Now in all these cases, that sterling quality, common sense, is to be brought into requisition. When I promise to carry my friend to ride to-morrow, unforeseen accidents are of course considered as an excuse for the non-fulfilment of my promise; but Mr. Lysander Spooner, in behalf of my friend, might enter an action in law against me; for there are my words in writing, "I will take you to ride to-morrow;" but common sense would excuse me, if my horse should be sick, or my carriage be stolen. Mr. Spooner argues like an earnest man, to prove that these expressions do not mean Slaves, because they cannot be proved to have reference to such a class, by the exact meaning of the words. "The word free is not the correlative of Slavery; for a variety of reasons," he says. He thinks "all persons" mean aliens. Now, what an absurdity. Who ever heard of three-fifths of the aliens in each State being added to the naturalized citizens in making out the apportionment of representatives? How many representatives have seats in Congress, in consequence of aliens residing in their districts? Not one, and yet twenty-five men are seated there, in consequence of Slaves residing in their districts. It is a burning shame for a man to prostitute such noble powers of thought as Mr. Spooner possesses, to such a silly and contemptible mode of reasoning. Why, if his arguments are correct, all poetry and figures of speech are wrong; all metaphorical language, and personifications in writing are out of place; and nothing is left us but plain, straight forward words, which have a precise meaning, and can mean nothing else. If I say "the wind blows," I lie, for wind is an action of something else, and, of course, it is absurd to talk of its blowing. If I say "I am in pain," it is not true, for the pain is in me; and if I talk of God's moving the world by his arm, it is false, for he has no arm. If I say "the giant of Slavery stalks abroad, over our land," it is false, for there is no such moving thing as Slavery, for Slavery is merely the term applied to a particular act of a man; but who accuses me of falsehood in speaking of these things? To put the strictest literal construction upon every word of the Constitution, would involve us in some of J. C. Calhoun's criticisms, such as men not being born, and not being born equal, &c.
Let us follow Mr. Spooner's idea a little, in relation to free persons, meaning naturalized citizens. Mr. Spooner says that all the State Constitutions, at the time of the adoption of the U. S. Constitution, used this word in no other sense than the one signified in the English law, and of course that the U. S. Constitution used the word in that sense only. This argument, if it proves anything, proves too much; and we apprehend will operate fully as much against Mr. S.'s idea, as in favor of it. According to this law, the word free, Mr. S. assures us, means "persons possessing citizenship, or some other franchise or peculiar privilege, as distinguished from aliens, and persons not possessed of such franchise or privilege." Then the word free in this instance, must mean only the opposite of aliens. Aliens are those not entitled to vote, or to hold office. These are, I believe, the only privileges which they are debarred from. Then as the word free, means those possessing the privileges which aliens do not possess, it cannot mean either women or children, for they do not possess either of these privileges.
Thus, according to this definition, free persons are only voters and apprentices, and "all other persons," are foreigners not naturalized, and women and children. But Slaves do not possess, and never have possessed these "peculiar privileges," always having been debarred from the right of voting and holding office, and surely cannot rank as the opposites of aliens, any more than women and children, and therefore come under the head of "all other persons." If free persons are the opposite of aliens, and aliens are those deprived of peculiar privileges, then none can be free persons who do not possess these privileges. But Slaves never have been known to possess them, therefore they cannot be free persons. Free persons, Mr. Spooner says, are those possessing some franchise or privilege which aliens do not. Now, in the name of common sense, we ask what privileges have Slaves ever possessed, which aliens do not? Let their scarred backs, gaping wounds, and broken limbs answer. Slaves possessing privileges! and yet this is the definition Mr. Spooner chooses to give to the word free: "Persons possessing citizenship, or some other franchise or privilege, not possessed by aliens."
But a few words from the original adopters of the Constitution will settle this whole difficulty. Says Alexander Hamilton in the New York convention:
"The first thing objected to, is that clause which allows a representation for three-fifths of the negroes. * * Without this indulgence no union could possibly have been formed."
In Virginia, Mr. Madison said:
"Another clause secures to us that property which we now possess. At present, if any Slave elopes to any of those States where Slaves are free, he becomes emancipated by their laws. For the laws of the States are uncharitable to one another in this respect. But in this Constitution, 'no person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service, or labor; but shall be delivered up on claim of the party to whom such service or labor may be due.' This clause was expressly inserted to enable owners of Slaves to reclaim them. This is a better security than any that now exists."
Gen. Pinkney in the South Carolina convention, observed:
"We have obtained a right to recover our Slaves in whatever part of America they may take refuge, which is a right we had not before."