JC> You and Sondra have pretty much stated the pro-slavery arguments that
  > were made in the 1830-50s forty to fifty years after the Constitution was
  > written.
JC> So, in the interest of "accuracy", let me reiterate the original 
statement.
JC> The _original_ statement made in this echo was that "slavery was
  > Constitutional". That implies _Federal_ law. _Not_ state law. I didn't 
y
OK.  The constitution does not *say* that slavery is legal.  However,
the following section of the constitution, ""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 numbers of free
persons, including those bound to service for a term of years), and
excluding Indians not taxed, (three-fifths of all other persons)."
*does* refer to slaves.  Keep in mind that the 3/5ths rule was a
compromise. Most northern states did not want the slaves included in the
census at all.  The southern states, with large slave populations wanted
to increase their representation by having the slaves counted as one
slave, one person (while not allowing slaves to vote.)  For a while, it
looked like this disagreement was going to stop the constitution from
being formed, until the 3/5ths compromise was agreed upon.
The statement in 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", was also a compromise.  Most of the free
states wanted immediate ceasation of the importation of slaves.  Most of
the slave states wanted no cessation of the importation of trades.
Section 9 was the compromise the convention finally arrived at.
So, by implication, considering the discussions that led to these
sections, although not by direct statement, slavery *was*
constitutional prior to the 13th amendment, which is probably why the
Supreme Court tended to rule in favor of slavery when such issues
arose.
                         Sondra
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 þ SLMR 2.1a þ The touch of the Devine is everywhere.
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