence, slavery would be

no more;

and the colored man will see the door

opened by which he can enter the temple of freedom; the only word we can here say to him is, let him be careful, when he has entered, how he deports himself in it.

Mr. Madison, after previous notice, introduced to the house of representatives (June 12, 1789) the following resolutions, for the consideration of the house, to be adopted as amendments to the Constitution:

"Resolved, That the following amendments ought to be proposed by congress to the legislatures of the States, to become, if ratified by three fourths thereof, part of the Constitution of the United States:

"First, that there be prefixed to the Constitution a declaration that all power is originally vested in, and consequently derived from, the people;

"That government is instituted, and ought to be exercised, for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety;

"That the people have an indubitable, inalienable, and indefeasible right to reform or change their government, whenever it is found adverse or inadequate to the purposes of its institution.

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"Secondly, that, in article 1, section 2, clause three, these words shall be struck out, to wit: The number of representatives shall not exceed thirty thousand,' &c.; [this amendment relating simply to the number of representatives.]

"Thirdly, that, in article 1, section 6, clause one, there be added to the end of the first sentence these words, to wit: But no law, varying the compensation last ascer

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