the people, and before it was adopted by them?
To this question there certainly can be but one answer.--There is not
room for a doubt or an argument, on that point, in favor of slavery. The
instrument itself is palpably a free one throughout, in its language,
its principles, and all its provisions. As a legal instrument, there is
no trace of slavery in it. It not only does not sanction slavery, but it
does not even recognize its existence. More than this, it is palpably
and wholly incompatible with slavery. It is also the supreme law of the
land, in contempt of any state constitution or law that should attempt
to establish slavery.
Such was the character of the constitution when it was offered to the
people, and before it was adopted. And if such was its character then,
such is its character still. It cannot have been changed by all the
errors and perversions, intentional or unintentional, of which the
government may have since been guilty.
CHAPTER XI.
THE UNDERSTANDING OF THE PEOPLE.
Although the inquiry may be of no legal importance, it may nevertheless
be one pertinent to the subject, whether it be matter of _history_
even--to say nothing of legal proof--that the _people_ of the country
did really understand or believe that the constitution sanctioned
slavery? Those who make the assertion, are bound to prove it. The
presumption is against them. Where is their contrary history?
They will say that a part of the people were actually slaveholders, and
that it is unreasonable to suppose they would have agreed to the
constitution, if they had understood it to be a free one.
The answer to this argument is, that the actual slaveholders were few in
number compared with the whole people; comprising probably not more than
one-eighth or one-sixth of the voters, and one-fortieth or one-thirtieth
of the whole population. They were so few as to be manifestly incapable
of maintaining any separate political organization; or even of holding
their slave property, except under the sufferance, toleration and
protection of the non-slaveholders. They were compelled, therefore, to
agree to any political organization, which the non-slaveholders should
determine on. This was at that time the case even in the strongest of
the slaveholding states themselves. In all of them, without exception,
the slaveholders were either obliged to live, or from choice did live,
under free constitutions. They, of course, held their slave
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