Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1846-02-26

But again, it is answered that every man
has right TO do what he pleases with his
own property. This is true, if he violates
no social, or leagal, or constitutional right
of another. But no man can so dispose OF
his property as to grant exclusive Dement'S
to one class while they are denied to an
other There is another aspect of the ques-
ton, however, which makes it still more
conclusive. No man shall so deal with his
property as to injure that of his nelghbor,
and it is not in the power of government to
grant such right. Our government, from
its free constitution, cannot give power TO
one class to use property to the injury OF
another class In this case the manumls-
sion effected by legislative enactment have
proved an injury to the slave-for the ex-
ample and condition of the free negro is
directly calculated to impair the efficacy and
weaken the bond Of slavery, and, by this
process, the free negro by manumlsslon is
working continual injury to slave proper
{, ty. This Legislature could not grant the
power to any one to dam up stream Of
water so as to iniure another, and even if
general law should work such conse-
quences it would be unconstitutional. If
general privilege of which all, if they saw
fit, could avail themselves were given, and
only few should use it, and the result OF
the use was clear injury to others who did
not use it, would be palpably unconstitu-
tionaI This is too clear for argument.
Thus those rights which now exist as to
slavery are primary or constitutional rights,
founded in fundamental compact, and when
there are privileges given which conflict
with the fundamental right, as founded in
compact. such privileges must give place to
the fundamental, though such privileges
should be the fruit, of general law: be-
cause you cannot force citizens holding
rights by virtue of the constitution TO yield
them to mere legal rights. Thus the insti-
tuition oc slavery is constitutional right
and that of the free negro is legal right,
and in conflict the latter must yield to the
former; and the idle existence of the free
negro is doing an injury to the slave, the
constitutional property of the master.
An unconstitutional act may be tested, as
we'll by the consequences as by its direct
conflict with the constitution. You cannot
compel every citizen to comply with the
provisions of an act, although it is general,
if there are rights held by the constitution
contrary to the consequences of the gene
raj act Thus slavery is constitutional
right, and where you pass an act allowing
manumission, every man is not bound to
manumit, nor indeed could you compel
every one to do so; and in conflict the
constitutional or stronger right must pre-
vail; and the right of freedom by manu-
i, mission must WELD, in collision with the
right of slavery, the latter being founded In
fundamental compact, which is the highest
right the citizen can possess.
: If there is a stronger or constitutional
right. and there is a weaker one, and the
latter Injuries the former, there is clear I'M
constitutionality. That the institution Of
. slavery and that of the free negroes are IN
direct conflict, no one will deny; and then
the institution of slavery being constitutions
: al that of the free negro must be unconstl-
tutiona. Light is not darkness.
1t is generally conceded that the instltu'
o ton of the free negro is nuisance. 1t vii
6 not be commended but that if an act, ever
& general in its character, should produce 6
q nuisance, it would be unconstitutional; ant
h in such a case the Legislature would no
o only have the right but be bound to repea
: it and remove the injury.
IF there was in the State of Maryland
: but one individual who held slaves, sucf
: holding would be by the constitution, and
: consequently, a social and stronger righ
n and although there should be but one slav
0 owner in the State, if the institution of fire.
+ negroes was adverse in any manner to hi
: interests in his slave, or TO the value of hi
It property in his slave, you could not com
II pei him to yield; for although he SHOULD
e be the only slave holder, yet his right i
If constitutional, and consequently stronge
d right. The free negro has no part in tn
: social compact, except to the extent that h
n possesses it with slave-such as the RICH
+ of trial by jury whenever a slave can b
?brought within the action of a court of jus
If tice
n But there are those who rely upon tw'
If clauses in our bill of rights as guaranteein
= to the slave constitutional rights. The frs
is in these words ''That every freeman
it for any injury done him in his person O
e, property, ought to have remedy by tn
IS course of the law of the land, and ought t
is have justice and right freely without SALE
i fully without any denial, and freely with
y out delay, according to the law of the land.
it The next clause upon which reliance
placed, is in these words "That no FREE