(07-23-2015 10:42 AM)mturn017 Wrote: No, but nobody in this country can own somebody else. I mean we're talking about slavery here.
That wasn't the case in the US in 1860, and wasn't the case in most of the world not too long before then. This is precisely why you can't put 2015 sensibilities on 1860's issues. In 2115, we probably can't imagine a fight over internal combustion engines.
(07-23-2015 12:10 PM)jph12 Wrote: Importation of slaves from Africa was banned in the United States in 1808. There's nothing really noble about it--it helps prop up the value of the existing slave stock.
Who said it was noble? Is that what you said about it when the US did it? That they were only propping up the existing stock?
Quote:And the CAS Constitution said a lot more about slavery than that. [Brackets are deletions from the Federal Constitution, but the italics showing additions didn't transfer.]
[quote]
Representatives and direct Taxes shall be apportioned among the several States which may be included within this [Union] Confederacy, 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] slaves.
whom do you think the Constitution meant by 'other persons'?. better asked, how were slaves treated in 1790 in the US?
Quote:[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.] 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.
This looks a lot like the various bills passed in the US with regard to the same issue. The act of 1807, the 1794 laws....
Here is the question... Why did these states join AFTER these laws were passed, only to secede later? It seems patently obvious that they were perfectly fine with the rules as they were, and they are essentially reflected in the single document of the CSA.
I find it intellectually ludicrous that so many of you all point out what is in the CSA documents, and ignore that while they may not be in the documents of similar names w/r/t the establishment of the USA, that almost identical laws existed in the USA.
Quote:The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law, or law denying or impairing the right of property in negro slaves, shall be passed.
So slaves were never bought and sold as property in the USA?
Quote:The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in such slaves shall not be impaired.
Looks like every other property right in the country. I understand we know better today, but to act as if slaves weren't treated as property in the US at the time is just silly.
Quote:No slave or Person held to Service or Labour in [one State] any State or Territory of the Confederate Slates under the Laws thereof, escaping or unlawfully carried into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such slave belongs, or to whom such Service or Labour may be due.
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.
So the Confederacy, that supposed great defender of state's rights, included provisions in its Constitution banning states from passing laws outlawing slavery. In its own Constitution, state's rights yielded to slavery.
That's a nice attempt at spin, but that isn't what this says. This essentially says that you don't lose your 'property' simply because you take it (or it takes itself) across state lines. Gays recently pointed out the 'full faith and credit' clause in the US Constitution, and things like that would apply here. The laws of one state must be respected by the others. If you are free in one state, you aren't a slave in another... and vice versa.
Quote:I am heartened to see they were forced to alter the text to explicitly refer to slavery instead of maintaining the original Constitution. That could suggest the power of the constitutional abolitionist arguments. Or it could just suggest that they were really, really proud of slavery.
yawn... I suspect if we wrote a new constitution in 1920, it would have said 'all men and women' are created equal rather than just re-write 'all men' and have people 'trust' that they meant women as well... and if we'd written it in 1965, it would have probably said 'all people'. in 2065, maybe it would say 'all humans' and 2165, perhaps 'all earthlings'. In 1865, the issue was the 'status' of slaves.
The 1700's documents also frequently reference 'the crown' and 'England', which wasn't as much of an issue in 1865.
(07-23-2015 12:15 PM)john01992 Wrote: The CSA banning the slave trade meaning something is revisionist history. The US (and most of Europe) banned it by 1808 and we only waited that long because their was a clause in the constitution that prevented us from doing it for 20 years. Congress banned it the first year they had the authority to do so. The CSA having a ban in their constitution was nothing special nor a signal that they were against slavery. Had they not included that line then European navies would be targeting their ships.
How is that revisionist history? All you're saying is that they were being practical, continuing what the US had done.
It seems the one engaging in revisionist history is the one projecting what European navies would have done. Maybe that was why the US did it 'as soon as they could' as well.
I kinda doubt it though.... 'policing' the high seas in 1860 wasn't an easy thing to do. We can't even reliably police land borders for similar human trafficking in 2015. They might have targeted harbors in Africa, but they couldn't target the receiving ports.
Don't any of you claim I'm arguing that they were 'right' or anything like that. I'm merely putting the proper perspective on it.
If we can't stop millions of illegal aliens from crossing a land border in 2015, it's ludicrous to claim that 'Europe' would have been able to stop ships crossing the open seas in 1865 to such a degree that a country intent on having slaves would have written it into their Constitution that they couldn't import them.
The honest answer is probably more like while the south needed the slaves for the cotton to sell to places like Europe, Europe wanted, but didn't need the cotton. This was a reasonable compromise.