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of the grounds was that the instrument took from the several States the sole right of direct taxation, which was the highest act of sovereignty.

What would Henry and Grayson now think of a decision of the Supreme Court which relegates to the several States this "highest act of sovereignty" more than a century after their eloquent opposition?

The truth is the general government is weakened in proportion to the number of States, because the enumerated powers are small compared with the reserved powers of the several States; and, further, the distribution of powers is the dif fusion of powers, and diffusion is not a tonic, but a relaxant, in politics as in medicine.

Men love and protect weakness, not inherent strength. So long as the United States are the agent of the States and the people they will endure by common consent. When they become despotic they will share the fate of all tyrants.

Elsewhere it is shown how the war amendments destroyed the enumeration which was intended to preserve representation by equal apportionment of taxation. The Fourteenth Amendment is fatal to direct taxation as set forth in Article I.

Article XII. readjusts the duties of electors, and so amends Article II., section 3, of the unamended Constitution as to prevent a repetition

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of the Jefferson-Burr contention, and prescribes that the Vice-President must have the same constitutional eligibility as the President. This important addition was omitted by the framers.

The amended article did not prevent the formation of an electoral commission outside of it, and which disfranchised Louisiana and Florida, and "counted in" Rutherford B. Hayes as President.

Where is "slavery" first mentioned?

For the first time the word slavery occurs in the Thirteenth Amendment to the Constitution. The future historian who reads the orations and debates on "slavery" in and out of Congress will be amazed to find the words "held to service or labor "the passionless language of Article IV., section 3, of the Constitution signed by Washington. These are the words of the framers : 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."

If the exact words of the Constitution had been used, instead of being suppressed by public speakers, a million and more of valuable lives and billions of treasure might have been spared by

gradual and peaceful emancipation. A word not in the Constitution fired the blood and exploded the shell. That word was "slavery."

What is the brief history of persons held to service or labor?

In the convention, antagonisms arose between the Northern States, which were commercial and manufacturing, and the Southern States, which were agricultural. The question arose, touching representation in the House of Representatives and taxation, Shall persons bound to service be counted? Again, Shall the trade in Africans on the western coast of Africa be continued?

Was a compromise effected?

Yes. Article I., section 3, says: ["Representatives and direct taxes shall be apportioned. among the several States which may be included. within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons."] This apportionment gave the Northern States a majority of five in the first House of Representatives. The second section of the Fourteenth Amendment repealed it by

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ordering a representative apportionment to include the "whole number of persons in each State, excluding Indians not taxed." As there can now be no enumeration, there can be no constitutional levy of a direct tax. The Fifteenth Amendment was intended to repeal more fully the words in brackets.

What of the importation of Africans?

Virginia and the Middle States opposed further importation; New England and three Southern States united to continue it until 1808, twenty years thereafter. These Southern States wanted more sable laborers; New England ships were engaged in bringing them at a great profit.

The Southern States were threatened with taxation of exports, which would ruin them as agricultural commonwealths. Compromise: Exports would not be taxed if commerce was to be regulated by a majority vote, and the importation of Africans was guaranteed. The coveted exchange was given in these words in section 9 of Article I.: "No tax or duty shall be laid on articles exported from any State." The other concession was made in these explicit words, also in section 9 of the same article: "The migration or importation of such persons as any of the States now existing shall think proper to admit shall not

be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person." In Article V., relating to amendments, the foregoing concession is expressly excepted from amendment.

"Slave trade" is not used by the framers. They carefully avoided the ethnological name "negro." Had the convention at once put an end to the further importation of negroes, the clause ordering the rendition of "persons held to service or labor" would not have been adopted as a part of the compromise, and no Dred Scott and other similar excitements opened the way to disastrous war.

It is a noteworthy fact that in the beginning of the present century New England had two hundred and two vessels engaged in the slave trade, fifty-nine of which belonged to Rhode Island. One of the grandee slavers was Colonel Malbone of Newport; Captain John Hoar of Massachusetts was also conspicuous as a successful slaver.

What would be an act of justice to the negroes? The United States, having by constitutional authority authorized the continuance of the slave trade for twenty years, should furnish transportation to Liberia, the Congo Free State, or other

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