The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1848-08-30


legislative power is conservative under our
system. The duty Of Government isto pro-
tect every right, and meet every guaranty
provided by the Constitution making author
ty. With this authority rest all the guaran-
tees Of the Constitution.
And what is the Constitution making au-
thority? 1t is Convention. A name de-
graded of late from IT'S high political sense,
and applied to every species of political
rendezvous or gathering. Every thing now
a-day is Convention except Convention in
the true sense.
Convention with US, is sympathetic and
regulated institution. 1t is supreme over all
others. 1t is supposed 10 be identical with
the people. 1t is the form Of regulated and
instituted sovereignty. 1t has power to Or
dam Constitutions or change them. II makes
or alters the government in all departments.
1t has in its hands every kind Of power IegIs-
laive, judicial, and executive. 1t can dis
tribute them among as many departments
of government as it may please to create;
put all in one department, or tn take back
all if it chooses. The Constitution it pre-
scrbes to the government, the government
is as absolutely bound to obey as the indi-
viduaI citizen is 10 obey, the municipal laws
made by the government. The individual
rights of men, and most emphatically per-
sonal rights in property, are the special OBJ
iects of a Constitution. These rights exist
prior to, and Independent of, Constitutions;
and even Convention could not violate them
without giving cause for popular revolution.
All the powers Of government are conserva-
tive: and it has no legitimate right TO des-
troy any thing for the sake of which 1t was
instituted. 1t would be better to have no
government at all, than a government 10
destroy. TO say that, because Congress
has authority 10 make laws in relation TO
property, it has right to destroy property,
is Just as absurd as to argue. that because
pilot has authority 10 conduct vessel INTO
port, he NAV sink her to the bottom OF the
sea; or that because the watchman is placed
upon the the tower to guard the city, he may
Sc, fire to it, and burn ii to the ground. The
member that does not know this much OF
our institutions, had better go home, and let
his constituents fill the vacancy.
] shall now proceed to apply these views
to the particular question that now agItales
the country.
But, first, it will be important 10 point out
an essential distinction. There are two
sets of guarantees in the Constitution in rel.
erence to slaves. The one consists in the
obligation of Congress to protect State a.
gainst insurrec,ion; the other secures the
private individual in his rights of property.
and The surrender of fugitive slaves. The first
regards slavery as public institution, and in.
wolves question of State rights; the second
contcmpatcs individual slaves as private
property, and involves queslio1 OF private
personal right, having no reference to any
matter of State right. Now, law com
pelling an emigranl tc the public lands to
cmanc.pale his slaves, would violate the lat
ter right; that is, the private right, and not
the Stale right This is, scIf-evdent, and |
may proceed with my argument.
The rights of property in slave are re-
cognised by the Constitution of the United
States. More than this, sir, they are guar
anlied by that instrument. A slave eScaP.
ing from on State to another, is required,
by the Constitution to be delivered up to
the person entitled to his service; and Con-
gress has ever acknowledged itself bund to
enforce this Injunction of the Constitution.
There is, therefore, not on y recognition
but guarantee in the Constitution. But
the Constitution goes still further. Before
the Union of the States, a slave escap'ng
from one State to another could not, by the
comfy Of nations, he demanded back; nc be-
came free. The onslilutIon, therefore. IN
requiring fugitive slaves to be delivered up,
enlarged the righ hts of the master, and dInln-
ished the rights of the slave. Betor' the
Constitution the dominion of master was
limited to single State, It was afterwards.
bv the affirmative action of the Constitution
extended to the whole Unon- the entire
sphere oC,hc action of the General Govern
mcn,. The constitution, therefore not only
guaranteed and enforced, but enlarged the
rights Of the master. The rights of the mas
ter, therefore. are co-ex,ensive in space with
! the constitution.
This recognition, guarantee, and enlarge
ment, dnes not apply solely to the slave
States, but to every part OF the United
States Any State may establish slavery:
and if Massachusetts should think proper to
do 50 tomorrow, her citizens would become
entitled to all the guarantees of the consll-
tuition in relation to slaves; and slave es-
Gaping from her jurisdiction into Vermont
would have to ibe delivered up. The con-
s,,,r,, would stand ready to restore the pro-
r ner,y to its owner, anu to take from the
slave his usurped liberty; slavery therefore, is
national, and exists by recognition aud guar
antcc every where. The institution IS ie
oollv nosSble in every region covered by