Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: Non-Sequitur

>>Article I, Section IX. The importation of negroes of the African race from any foreign country other than the slaveholding States or territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or territory not belonging to, this Confederacy.<<

>>Article IV, Section III. The Confederate States may acquire new territory, and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States lying without the limits of the several States, and may permit them, at such times and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory the institution of negro slavery as it now exists in the Confederate States shall be recognized and protected by Congress and by the territorial government, and the inhabitants of the several Confederate States and territories shall have the right to take to such territory any slaves lawfully held by them in any of the States or Territories of the Confederate States.<<

Reading the CSA Constitution, I find these two parts are the only ones that mention slavery and all its combinations. Meanwhile, the US Constitution uses euphemisms regarding slavery: Article 1, Section 1 (”other persons”); Article 1, Section 9 (”importation of persons) and Article 4, Section 2 (”persons held for service or labor).

The CSA Constitution and the US Constitution seem to be pretty close to agreement. And don’t forget the SCOTUS upheld slavery (infamous Dred Scott decision).


152 posted on 06/26/2010 3:29:58 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
[ Post Reply | Private Reply | To 9 | View Replies ]


To: NTHockey
The CSA Constitution and the US Constitution seem to be pretty close to agreement.

Except that in article 1, section 9 of the confederate constitution it explicitly protects slave imports which the real Constitution does. And in article 4, section 3 it requires all states and territories to allow slavery, regardless of the wishes of the people living there. In the old Union, slavery had been a state issue. In the confederacy the central government mandated its legality. So no, there is no agreement between the confederate constitution and the real Constitution. Not even close.

And don’t forget the SCOTUS upheld slavery (infamous Dred Scott decision).

In the Dred Scott decision, Chief Justice Taney upheld the expansion of slavery and stripped the Congress of the powers granted it in Article IV, Section 3 "to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States..." Chief Justice Taney also stripped all blacks, both free and slave, of their U.S. citizenship.

There can be no doubt that had the rebellion not intervened, the Dred Scott decision would have been challenged on any number of points. But the most likely one is the fact that once Chief Justice Taney said that as a slave Scott had no right to take the case to the Supreme Court then the matter should have been dismissed right there. And all of Taney's other meanderings about slavery in the territories formed an obiter dictum and therefore were not binding. And don’t forget the SCOTUS upheld slavery (infamous Dred Scott decision).

165 posted on 06/26/2010 8:17:52 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 152 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson