person, be he black, white, or gray, is, by our Constitution, under its protection; "he has a right to be secure from all unreasonable searches and seizures," &c. If so, we would ask, what is more unreasonable than to seize and make a slave of a man who has committed no crime against the individual who seizes him, or against society at large? We know of nothing.

What say the people of Virginia to the right of publishing one's sentiments now? let her votes in congress on the subject of petitions answer. Does she in this thing maintain her ancient honorable standing, even in words, where the free citizen is concerned? We are under the painful necessity of saying she does not.

CHAPTER X.

EXTRACTS FROM THE

PROCEEDINGS IN THE CON

VENTION OF NORTH CAROLINA.

THE Convention in this State spent much time in the discussion of the power of impeachments. They appeared to think it was a matter of considerable importance; and the report of their discussion is very full. But, as this subject contains nothing that immediately applies to the subject under consideration, it may be proper only to allude to it, as a matter of information to those who may wish to know the fact. It may also be well to say there were a number in this convention who wanted to act on the proposed Constitution as a whole; and, as far as we could judge from the debates, it was among those who wanted to reject it because it did not favor their views on the subject of slavery; though the reasons why they opposed are not clearly stated. But their counsels did not prevail, and the advantages and disadvantages of the proposed form of government were generally discussed.

The following quotations comprise nearly all that was reported to have been said on the several subjects under discussion, together with such other observations as were thought to throw light on the several points at issue.

Mr. Davie, in answer to Mr. Goudy, who said he did not wish to be represented with negroes," especially if it increased his burdens, said,

"The gentleman does not wish to be represented with negroes. This, sir, is an unhappy species of population; but we cannot at present alter their situation. The Eastern States had great jealousies on this subject. They insisted that their cows and horses were equally entitled to representation; that the one was property as well as the other. It became our duty, on the other hand, to acquire as much weight as possible in the legislature of the Union; and, as the Northern States were more populous in whites, this only could be done by insisting that a certain proportion of our slaves should make a part of the computed population; but, on consideration, it was found impracticable to determine the comparative value of lands and other property, in so extensive a territory, with any degree of accuracy; and population alone was adopted as the only practicable rule or criterion of representation. It was urged by the deputies of the Eastern States, that a representation of two fifths would be of little utility, and that their entire representation would be unequal and burdensome; that, in a time of war, slaves rendered a country more vulnerable, whilst its defence. devolved upon its free inhabitants. On the other hand, we insisted that, in a time of peace, they contributed, by their labor, to the general wealth, as well as other members of the community; that, as rational beings, they have a right to representation, and, in some instances, might be highly useful in war. On these principles, the Eastern States gave the matter up, and consented to the regulation as it has been read. I hope these reasons will appear satisfactory. It is the same rule or principle. which was proposed some years ago by congress, and

assented to by twelve of the States. It may wound the delicacy of the gentleman from Guildford, [Mr. Goudy,] but I hope he will endeavor to accommodate his feelings to the interest and circumstances of his country."1

Mark the language of this gentleman; that it was on the principle the South acknowledged the negroes were rational beings that the North consented to let them be represented, and not before; and just so far as they were taxed, just so far were they allowed to vote: three fifths were to have votes, and three fifths were to be taxed; or, what amounted to the same thing in practice, each man was called three fifths of a man. But is this "rational being" represented in our national councils? Is he who, they have allowed, in a time of peace, contributed to the general wealth, cared for? is his interest looked after? Is he who has been toiling the fifty-three years since this Constitution has been adopted, to add to our wealth, had any one from the South come forward, before the councils of our nation, to ask for him a little respite from his toils, or to consider him, in the least degree, for all the labor he has performed? Can we look for no gratitude for such a length of service, or "is there no flesh in man's obdurate heart," and does he not yet "feel for man?" Are the words of the poet ever to remain true? and are governments and courts of law, like corporations, ever to be without souls? Is man never to receive justice from their hands, when avarice bids them nay? We wait, with anxious solicitude, for the reply.

'Elliot's Reports, vol. iii. p. 41.

Mr. Spencer, in speaking of taxation, said,

"I am sensible that laws operating on individuals cannot be carried on against States, because, if they do not comply with the general laws of the Union, there is no way to compel a compliance but by force."1

Here is an instance where Mr. Spencer says, directly, that congress had to do with the individual instead of the States; in fact, our revenue laws bear directly upon the people, and the States, as States, have nothing to do with them: the power of taxation for the support of the general government is wholly confided to the people, and not to the States; and, consequently, as was intimated in many of the speeches made on the occasion, it was supposed that congress would lay such a tax on the slave as would compel emancipation; and the only way they thought they could escape was, the taxes would be in proportion to the representatives, and therefore could not be so increased as to compel emancipation. We, on the whole, incline to think it would have done it, if direct taxes had been laid for the support of the general government as was at first proposed.

2

"Gov. Johnston observed that a member says that it

Elliot's Reports, vol. iii. p. 78.

* In this same speech, speaking of paper money, for the moment it gave great relief. "It assisted in prosecuting a bloody war. It

is destructive in the end; it was struck, in the last instance, for the purpose of paying the officers and soldiers. The motive was laudable. I then thought, and still do, that these gentlemen [speaking of the officers of the army] might have had more advantage by not receiving that kind of payment. It would have been better for them, and for the country, had it not been emitted. We have in