The Madisonian., 1840-02-01
WHOLE NO. aos.


But, sir, such is not the case. This Constr
tuition is their Constitution, in common with
their fellow citizens of the States and, y II,
this species of property is secured against an
inhalation by the power Of the Government.
There is but one cause for which the Govern
ment can invade private property and that
is, for "puthc use'-and then compensation
must be made. This is the only way in which
the power Of Me Government can reach indi-
vidual property, either in slaves or any thing
else. put the question. and demand an an
swer from the sober thought and unbiased
judgment of every gentleman present Can
the Government, from considerations of poll
cy destroy private rights and private property
thus secured by the highest authority known
to the laws-an authority paramount to that
Of the Government itself, and by which it
exists
But, Mr. Speaker, contend that the acts
Of cession, by Virginia and Maryland, in
themselves, contain sufficient limitations upon
the power of Congress to protect slave pro-
perty from its grasp, and its subjection to the
ruthless spirit Of crusading fanaticism. In
each Of the acts of cession there is to be found
the following provision
construed TO vest in the United States any right Of
property in the SOIL to affect the rights Of ndivi
duals therein, otherwise than the same shall may
be transferred by such individuals to the United
States"
According to the literal Interpretation Of
this provision, it might seem that the protec-
ton intended to be afforded was simply to a
right in the soil but the whole act, taken to-
gcther, and the attendant circumstances, JUS
tify more liberal Interpretation, and extend
j, to the protection of all private property
But, sir, this provision was totally unneces-
sary (; for the fourth and fifth articles of the
amendments to the Constitution, to which /
have referred. not only protect the citizen in
the enjoyment of his private property against
the power Of the Federal, but the power of
the State Governments, also for, says the
This Constitution and the laws Of the United
States which shall be made in pursuance thereof
and all treaties made, or which shall b. made. un
der the authority of the United States shall be the
supreme law Of the land; and the Judges in every
State shall be bound thereby, any thing in the Con-
srruroN or LAWS Of any Stale to the contrary not
withstandng."
The Legislatures of the States of Virginia
and Maryland had no power to abolish slave
ry, at the time of the cession nor could they
confer it on the Federal Governmcnt-ior the
citizens Of the District stood protected by the
Constitution against the power of both. The
Constitution, then, has prohibited both the
Federal and State Governments from violating
the rights of private property, except in the
case provided for. Slaves, in the District Of
Columbia, are private property: and, conse-
quently, the Constitution not only does not
authorize, but expressly prohibits, its aboli-
ZION.
But, sir, it is contended that, if Congress
has no power to abolish slavery in the Dis
trict, it has the power to suppress what is
ta,lntingly called the slave trade )" and that,
upon this ground, abolition petitions containing
this prayer should be received. This, sir, is
more daring, more unblushing proposition
To violate the rights Of pripate property, if pos
sible, than the other The rights Of sale and
purchase are necessary incidents to the rights
Of property; and, SO loug as slaves are re-
garded as property, they must necessarily be
subjects Of sale and purchase-and Congress
has just as much authority TO prohibit the buy
ing and selling of horses, cattle, cotton, to-
bacco, and any other species of property, as
the buying and selling Of slaves. 1t is So
cial right TO acquire and to alien property, and
stands protected by the Constitution. Such
an interference would be well worthy the
ignorance and despolism of the dark ages. |
do not doubt that, in the exercise of this right,
so far as the sale of slaves is concerned, there
have been abuses-many acts of cruelty and
severity, revolving to the best feelings Of hu-
manity--bui, sir, these abuses are not con-
fined to the relation of master and slave -
they have been sometimes perpetrated in the
more endearing relations of husband and wife,
parent and child, master and apprentice I; and,
do not doubt that, in the factories of the
North, many such have been perpetrated.
[Mr CUSHING here denied that any such abuses
existed in the Northern manufactories.l
MR. GARLAND. do not know, Mr..
Speaker, that there have been, or that there
are now any such abuses, have no personal
knowledge upon the subject; only speak
what [ have read and what | have heard.
The honorable gentleman from Massachu
setts resides in the midst of them, and is in
innate with them. Yet sir, do not imagine
that he has been so constantly within all and
each Of them, as that no abuses could have
been committed without his detection, | there
fore repeat that | do not doubt that many
cruel inhumanities have been perpetrated in
those establishments. But, however much we
may lament human depravity, and mourn over
these exhibitions Of cruelty and suffering, we
cannot control them by destroying great con-
stitutional rights. We cannot say to citizen
of Maryland, you shall not buy property in
Virginia--nor to the citizens Of Virginia you
shall not purchase in Maryland. Such pro-
hbtion would be as tyrannical and oppres-
sive as despotism could make il and it you
could prohibit the buying and selling Of slaves,
by the exercise of the same power, you could
prohibit all intercourse between the States by