The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-06

~ to the right OF the citizen should be actively prevent
It will be no answer to tell me- that what is property
in State or community moi necessarily so IN an
other That continues to be property, in territory OF the
United States, which rs recognised as property IN me
State OF the Union from which the citizen brings IT.
The trustee OF the States much the agent OF one
State as another and bound to reverence aud regard
The institutions OF each The tenure by which property
in slaves held must be treated by the federal govern
ment as rghu tenure, and be protected as properly
so long IT Is permitted by State of the Union This
is not the government of the people OF New York any
than the people of Virginia Ii is upon this prln
cple that the constitution authorizes the recapure OF
fugtves, and that the federal government has always
claimed indemnity for injuries done by t3Tegn nations
to the slave property of citizens OF the United States
The federal agency created much by the people
of the southern States, for the protection and benefit OF
themselves and their property as was by the people OF
the northern States Ii is the government OF the whole
because is the government OF each OF the States and
not the government of EACH because it is the government
of the whole Each adopted it by itself and for itself
Hence in their federative character slavery is legal
institution OF the people OF the United States and It fol-
lows as consequence that upon ederatve territory,
property in slaves is legal tenure.
Ii the United States cannot rKhttully so discriminate
as to exclude citizen OF of the States with his slaves
from territory of the United States nor destroy nor dis
turb his rghtful property in them neither indirect
do So either by deegang such authority to agent
for the act of the agent that of the principals nor BY
dequtesecs in usuped authority over the subject by Its
agent for acqnesccnce when there Is power to prevent
is adoption But on the contrary, the United States
government is bound, by an active exerton Of It's au
thoy, to protect and maintain the rights OF all cizens
legally nhabDg tertory for the exercise of jurisdic-
ton having been confded TO the general government no
other power can interfere for the purpose There is no
legitimate authority within the limits OF the territory ex
cept as derived from the United States; and constituted
as Congress 49, the trustee in possession il must guaran
y the just rights of all interested, and can only fulfil
this obligation of guaranty ny an active suppression OF
whatever may threaten injury to those rights IT, then,
citizen of State has right to go upon the territory
with his slave the United States bound to guaranty to
him the security OF such his property against all interior
nnr fhA nf tho
hbt by its mandates and prevent by the public force
any such interference from any quarter,
But aside OF all other arguments the general prlncl'
Piles OF right sufficient TO the resolution OF the ques
The States united equals and the citizens of the
United States are associated as equals From this it fol-
lows, that both States and citizens equality in the
advantages well as burdens OF the common property Is
to be observed
fendorf, book |, CHI s. S9) is either expressly, or
least tacitly made between the society and the men,
bers by which the society engageth to give him just
share and proportion of the goods which it enjoys
common body and the member promseth that he will
bear his proper and equal part OF those burdens which
conduce to the preservation OF the society," considered as
such"
Vattel (p 1lO speaking of common property, describes
il being I" common all the citizens who take ad
vantage OF it, each according to his necessities or accord
ing TO the laws which regulate their use And, after
stating that he rules hold good as to corporate
property with respect TO the members OF the corporation,
and to public property with respect to the whole naton
49,, ~. : u
equal right to the of its common property But.
respecting the of enjoying ii, the body OF the cor
poraon may make such regulations as they think proper
that EQUALITY which ought to be preserved in commu
MON of property Thus, corporation may determine
the OF common forest or pasture either allowing
all the members according to their wants. or alotng
to each equal share; but they have not right TO er-
clde any one of the number or TO make d.Sindon to
his Disadvantages by assigning hun less share than that
of the others"
Nothing could be more happily expressive of the rights
of the people of the United States, in respect TO the coR
mon property in Territories. 1t equals that the
States coneerated and justice requires that their equal
ty should be regarded in the whole administration of the
federal authority. If the States to be regar led as
with respect to independent States well applies to Their
relations 'None naturally lay claim 10 any superior
peregave, for whatever privileges any one of them de-
rives from freedom and sovereignty the others equally
derive the same from the same source"
If may borrow an illustration from the ordinary
case Of JOINT or common property among Individuals
will be admitted by ALL that while all the jont-owners
bound to equal contribution, all are alike entitled
to equal ad yanta2es IN its use.
need not enlarge upon the importance Of justice in the
conduct OF governments 1t is the basis OF all society;
and without it, ORDER and all the other virtues OF social
and pocallife, would soon depart Its observance IS
more important with nations than Individuals and
above all should it be attribute OF associate and con-
federate nations, united States No voluntary asso-
citation long endure which is not ruled by justice.
Before proceeding to another point In the Argument l
will notice. passing an objection that may be hastily
made by some, to the absolute dependence have shown
to exist on the part of the inhabitants of Territory
wards its sovereign 1t may be supposed that regard
inhabitants of Territories to be merely vassals
subjects By no consider that the citizen OF
State of the Union who goes upon territory belonging to
the United States, goes there citizen of the State of
which he is member and does not lose that relation
his State while resident in the Territory, until he be-
comes member of State, by the organization of
the inhabitants of the Territory into sovereign com
muny under the sanction of the United States II is in
that character that he continues be entitled to the
guardianship of his State, and the protection of the Uni
ted States all his rights including those OF property
AS regards inhabitants whose allegiance is acquired with
else relation Let suffice, that l. for averse TO
any acquisitions which bring with them any large body
of inhabitants not prepared for early organization into
sovereign communities.
Mr. DICKINSON If the senator please, desire to
certain his views fully, by propounding one or Two
questions.
Mr.. YuLEE. Certainly
MIR. DICKINSON. First Suppose Canada should be an
xed to the United States without any change IN her
laws would the institution of slavery exist there with
out legislation!
Mr. YULEE. Ii Canada was acquired as territory, any
citizen OF State OF this Union could go upon with his
family and property, slaves as we'll other, and would
be entitled to reside there securely under the guarantees
of the constitution, while continued TO be part OF the
territory belonging to the United States.
Mr. DIckiNsoN. One further question. Can Congress,
any other legislative body exercise any authority or
control the subject long the territory annexed
remains Territory
Mr.. YULEE. Neither Congress nor any other legisa-
tive body would have any authority 10 pass law by
which the properly OF citizen, going rghtfuly upon
such territory, could be dvested-no matter whether
such property consisted slaves anything else But
Congress would be bound, by its duty as the common
bnN ala Nf 49, tzt-- J~,- ~.ll