The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-29

AuAociootPPi
poaton of slaves into said Territory from any port
place without the limits of the United States.
In 1904 Congress passed can act erecting Louisiana into
Territories and providing for the temporary
thereof" The tenth section of the act prohibited first the
Importation of slaves the Territory from any port
place without the limits of the United States second, it
prohibited the importation of slaves brought the United
States since May, l7a8 and third it declared that slave
should be introduced into the Territory except by citizens
of the United States removing said Territory for actual
settlement and being the time of such removal bona de
owners of such slave or slaves.
In 1920 Congress passed entitled An author
the people of Missouri Territory form constitution
and government and for the admission of such State
into the Union equal footing with the original States
and to prohibit slavery IN certain Territories The eighth
section Of the declares that all the territory coded
France the United States under the of Louisiana,
which lies north of thrtysx degrees and thirty minutes
north latitude, not included within the limits of the State
contemplated by this slavery and involuntary servude
otherwise than the punishment of crimes whereof the
ties shall have been duly convicted shall be and is hereby
forever prohibited"
la 1922 Congress passed the establishment Of
Territorial government Florida; and the twelfth section
of the prohibited the importation of slaves into the Ter
toy from any port or place without the limits Of The United
States
In March, ls45 Congress passed joint resolution for
annexng Texas the United States and the third clause
Of the second branch of the resolution declares that
such State States shall be formed of said Territory
north Of said Missouri compromise line slavery nvoun
tay servude except for crimes, shall be prohibited"
These legislative presidents, Mr. President show that
Congress has been the constant habit of regulating
trolling and in forever prohibiting the intro
|
The power, until very recently has been doubted 1t
exercised before and Immediately after the adoption Of
the constitution and statesman of that day denied s ex
istence Ii constitutional for Congress in 1920 to
cude slavery part of the territory coded by France
the United States, would have been constitutional
have excluded from the whole of the territory If it
violation of the constitution exclude slavery from
part of Texas would have been violation of it to have
excluded the institution from the whole territory comprised
within the limits of Texas The power Of Congress to ex
cude slavery from the Territories of the United States
longer open question: it has been settled by the judicial
and legislative departments Of the government and
all bound acquiesce in the decision We at lib
erty call question the WISDOM the intelligence and the
patriotism Of the statesmen who occupied these in the
infancy of the republic. They great and good men,
and knew how to construe the constitution they had aided
in making.
But, Mr. President, pass brief examination of
the grounds upon which southern senators place this
ton. The honorable from South Carolina Mr.
CALnouN] asks " Have the northern States the power
which they claim, exclude the southern States from emf
grating freely with their property into Territories belong
the United States and to monopoze them for their
exclusive beneftP | answer, first, that the northern
States claim such power they have expressed desire
exclude the South from the Territories of the United
Sates and to monopoze them for their exclusive benefit
second that territories open alike to the North
and the South and that the people of all the States lib
ery freely emgrae into them with whatever is regarded
property by the law by the laws and usages
of the civilized world. Slavery status unknown to the
law contrary the law of nature and not recognised
by the laws and usages of the civilized world 1t only
exist by the force of positive law. The moment slave
passes with the of his MASTER from the jurisdiction
Of the State by whose laws he is held in bondage into
State Territory where slavery tolerated. he becomes
free and if he return to his former residence he
could again be reduced slavery. brief reference
three or four English and American authorities will show
the soundness of the doctrine for which contend will
first refer the of Somerset Stewart Lofts Re-
i77a;:
son habeas corpus requiring Capt Kno"es
to show for the seizure and deainure Of the
nan, o~. The sRpsaea to De WIS., W
gna had been purchased from the African coast in the
s bss" to by
who, intending to return by force sent him on board OF
by the order ofhis master, custody knowles
detained against his until returned in obedience
to the writ And under this order, and the facts stated
Cap. Knowles relied in his justification:
Lord Mansfield delivered the opinion OF the court, as
shall the the writ of habeas corpus,
the ground Of determination, omng only words OF
negro aken makes his the writ in sig
nityng that there have BEEN and still slaves
by the laws and opinions of Virginia and jamaica that
they goods and chaels, and, such, saleabe and
before the of the Kings writ brought to be sold
and sold to Charles Stewart esq, then in Jamaica,
and has been nanumitted since that Mr.. Stewart
having occasion transact business over hher with
return, and brought Somerset to attend and
abide with him, and to him back soon the busi
should be transacted that such intention has been
and still continues and thai the negro did remain till The
time of his Departure in the service OF his MASTER Mr.,
Stewart and quilted it without his consent and, there
upon before the return OF the Kings wf the SAID Ghnre
to safe custody be kept till he should sail and then 10
be taken with him to jamaica and there sold as a slave
And this is the why he, Capt Knowles, who was
then and commander of the above vessel then and
mted his custody, deain and which he renders
him to the orders OF the court"
Upon these facts Lord Mansfield, in concluding his opn-
ion in the case, SAYS
"Thc only question before is whether the on
the sufficient If it is, the negro must be remand
ed if not he be discharged Accordingly, the
turn that the slave departed and refused
whercupon he kept, TO be sold abroad. 50 high an
act dom be nised by the law Of the
where is used The power of his sla We
has been extremely different in different countries The
slavery of such nature that 1t Is incapable oil
being introduced any moral or political, but
only positive which preserves torce long after the
aed sed memory 1t is odous that nothing
can be suffered to support 1t but positive law Wha'eve
Inconvenience, therefore, may follow from decision,
f cannot say is allowed approved by the law
England and therefore the black must be discharged
In of Forbes Cochrane, q Barn and Cress
well, 463D the Court of Kings Bench say;
The right slaves, when tolerated by law, founded
not the law of nature but the law OF the partcua
, lcountry. IL IS law in tDpfum and when party get
of the pcr of his and gets under tho potec
ton Of another power without any wrongtM act done by
the party giving that protection, the right oil the master
D which is founded the cpal law OF the paricua
place only continue. The moment foreign SLAVE
there law here which sanctions his being held II
slavery And the local law which held him IN slavery
r against the law OF nature has lost its force f" -
Slavery, say the supreme court OF Mississippi (Wnk
ers Reports page 36 is condemned by reason and Tn
laws exists and exist, only through mum
lcipal regulations"
In the volume, page SO, the court say
G,.,. ala, aAN