The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-11-25
THE UNION.

ponds upon the latitude in which he may be found. II
will be long while before slave IN New Mexico viii
be able TO settle in his person. the great constu-
ona question referred by for final adjustment IN the
Supreme Court of the United States But it is said that
the slave will be aided in this mailer-hat he will have
friends the Norththat the senator from New Hamp-
shire mir HALEl will interest himself in the matter-thai
funds will be raised, and agents sent down to New Mex
leo to institute legal proceedings IN behalf Of the slaves
and in this way shall have the question settled
Now sir suppose the senator from New Hampshire,
any other gentleman equally ardent IN the cause, should
undertake this mission of philanthropy, what would be
the course of proceeding, and what the RESULT He
would co. | trust, in the spirit OF law and order he
would go there for the purpose OF nsutuhng legal pro
ceedngs against the MASTER for the purpose of testing
the consutionahty of slavery in the Territory When
he gets there he will proclaim his object He tells every
master that his mission is to free all their slaves-not by
and then asks the aid of local Judges marshas attor-
neys and witnesses in his suit Now, whether he will
get such aid not whether he will be permitted
to remain there HIMSELF will depend upon the amount Of
slave interest and slave influence to be destroyed and
countered by his mission. We have or two exam.
pies of mission of this kind sent from free State to
try in slave State the constitutional question of slavery
In the year $780, the State of South Carolina passed
law of highly penal character against free cooed per-
sons being found board Of any vessel arriving at
port in that State This law, believe, so far as to
doom the unfortunate colored sailor TO be sold into
slavery.
Under this law, colored seaman, and a free man by
the laws OF Massachusetts, being found IN the port OF
Charleston board ship belonging to citizens of Mas
sachuset,s, seized and imprisoned, and dealt
with according TO the provisions of this law.
The State OF Massachusetts complained of this law.
She believed ii 10 be unconstitutional and for the pur-
pose OF settling that question: she of her
respectable citizens, with power and authority to bring
suit of the courts OF South Carolina for the pur
pose of testing the constitutonay OF this law. What
was the result of this message9 If recollect rightly,
the agents first difficulty was, that he could not find a
lawyer in Charleston who would bring the suit. And
then undertaking to bring it himself he found all avenues
the courts shut against him and the result was that
instead of berang the colored by due of
l.. h., cd by
which he only escaped with life and limb by being orci-
bly, carried of by friendly citizens of Charleston.
have not referred to this case by way Of censure to
the citizens OF Charleston. | have doubt they acted
under the belief that the law constitutional and
cessary their peace and safety My sole object
show how utterly futile it Is to rely upon mission sent
the courts of the latter. constitutional question affecting
the safety the legality of slave property If the
ghtened and awabidng citizens of the city of Charles
ton would not permit question OF this kind even to be
heard by their courts, what may we expect from the
slave-owners of New Mexico!
Let also look at the operation OF this law upon the
master He, as have already said, will carry his slaves
into the Territory under the opinion that his property will
be protected by the constitution of the United States
Honestly entertaining that opinion. and there being
law in the Territory against slavery, he will feel
himself authorized to resist every attempt the part
of individuals to interfere with his slaves. AT the
same time, others who are opposed to slavery, and
who embrace the other side OF the question: will deny his
right to hold slaves in the Territory They will tell the
slaves that they fee and may entce them to leave
their masters Thus beset and harassed in the enjoy
men of what he considers his property the slave
will resist this Interference and there being no law in
the Territory respecting slavery" he will make law
for himself, and riots and Lynchlaw will settle the
question. Now, do southern gentlemen desire to see
this state of things Are they willing TO place slave
property, the most tmid of all kinds of property, in po
sition where It may be constantly intsrfered with and
where there is no law 10 regulate the relative rights Of
master and slave! My opinion is, that this no-law poll
cy will not be satisfactory either to the South the
North. The South will complain that while you permit
Sla tn fhnrn lou, f,nn
The North will complain that you permit TO 60 there at
all when you have the authority to prevent it.
The interests of both sections OF the Union require, that
before their people emigrae to these Territories, they
should know whether they are to be slave or free Ter
ritores. Do not send them there under false hopes
some with the opinion that slavery is to be protected and
others that it is 10 be abolished. Do not send slavery
there for litigation; do not permit to grow and spread
itself there under the hope that you may hereafter be able
to root it out by the process OF lawsuit No, SIR let
us meet this question now openly and ay and declare
at the very beginning of these territorial governments
whether they to grow up into free slave States. 1t
is due to the people of the Territories; il is due to
citizens who may desire to settle there that this question
be settled before becomes involved with the rights of
private property, entangled by local interests.
1t was upon considerations OF this character that our
fathers enacted in advance the great ordinance of 1857
for the future government of Territories and States which,
in the Of time, might arise out of the Northwest
Territory They enacted this law while that country
yet wilderness They impressed it upon the virgin
SOIL and made it original element of social and politi
cal existence. They did not wait until slavery should
there, and then eradicate IL. lney uid inquire
whether slavery could exist without positive law They
knew that the country was free then, and they deter
mined to keep so by positive law against slavery and
who now can look upon those five magnificent States
free they are great which have grown up under
the influence of this organic law OF freedom, and not ad
mire the wisdom OF that orethough which prompted the
ordinance of 1857
The senator from Mississippi [Mr. FoorE] asks me
whether am in favor of any compromise upon this sub
ec will answer the senator's inquiry with pleasure
am not in favor OF any compromise that will admit sa
very into either of these Territores and will now pro-
coed to state my reasons for this position.
Slavery has legal existence in either OF these
Territories. 1t is in fact prohibited in them all They
were free when we acquired our title to them. Oregon
Mexico and California free by the law of Mexico
aboishng slavery. Now if | agree, by way of com
promise, to admit slavery into these Territories, into
either OF them would by my vote, establish slavery in
country where had legal existence before. This
responsibility cannot assume In taking this position
exist by law in the slave States | interfere with
mans rights private or political take things they
are, leaving slavery where it has the right TO be, and
prohibiting 1t where has right TO go. Neither
perceive that there is anything unfair towards the South
IN this The North has heretofore, all occasions where
the territory acquired was at the time OF its acquisition sub
ec to slavery, yielded the question to the South Louis
lana, Florida, and Texas were all slave territories when
acquired them. We of the North did not insist that
you should abolish slavery there. We objected to the
annexation OF Texas as unconstitutional and mpotic
but we did not insist, with threats of disunlon, that
slavery should be abolished in Texas as condition to
her admission into the Union.
Since the acquisition of Texas we have acquired other
Mexican territories in which slavery abolished Now
all we ask OF you s to extend the fair rule to them
that we extended to Texas. They free let them
remain 80 II we consent that acquired slave territory