On This Day in History: September 27, 

2019May God Bless and Save the United States of America – Our Constitutional Republic !

Federalist Papers 2020 #6B On Article V and Slavery

It is the year of our Lord Twenty Twenty and of the United States of America the Two Hundred Forty-four. The majority of our citizenry lives in some degree of affluency when compared to the rest of the world, yet at this time, We the People have seemingly lost our way. Where are the fervor and zeal of our Founding Fathers and those of our patriotic ancestors who established our Constitutional Republic as a bastion of Liberty? There must be some cause, some good reason, why our Founding Fathers and our patriotic ancestors were so eager for Liberty then, and now We the People are eager for the servitude (slavery) of Socialism. Therefore, I have determined to lay aside my Quill Pen and take Keyboard in hand to once again write in defense of our divinely inspired Constitution.

We the People need to reflect and consider now on Article V. Amendments, which reads in part: “. . . Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; . . .”

Much has been said, pro and con, about Nikole Hannah-Jones’ 1619 Project launched in the New York Times Magazine in 2019. It is her premise that August 2019 marked the 400th anniversary of slavery in America. The difficulty is the United States of America did not exist in 1619 nor did the arrival of some twenty plus slaves in the British Colony of Virginia mark the first time slaves arrived on the Western Hemisphere. Slavery was introduce some 93 years earlier by the Spanish in the region of present day South Carolina.

Prior to July 4, 1776 the United States of America was not envisioned. The thirteen colonies were separate individual colonies each part of the British Empire and subject to its laws. After the Declaration and prior to the 1787 Constitutional Convention, the self-proclaimed northern States began to adopted abolitionist policies: Pennsylvania in 1780, New Hampshire and Massachusetts in 1783, and Connecticut and Rhode Island in 1784. In addition to these, the Republic of Vermont had limited slavery in 1777.

According to the Constitutional Rights Foundation, “The first U.S. national government began under the Articles of Confederation, adopted in 1781. This document said nothing about slavery. It left the power to regulate slavery, as well as most powers, to the individual states. After their experience with the British, the colonists distrusted a strong central government. The new national government consisted solely of a Congress in which each state had one vote.”

Our Founding Fathers, in order to keep the southern States in the Union, had to agree to the following compromise in our Constitution:

Article I. Section 2. ... Representatives and direct Taxes shall be apportioned among the several States which may be included within the 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.

Article I. Section 9. 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.

These two statements were to produce the only serious challenge to our Constitutional Republic during the nineteenth century. The issues, of course, where secession and slavery. The Congress, in accordance with Section 9, prohibited by law all further importation of slaves effective January 1, 1808.

Five years previously to this, President Thomas Jefferson in order to protect the United States’ interest in the port of New Orleans, acquired the Louisiana Purchase from Emperor Napoleon Bonaparte for $15M. This nearly doubled the area of “claimed” territory of the United States. It also presented to the Congress a managerial nightmare and internal power struggle.

Article IV. Section 3. States:

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be construed as to Prejudice any Claims of the United States, or of any particular State.

The southern states saw slavery as an economic issue. They needed the slaves to work the plantations and wanted to maintain a balance between slave and free states admitted to the Union as the nation expanded westward. The northern States saw slavery as involuntary servitude and against the unalienable Rights of man. They continued to maintain that slavery was repugnant to free men and that all new states admitted to the Union should be free of slavery.

The Missouri Compromise of 1820 was an effort to maintain the balance of power in the Congress. Maine was admitted as a “free” state and Missouri was admitted as a “slave” state. Another provision of the Compromise was that slavery would be banned, with the exception of Missouri, north of parallel 36̊30′ north. This provision was effectively repealed with the Kansas-Nebraska Act of 1854 which gave the territories control over the slavery issue.

For seventy years our Constitutional Republic was held together through legislative compromise, but the slavery issue created a “house divided against itself.” When the balance between “free” States and “slave” States became forever unbalanced in 1861, nineteen to fifteen respectively, freedom and independence would once again be tested. We fought our Second Civil War, the War Between the States, from 1861-1865, to preserve our Constitutional Republic. This was a fight so “That government of the people, by the people and for the people shall not perish from the earth.” That freedom might be the legacy of ALL Americans.

To secure the rights granted by President Lincoln’s Emancipation Proclamation, a war time executive order, three new constitutional amendments were ratified to codify the proclamation. On December 6, 1865, Amendment XIII was ratified abolishing slavery within the United States. On July 9, 1868, Amendment XIV was ratified granting United States citizenship to the emancipated slaves and citizenship within their respective States. It also removed the three fifth apportionment for determining the number of representatives, and prohibited any claim for losses incurred by reason of emancipation of the slaves. On February 3, 1870, Amendment XV was ratified granting the right to vote to ALL citizens of the United States regardless of “race, color, or previous condition of servitude.”

With the defeat of the Confederacy and these three amendments, slavery within our Constitutional Republic was to have passed into history. In fact, from the end of Reconstruction until 1965, the southern states enacted many state laws to unconstitutionally circumvent the intent of these three amendments. Collectively these became know as “Black Codes” and “Jim Crow Laws.” These laws set up a system throughout the South based on the principle of “separate but equal.” A system that replaced slavery with segregation. It took nearly 100 years to correct these segregation injustices through the Civil Rights Movement led by the Rev. Dr. Martin Luther King in the 1960s.

Still, however, there are cries of injustice sixty years later and lately there are new cries and demands being made for reparations. The former stems mainly from two causes. First, the unwillingness of the Black communities to clean the “inner vessel” and correct the social injustices of Black on Black shootings and murders and other crime before pointing to the less than five percent of these injustices committed by Whites on Blacks. This is not to condone the latter, but the former is the larger problem.

Second is the Black communities willingness to be used by the progressive and Socialist Democrats as pawns in their overarching goal to destroy Liberty and our Constitutional Republic in favor of a Welfare Socialist State. A nation where ALL citizens, Red, Yellow, Brown, Black and White would be placed on or returned to a government plantation as slaves under control of an oligarchy of Democratic elites.

Slavery was repugnant! A scar upon our history. However, from 1562 until 1833 slavery was legal within the British Empire and therefore British Colonial America (1619-1776). After we declared our independence on July 4, 1776 until January 1, 1863 slavery remained legal within the United States. No current citizen, however, has ever lived in involuntary servitude as a slave or indentured servant. We the People cannot be held responsible for the acceptable norms of our ancestors civil societies or governments. There cannot be any Corruption of Blood. A slaveholder’s posterity should not be held guilty of slavery when they themselves never owned slaves!

It has been 157 years since President Lincoln emancipated the slaves. The majority of the current White citizens of the United States have no ancestors who were slave holders and therefore they should not be held culpable for those who did. There is no justice in requiring reparation from those who never participated in slavery more than 157 years ago after the fact.

Additionally, by Article I. Section 9. Clause 3. the Congress is prohibited from paying reparations. That Clause states, “No Bill of Attainder or ex post facto Law shall be passed.” Article I. Section 10. Clause 1. also prohibits the several States from doing the same.

An ex post facto Law is most typically used to refer to a criminal statute that punishes actions (slavery) retroactively, thereby criminalizing conduct that was legal when originally performed. This should also apply to civil torts.

We the People established a Constitutional Republic through our 1787 Constitution. It is the responsibility of our elected representatives to ensure that our laws are applied to ALL equally and fairly regardless of race, creed, color, or sex.

May God Bless and Save the United States of America —
Our Constitutional Republic !