The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-26

thousand eight hundred and eight, but duty may
be imposed on such Importation not exceeding ten dollars
TOR each person."
Could there be a more distinct recognition of the prop
erty right IN slaves Here is only permission 10
import, but duty to be aid upon them as subject OF
commerce The fact that exception made against
the entire control OF such Importation by Congress is
conclusive that, but for such exceptions, IT would have
been embraced la the general grant OF power to the fed
era government to regulate commerce If the trainers OF
the constitution had intended to recognise other than
the right to recapure ugltves-ii they had denied the
existence of property in PERSONS they surely would not
have used the word mpOatlon, as found IN the clause
of the constitution just cited In further support OF this
opinion, would refer to the fact, that exception so
strictly construed, that laws prohibiting such Importation
into territories included in the exception enact
ed therefore surprised that the senator from New
York should have cited proof OF power OF the fed
era government egsate the subject of slavery in
the Territories, the law to prohibit the Importation of
Africans into the Mississippi Territory before the year
1905 That Territory was not included in the exception
which restrained the federal government from prohibiting
the Importation of slaves before $685. therefore it
exercised under the general power over the subject as
matter of commerce. Upon this power over commerce,
and of the property mature OF the persons considered
must rest all laws for the abolition of the foreign
trade Todeny this general basis would draw after
the sequence that all our laws upon that subject
enacted without any grant OF authority and were there
fore unconstitutional: Nor is it thus alone that this
property in persons has been recognised. During the
revolution, and by the who framed our Declaration
of Independence throughout all the States OF the coned-
eracy the propey of refusing liberty TO certain caste
of persons was admitted and in the earliest legislation
under the constitution, those whom the services Of
such persons were due were denomnaed their owners.
In the treaty of peace which closed the OF our
outon the phrase "negroes or other property shows
the position assumed upon our side, well as the ad
mission made by Great Britain that the persons so refer
red to recognised in their character as property.
Again. 1915, after the adoption oil the constitution the
same construction explicitly admitted in the treaty OF
Client in the first article of which find the expression
"any slaves or other private property With what pro
priety, with what fairness 1t now be assumed that
that which we have called property and neg oa'ed upon
such in diplomatic relations aud international acts,
from the birth of the republic down to 1915, has no ex.
istence among the States of the Union, claim to re-
cognton protection beyond the limits OF the States
where it is ordained and sustained by local law The
constitution recognised slavery by the federal govern
ment constituted the agent OF the States ntrusted
with the power of regulating commerce with the States,
and with the conduct OF all foreign relations In the dis
ment as shown above, has maintained this property
right against foreign power, and II Is equally bound To
defend it, within the limits of federal jurisdiction. against
the encrOachmen upon It's security and use, as guaran
tied by the constitution
To those who argue against this extension of the prop
erty slaves beyond the limits of the States which they
inhabit, as unequal obligation runusual right, will
render the admission that but for the constitution the
right property in slaves could not have extended be-
yond the State which possessed them But gentlemen
should ecollect that all the territory northwest OF the
river Ohio from which five non-savehodiDg States
have been carved originally the property OF Virgil
MIA, and, but for the compact OF our Unlon the nshu
tons of that State would have been extended over it,
This territory, thus nerposed between the northern At
antc States and the vast which has been nred
west Of the Mississippi have prevented those States
would have been the relative size OF the slave and the
non slaveholding terrory' The TO this inquiry
should silence complaint OF ADVANTAGES accrunS to the
! South from the guarantees of the constitution.
i To avoid the possibility OF misconstructon repeal
that we do not seek establish slavery upon new ba
We equally deny the right to establish as to abolish
slavery We only ask that those rights opropery which
existed before the constitution, and which were guaran
tied by it, shall be protected If it be shown that the
. aOuthprn Satps would lndeDendent SOVereRntieS
have possessed right of extension that the right OF
territorial acquisition transferred TO the federal gov
ernment subject the condition that should be used
for the benefit of the northern States exclusively then
we will have what has not yet been esened-a founda
ton Tor the assumption that from all territory thus ac
quiled slavery involuntary servtude should be Tor
ever excluded Sectional rivalry stimulated by the de-
sire for political ACCOMPLISHMENT, party ZEAL local ea
ouses and anatcism maddened by recent success have
each brought their contribution to the mass OF assertion
which has been heaped upon the clam OF the South to
an equal participation with the North in the enjoyment o
the territory belonging in common to the States But as
serton is proof abuse is not demonstrations and thai
claim, sustained by justice and supported by the staff Of
TRUTH stands yet unbent beneath the mountain OF error
/ which has been accumulated upon It,
The various modes which have been proposed TO eX,
Glade Shareholders from entering territory OF the United
States with then property may be referred to thIet
sources of power the federal government the territorial
inhabitants, and the law of the land anterior to ITS acqu
sition BY the United States.
! The federal government can have no other powers
than those derived from the constitution 1t is the agent
of tie States; has other authority than that which has
been deleg cannot by the character of its creation
and the of its being, have any inherent lndepend
ent power To the constitution, the letter OF authority
for this federal agent, must look for every grant OF
power All which not given, is wlthheld-all which
prohibited doubly barred II is not to be supposed ha
the sovereign States, when forming compact OF unlon
4 would confer upon the agent of such compact power
to control the destiny of the States is 1t in keep
ing with the avowed objects, "to insure domestic tran
GUILTY. provide for the common defence, and promote
the general welfare" that it should be used to disturb
| the balance of power among the States. Were one
portion of the Union increase, whilst the other re-
NAMED stationary, the result would be reached in the
course of wears which led to the war OF our revou
lion and the separation of the colonies from the mother
country. What would it profit a minority to have
representatives in Congress, opposed to majority OF
mastering strength and of will well power to SWEEP
away all the protecting barriers OF the constitution ii
was not for representation IN Parliament mat the lahers
of our republic dissolved the political bands which con
nected them with the parent governments put 10 nam
tain the freedom and equality which could not De secured
BY a hopeless minority common egslaton-o deIenc
their inalienabe rights from aggression by those VINO
irresponsible to hem-tha they pledged their liVes
their fortunes, and their sacred honor such men
was OF paramount importance, in forming general gov
ernment, to guard against interference with domestic m
stitu,ons and preserve such equality among the differ
ent sections and interests would each from az
esson b. the others This purpose deeply craven OF
the constitution, pervades 1t as general spirit ana APP
pears both in its grants and prohibitions Thence arose
the different bases OF representation IN the two houses
Congress- thence the Executive veto; the limitations OF
the power to regulate commerce among the States; TIT
prohibition against interference with private property
against discrimination in favor of port another
the partial representation of persons held TO services
the many other provisions which Will occur TO senators
Illustrative of the design preserve such equality as