The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-14

slaves And is further insisted that any ACT of Con
gress which nterferes with this right and prevents the
the rights OF the slaveholdng States destructive of their
interests, and OF that equality OF right which assumed
10 exist Such proceeding II is said is virtually appro,
ratng the common property OF the Union to the and
benefit OF one portion OF the people TO the exclusion OF
others.
Sir in every aspect of this argument and in all its parts
It is falacious. So far il is built upon the supposed
inequality between those who assumed to have equal
rights, confess it is beyond my comprehension.
Whatever may be the determination OF Congress,
whether any restriction is imposed in relation 10 slavery
or whether it is admitted freely and without restriction,
every citizen of the United States stands upon the same
footing If be admitted, he may either take his slaves
there not as he peases. Whatever may be the de-
cson of Congress regad to this matter all stand upon
the same footingthe rule is uniform If slaves ad-
mltted, they not admitted for the benefit Of all And,
if they excluded they excluded for the benefit
of all
Although am not disposed to question the general
truth OF the proposition upon which the argument rests,
TO wit, that every citizen has right to emgrae TO the
Territories with his property, am disposed TO- deny Its
application And IN order to determine how far 1t is ap
picabe to the question before it becomes
sary to inquire what is meant by property IN slaves
rs property founded upon domestic relations and may
be compared 10 the interest which parent has IN the
vices of his child and bears still closer resemblance
to the relation of master and servants for, let re-
mark, the constitution of the United States denomi-
mates slaves not as property, but as 'persons held
TO service which is in my Judgment the proper de-
slgnation: The. property which master has in
the services OF his slave, if you choose to adopt
that language, is the property which the master has
in his apprentice. This property, them is dependent
upon domestic relation, is incident TO it, and exist
nowhere where that domestic relation does not exist.
The next inquiry u.s. whether this domestic relation is
asked with good deal OF emphasis, whether, if
ter from State in the Union where apprenticeship is
recognised, takes his apprentice to part of the Union
where it is not recognised he will lose the service of his
apprentice? answer, unquestonably, yes the appren-
ceshp being subject to the local jurisdiction only, and
the local power being as applicable to the relations of
as I IL can
arise IN connexon with mere municipal regulations.
But there is another principle which stands in the way OF
the Argument OF the senator from Georgia The senator
must be aware that when he removes with his property
into jur sdcton, he holds that property subject to
the local legislation OF such new jurisdiction Sir what
is the principle which obtains throughout the civilized
Judgment of the whole civilized world, that slave
taken into jurisdiction where slavery is not recognised
every civilized nation upon earth And is il not the
doctrine that recognised by every State in the Union
This property is, what Is it that species OF property
which is recognised everywhere No, sir. And here
is another difficulty in the argument OF honorable gen
temen. When they tell me that citizens of every State
have right to emgrate to the Territories OF the United
States and hold their property there answer that you
may carry such property as is recognised as such every
where by the consent of nations and the
mercia world, but you cannot carry with you the peculiar
regulations OF your own country which create proper
ty that is unknown elsewhere. The senator from Geor-
ga fit to denomnae this distinction a chimera of
the imagination If it u.s. it has found its way into the
mag naton and INTO the Jurisprudence and commended
itself to the judgment OF every civilized people. If there
be distinction between this species of property and
that kind OF property which is recognised everywhere
how happens it that the title of the property is lost by
carrying it from jurisdiction to another If you
ny your merchandise from Virginia to New England il
will be recognised there as fully AM absolutely as the
property of their people; but if you take those per-
who are held in servitude they recognise such
property, and under that jurisdiction they necessarily be-
free If you take your cotton merchandise OF any
description to England your right TO il recognised and
protected by the law OF nations; any unlawful inter-
terence with that property becomes subject of national
discussion and, unaoned for, legitimate cause of war
Is it with this species of property' Will Great Brit
ain admit your right to follow your fugitive slaves there
or will you make it cause OF war If she does not The
senator from Georgia himself admitted that if master
take his slave into free State voluntarily, it is virtual
manumission. If you take property, them TO Oregon
you hold there subject to the local laws ana u you
not your title is forfeited This is admitted 10 be prn
cple of law by gentlemen OF the savehoding States.
am little surprised that the from Georgia should
have fit to bestow upon this distinction thus recog
Missed in the Jurisprudence of the United States, and OF
every other country the epthe OF chimera OF the ina
gnalion.
But sir what is this property' 1t species of prop
ery which is recognised in certain localities only. If il
be of that character which is recognised and protected
property by local Legislature, and not protected
recognised by another, is it. is it not proper subject
for local arrangements Its very basis is local; IT stands
upon that principle, and that alone; and yet told
that although this is the basis upon which this species OF
property rests yet after ALL Congress- possessing the
elusive power of legislation the Territories, has no
control over it, But the pretension does not stop here
is said that the citizens of the saveholdDg States have
right to carry their Institutions into the Territories OF
the United States, and that you have power to prevent
When this preenslon is set Ups the question becomes
this, not whether citizens of the United States have
right to emgrate to this territory with their property. but
whether they have right to carry with them their
liar domestic and municipal regulations and substitute
them for the laws which you choose to establish Such
doctrine would place the savehoding power above the
legislang power If they have right to claim exemption
within your territories from the operation OF your laws
they may claim right to follow your armies in your
career of conquest and to plant the standard of slavery
upon every inch of the wide domain which your power
and your ambition combined may bring under your do
minion. Instead of extending the of freedom You
would carry abroad the standard OF slavery while the
slavehoding power, thus stalking in the wake OF your
victorious armies, and appropratng to itself your success
sive acquisitions would render itself coextensve and
coeval with the boosted "destines' OF this country.
Sir, | solemnly protest against the pretenson which
tranpes legislative power under foot which sets all hl-
authority at Defiance and arrogates to itself the right
to extend lis peculiar institutions wherever 1t chooses to
plant Its footsteps Sir before admit this doctrine, OBJ
leconable as it is to me, and, the senator will permit me
to add, offensive 1t is TO the people of great portion
of this Union, wish to the foundation upon which
this pretenson rests desire TO the clause in the
constitution which ties your hands and nine. 1t is IN
sisted that the constitution recognises this species OF prop
cry. How does it recognise it In the first place ii
recognises slaves persons held TO servude as per-
entitled to representation in these halls They are
this moment represented here portion of the popu-
laon of this Union and yet we told they proper
ty merchandise. If these people PERSONS and
not property, upon what principle is II conended that
when they emgrae to your territories, they do not go
there subject to the laws which prevail there The faa
of the argument consists in the denomination that Is
given to them in supposng them property ssch as is
Of I'D