Again: the institution of slavery is only mentioned in the Constitution of the United States two or three times, and in neither of these cases does the word “slavery” or “negro race” occur; but covert language is used each time, and for a purpose full of significance. What is the language in regard to the prohibition of the African slave-trade? It runs in about this way:
“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.”
The next allusion in the Constitution to the question of slavery and the black race is on the subject of the basis of representation, and there the language used is:
“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.”
It says “persons,” not slaves, not negroes; but this “three-fifths” can be applied to no other class among us than the negroes.
Lastly, in the provision for the reclamation of fugitive slaves, it is said:
“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.”
There again there is no mention of the word “negro” or of slavery. In all three of these places, being the only allusions to slavery in the instrument, covert language is used. Language is used not suggesting that slavery existed or that the black race were among us. And I understand the contemporaneous history of those times to be that covert language was used with a purpose, and that purpose was that in our Constitution, which it was hoped and is still hoped will endure forever,—when it should be read by intelligent and patriotic men, after the institution