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Mr. Madison thought it wrong to admit in the Constitution the idea that there could be property in men. The reason of duties did not hold, as slaves are not, like merchandise, consumed.

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It was finally agreed, nem. con., to make the clause read— "But a tax or duty may be imposed on such importation, not exceeding ten dollars for each PERSON.”—Madison Papers, Aug. 25, 1787.

NOTE 35.-Compare this noble passage and that at page 18, with the twaddle of Mr. Orr (note 30), and the slang of Mr. Douglas (note 37).

NOTE 36-That demand has since been made. Says MR. O'CONOR, counsel for the State of Virginia in the Lemon Case, page 44: "We claim that under these various provisions of the Federal Constitution, a citizen of Virginia has an immunity against the operation of any law which the State of New York can enact, whilst he is a stranger and wayfarer, or whilst passing through our territory; and that he has absolute protection for all his domestic rights, and for all his rights of property, which under the laws of the United States, and the laws of his own State, he was entitled to, whilst in his own State. We claim this, and neither more NOR LESS."

Throughout the whole of that case, in which the right to pass through New York with slaves at the pleasure of the slave owners is maintained, it is nowhere contended that the statute is contrary to the Constitution of New York; but that the statute and the Constitution of the State are both contrary to the Constitution of the United States.

The State of Virginia, not content with the decision of our own courts upon the right claimed by them, is now engaged in carrying this, the Lemon case, to the Supreme Court of the United States, hoping by a decision there, in accordance with the intimations in the Dred Scott case, to overthrow the Constitution of New York.

Senator Toombs, of Georgia, has claimed, in the Senate, that laws of Connecticut, Maine, Massachusetts, Michigan, New Hampshire, Ohio, Rhode Island, Vermont, and Wisconsin,

for the exclusion of slavery, conceded to be warranted by the State Constitutions, are contrary to the Constitution of the United States, and has asked for the enactment of laws by the General Government which shall override the laws of those States and the Constitutions which authorize them.

NOTE 37-"Policy, humanity, and Christianity, alike forbid the extension of the evils of free society to new people and coming generations."-Richmond Enquirer, Jan. 22, 1856.

"I am satisfied that the mind of the South has undergone a change to this great extent, that it is now the almost universal belief in the South, not only that the condition of African slavery in their midst, is the best condition to which the African race has ever been subjected, but that it has the effect of ennobling both races, the white and the black."-Senator Mason, of Virginia.

"I declare again, as I did in reply to the Senator from Wisconsin (Mr. Doolittle), that, in my opinion, slavery is a great moral, social, and political blessing-a blessing to the slave, and a blessing to the master."—Mr. Brown, in the Senate, March 6, 1860.

“I am a Southern States' Rights man; I am an African slave-trader. I am one of those Southern men who believe that slavery is right-morally, religiously, socially, and politically." (Applause.) "I represent the African Slave-trade interests of that section. (Applause.) I am proud of the position I occupy in that respect. I believe the African Slave-trader is a true missionary and a true Christian." (Applause.)—Mr. Gaulden, a delegate from First Congressional District of Georgia, in the Charleston Convention, now a supporter of Mr. Douglas.

"Ladies and gentlemen, I would gladly speak again, but you see from the tones of my voice that I am unable to. This has been a happy, a glorious day. I shall never forget it. There is a charm about this beautiful day, about this sea air, and especially about that peculiar institution of yours-a clain bake. I think you have the advantage, in that respect, of Southerners. For my own part, I have much more fondness for your clams than I have for their niggers. But every man to his taste."—Hon.

Stephen A. Douglas's Address at Rocky Point, R. I., Aug. 2, 1860.

NOTE 38.-It is interesting to observe how two profoundly logical minds, though holding extreme, opposite views, have deduced this common conclusion. Says Mr. O'Conor, the eminent leader of the New York Bar, and the counsel for the State of Virginia in the Lemon case, in his speech at Cooper Institute, December 19th, 1859:

"That is the point to which this great argument must come Is negro slavery unjust? If it is unjust, it violates that first rule of human conduct-'Render to every man his due.' If it is unjust, it violates the law of God which says, 'Love thy neighbor as thyself,' for that requires that we should perpetrate no injustice. Gentlemen, if it could be maintained that negro slavery was unjust, perhaps I might be prepared-perhaps we all ought to be preparedto go with that distinguished man to whom allusion is frequently made, and say, 'There is a higher law which compels us to trample beneath our feet the Constitution established by our fathers, with all the blessings it secures to their children.' But I insist-and that is the argument which we must meet, and on which we must come to a conclusion that shall govern our actions in the future selec⚫ tion of representatives in the Congress of the United StatesI insist that negro slavery is not unjust."

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INDEX

Butler, Benjamin F., 103, 120

Andersonville, responsibility

for, 190

Andrew, John A., 105
Antietam, battle of, 115
Appomattox, the surrender
at, 177 ff.

Atlanta, capture of, 151

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Cabinet, cabals in the, 160
Cedar Creek, the battle of,
150 ff.

Chancellorsville, battle of,

129

Charleston, evacuation of,
169
Chase, Salmon P., and the
Presidential election of

1864, 154; resignation of,
154; appointed chief jus-
tice, 155; efforts of, for the
Presidency, 157; difficulties
with, in the Cabinet, 161
Chickamauga, battle of, 136
Clay, Cassius M., 223

Congress and slavery in the
Territories, 246 ff.
Constitution, the 13th amend-
ment to, 163 ff.; defined by
Lincoln, 236 ff.; and prop-
erty in slaves, 260 ff.
"Crocker, Master," 113
Curtin, Gov. A. G., 105
Curtis, Gen. S. R., 108

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