e, "Mr. Butler and Mr. Pickney moved to
require 'fugitive slaves and servants to be delivered up like
criminals.'" Mr. Sherman objected to delivering up either slaves or
servants. He said he "saw no more propriety in the public seizing and
surrendering a slave or servant, than a horse."--_Madison Papers, p.
1447-8._
The language finally adopted shows that they at last agreed to deliver
up "_servants_," but _not "slaves"_--for as the word "servant" does not
mean "slave," the word "service" does not mean slavery.
These remarks in the convention are quoted, not because the intentions
of the convention are of the least legal consequence whatever; but to
rebut the silly arguments of those who pretend that the convention, and
not the people, adopted the constitution--and that the convention did
not understand the legal difference between the word "servant" and
"slave," and therefore used the word "service," in this clause, as
meaning slavery.]
[Footnote 21: Gibbons _vs._ Ogden.--(9 Wheaton, 1.)]
[Footnote 22: "The government (of the U.S.) proceeds directly from the
people; is 'ordained and established' in the name of the
people."--_M'Culloch_ vs. _Maryland_, 4 _Wheaton_, 403.
"The government of the Union is emphatically and truly, a government of
the people; and in form and in substance it emanates from them. Its
powers are granted by them, and are to be exercised directly on them,
and for their benefit."--_Same_, pages 404, 405.
"The constitution of the United States was ordained and established, not
by the United States in their sovereign capacities, but emphatically, as
the preamble of the constitution declares, by 'the people of the United
States.'"--_Martin_ vs. _Hunter's lessee_, 1 _Wheaton_, 324.]
[Footnote 23: That is, male persons. The constitution, whenever it uses
the pronoun, in speaking of the president, uniformly uses the masculine
gender--from which it may be inferred that male persons only were
intended to be made eligible to the office.]
[Footnote 24: Somerset was not a citizen of England, or entitled, as
such, to the protection of the English law. The privilege of the writ of
_habeas corpus_ was granted to him on the ground simply of his being a
man.]
[Footnote 25: From whom come these objections to the "propriety" of the
general government's interfering to maintain republicanism in the
states? Do they not come from those who have ever hitherto claimed that
the general government was boun
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