ng a law to prevent the African
slave trade for twenty years; and therefore they say the Constitution
recognizes slaves as property."
I should think that was a pretty fair recognition of it. On this point
the gentleman declares:
"Will not anybody see that this constitutional provision, if it works
one way, must work the other? If, by allowing the slave trade for twenty
years, we recognize slaves as property, when we say that at the end of
twenty years we will cease to allow it, or may cease to do so, is not
that denying them to be property after that period elapses?"
That is the argument. Nothing but my respect for the logical intellect
of the Senator from Maine could make me treat this argument as serious,
and nothing but having heard it myself would make me believe that he
ever uttered it. What, sir! The Constitution of our country says to the
South, "you shall count as the basis of your representation five slaves
as being three white men; you may be protected in the natural increase
of your slaves; nay, more, as a matter of compromise you may increase
their number if you choose, for twenty years, by importation; when these
twenty years are out, you shall stop." The Supreme Court of the United
States says, "well; is not this a recognition of slavery, of property
in slaves?" "Oh, no," says the gentleman, "the rule must work both
ways; there is a converse to the proposition." Now, sir, to an
ordinary, uninstructed intellect, it would seem that the converse of the
proposition was simply that at the end of twenty years you should not
any longer increase your numbers by importation; but the gentleman says
the converse of the proposition is that at the end of the twenty years,
after you have, under the guarantee of the Constitution, been adding by
importation to the previous number of your slaves, then all those that
you had before, and all those that, under that Constitution, you have
imported, cease to be recognized as property by the Constitution, and
on this proposition he assails the Supreme Court of the United States--a
proposition which he says will occur to anybody.
Mr. Fessenden. Will the Senator allow me?
Mr. Benjamin. I should be very glad to enter into this debate now, but I
fear it is so late that I shall not be able to get through to-day.
Mr. Fessenden. I suppose it is of no consequence.
Mr. Benjamin. What says the Senator from Vermont (Mr. Collamer), who
also went into this examination somewhat
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