The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-01

ernmenis OF the Dite pom the revolution ms pf
mary principle not abandoned, but has been tena
ciously adhered to- believe but State had abolished
slavery IN l776. | know that among the multiplied
causes OF grievance that constrained the colonies 10 re-
bellion, was the forcing by the British government OF
the African slave trade upon OF them against their
consent This fact proves that the disiiaef'on arose
from necessity rather than choice IN OF The colonies
and IT throws the responsibility OF the existence OF the
institution OF slavery in this country upon Great Brtain
but far from weakening the Argument founded on the
actual eristeaee of the institution here when became
Independent, il fortifes it, 1t recognised legal
institutions and the circumstances that caused the recog
milton cannot change tie fact The States after the treaty
OF independence in 7s3 compelled by the fact OF ITS
being here recognise it, and conform their government
TO existence This distinction OF has been recos
missed and maintained in the State and federal govern
ments The allowance OF any participation whatever IN
these governments by blacks or Indians, or by those IN
which African Indian blood predomnates-even where
slavery has been abolished AMI when the blacks and
Indians not in actual domestic servude-has been
merely voluntary extension by the lcsites believe
that OF the States of this conieleracy has the
privilege yet been bestowed upon extended 10 free
groes and Indians of equal suffrage in the State with the
whites and equal eligibility to State offices Of any degree
with the whites No one has elevated those races from
their political and social degradation except IN
degree" Positive affirmative legislation in every m
of proposed extension, necessary 10 abrogae the
American common law derived from colonial ances-
establishing the distinction OF and establishing
also the political nferiOty and subsection OF the negro
and Indian TO the white man. 1t is dle and worse than
IDLE to preach doctrines about the hmprescrPnoe ma
enabe, and universal equality OF the political rights ol
the whole human familyo denounce all distinction OF
races OF color, of intelligence, and civillzationto de-
claim about the natural equality of the negro and Indian
with the white raceo lnvegh against the institution
of domestic servtule established and recognised IN this
country, TO those racesand 10 assa the southern
States that have abrogated that institution TO the same
extent OF the eastern States, since the policy OF
colonial times ceased 10 have influence upon the latter
The true rule is, that until the political nferloriiy and
subsection of the blacks and Indians to the white race is
changed by positive affirmative laws enacted by compe-
tent sovereign authority aud which may elevate Their
condition in greater less degree throughout the whole
ovt ~ uriu In inf
federal State, and Territorial, that status OF nterory
and subsection attaches to those II is funda.
mental principle of the government 1t is recognised and
maintained the federal constitution, and the federal
government is based and founded upon it. Why sir negro
Slavery in the United States expressly recognised
by the United States and adopted in and by the Dery first
treaty the United States made with Great Britain lin
the treaty of Hldependenee-hat in which the British
Crown first admitted the United States to be separate
and Tree people. In the preliminary articles signed IN
81 and in the deinitve treaty in 's3, Great Britain spa
The american inhabitants" John Adams, Benz amin
Franklin John Jay, and Henry Laurens, negotiated and
signed this first treaty So in the treaty OF Client with
Great Britain in 1914, she makes like stipulation as TO
atss, and the United States subsequently received and
paid the large sum for slaBsS carried of in
violation of the first article of this treaty Our statute:
book is repete with acts founded on the distinction
have stated and recognising the institution OF negro slave
ry the ier iegum OF the land not less binding if
written and in force wherever positive sovereign State
legislation has not repealed it.
This rule | have advanced as to the distinction be-
tween the races; and the institution OF domestic servi
ude is expressly adopted the third clause of the second
section of the first article of the constitution settling the
basis of representation and of direct taxes the ede
raj government That clause provides that the ratio shall
be obtained "by adding 10 the actofe number Of free
persons, inciung those bound TO for term Of
years. and ercfiing indians not tared, three tNs Of
all other persons"
The fourth clause of same article, with reference to
cdp,tation tax, contains a like recognition.
The first clause OF the ninth section OF the same article
which provides that "tts migration or importation o.
such persons any of the States no,o eristg shall think
a a not e. [91 "na Dy e Co"ge
or duty may be imposed on such importation not er-
eecdng ten dollars for each person. not only recognises
and sanctions the distinction stated and the institution of
domestic sevtue but the right OF citizens of the States
is recognised by the federal government 10 purchase
slaves in Africa other foreign countries, and TO import
them into the United States slaves at any time prior
to 1903. Up to that pero the Stare trade was sanction
ed by the Jederai constitution.
The third clause of section second, article fourth
which provides that ono person held 10 labor
State under The lars escaping INTO another, shall
consequence Of any la,c or regulation therein, be d,s-
charged from such labor but shall be delivered
up clam OF the party TO lchom such tabor
may be DUE also recognises the institution OF domestic
servilule, and the several States asserting to it,
pressy agreed to yield their aid and assistance TO sustain
It, according 10 the stipulation recitcd.
The third clause OF section eight article first, deegang
to Congress the authority to regulate commerce. with the
Indian trtbes Likewise recognises distinction be-
tween those tribes and the communities OF white cltl
in this government, which, in negotiations with
them and in all our laws respecting them, has uniformly
But ii is asserted that these provisions only recognise
slavery as existing in the States respectively and not
extending beyond the limits of those States This bold
preence the basis of the whole argument by which il
is attempted to uphold and justify the inerposton OF
Congress to break down the distinction between the
whites and the colored racesby prohibiting the nstu
ton OF domestic servltude and placing whites, negroes
and Indians upon the platform of PERSONAL political
and social equality Its inconsistency with the facts that
cannot be controversial to the foundation OF the dis
tncon, and the origin of the institution in this country
is, it 10 me, all sufficient 1t is not
sstent with the principles sanctioned by Congress, and
the construction 1t has placed upon these constitutional
provisions, and their effect, when the very first law
enacted pursu of the authority suppress the for
eign slave trade after the first OF January 1885, (see note
to slave-trade acts in appendiy) passed., That
law (passed prospectvey, March 3 o07) contains pro-
visions to suppress the foreign slave trade but the Sth
section contains also provIso that nothing IN 1t :" shall
extend TO prohibit the taking board transporting
any river, inland bay of the within the urisdic
ton OF the United States, negro, muato person of
color, (no imported contrary to the provisions of this ac
IN any vessel species Of craft whatever" And the 9th
section provides that vessels sailing coastwsc from any
port the United States to any port place within the
jurisdiction of the same,' having board negroes, &c
" for the purpose of transporting them 10 be sold dis
posed OF slaves, be held to service labor
shall provide manests describing the slave and stating
his owners name and residence, and that under the
laws OF the State such slave transported from, he is
held to service labor ,; and the collector of the Gus
toms shall hereupon issue clearance, &c and by the
10th section the collector of the port OF destination is d
reced TO give permit to land such slave production
OF the manifest and clearance, and compliance with The
law These provisions enforced by the infection of
pecunary penalties and by forfeiture of vessel and urn
ture for violation of them
Does this law recognise slavery as existing beyond
the limits and Jurisdiction State where