The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-14

the honorable senator comes He claims the right to
plant The seeds OF this institution IN Oregon Yes SIR to
plant them everywhere; and, while you extending
the aTea of freedom" he is covering that area OF free
dom with cloud OF slavery. repeat the question In
which provision OF the constitution Is such doctrine to
be found In what provision can you find the basis
from which such an inference can be drawn'
Mr., BUTLER. would ask the honorable senator
whether he supposes that the passing from slave
holding State with slaves, ammo reUertend would rem
der them free?
Mr. PHELPS. | hold that the master who takes his
slaves into free jurisdiction, whether it be
endi not, emanclpates them and | hold that this
emancipation does not depend upon the will OF the mas
ter, but rests upon the principle OF change OF jqrlsdc
ton. The master, by placing himself and his slave IN
any jurisdiction, subjects HIMSELF his slave and the
ation between them, the local laws of that jurisdc
ton. The same result would follow if the slave es-
capes In the absence of the constitutional provision for
ecaptue the fugitive slave arriving upon the soil where
slavery is not recognised becomes free This is the
doctrine OF the English common law We have been
amia with it from our childhood; | need not repeat
the language of the celebrated Irish orator. with which
all familiar TO establish the position that the moment
slave sets foot upon the soil OF England the shackes
fall.
We have proof of this in recent transaction. The
slaves OF the Creole who munied, overpowered their
masters, and took refuge IN New Providence, not
surrendered by the British government but your appca-
lion was refused The thing occurred in the OF
the slaves OF the h%stad We refused to regard them
eve, has been sanctioned everywhere wherever there
has been anything like judicial action the subject II
am asked if approve Of this doctrine thus held by the
courts. answer, without hesitation yes; because the
converse of that doctrine would place the slave power
above all the institutions of this government If the
converse of this doctrine to obtain, and the property
of the master in his slave to be recognised every
where, it would be in the power of the slave by
simple transfer OF what he calls property, to establish the
institution in any of the States in disregard of its laws,
and defiance of the wishes and power of the people
Such result is too monstrous to be claimed on the
hand, admitted the other. The provision of the
constitution for the reclamation OF fugitves, often
cited as importing constitutional recognition of slavery
| contend Without this doctrine the provision is
unnecessary. 1t is because the relation of master
and slave is recognised, and would not be en-
forced out of the jurisdiction tolerating slavery, that
the provision became necessary. Sir, the doctrine Tor
which | contend is that upon which the whole slave
holding portion OF the Union have relied for the protec
ton OF their peculiar institutions and OF that species OF
property which is incident to them. If slaves to be
regarded as mere property mere merchandise what shall
prohibit Congress- IN the exercise OF ITS admitted power
10 regulate commerce, from regulating the traffic among
the States Sir II Is upon this ground and this only
that slaves not TO be regarded in the light of mere
proper,y that this on the part of Congress has
been resisted and this ground and this only has the
power been dsOWned.
find fault with this provision for the reclamation
OF fugtives / perfectly content that these slaves
should be reclaimed cheerfuy concede to the slave.
holding portion of the Union all that they reasonably
demand, and will aid in maintaining their rights as they
recognised by law and founded in the compromises
the constitution But am unwilling that they should
impose this institution upon people by whom it is not de-
sired AS have already remar ked, every person that
=
there with such rights as the local laws recognise He
can claim other; he claim immunity or
exemption from the jurisdiction under which he chooses
10 lve All he can ask is, to stand upon the same
footing as his fellow citizens. But says the sena-
tor from Georgia. shall not stand on equali-
y, because we cannot take slaves there But
cannot the Territory be occupied, possessed and en-
oyed without slave population Is 1t indlspensaby
requisite to the enjoyment OF Territories OF the United
States that should carry this institution into them
Can they not be peopled, and cannot these
mites grow up and prosper without the aid of this nsti
tuition For the first time. believe, in my life, have
heard doubts expressed as TO the consutionaly and
proprety of this prohibition of slavery Be it constitu-
tona or not, when gentlemen tell me they cannot enjoy
their rights without the aid of slave population, ask
them to look at the territory to which the ordnance of
s7 applies and then tell we whether this institution is
50 Indispensable to the enjoyment of territory Visit
and behold the results of this prohibition of slavery.
That, civilized community, is hardly as old my
recollection for recolec very well when the first
siderable emigration to Ohio took place. They
abed occupy that territory, and lay the solid foun-
datons of the great and growing prosperity of that
State, without the aid OF slave population Will it be
violated by excluding this institutions Did they
live there and flourish without Can the people of the
South then, not live in Oregon without their slaves
Can they not be successful without them the peo
pie of the North have been in planting their settlements
in the West Is slavery really necessary to the progress
of this peope'
Let gentlemen compare the present condition of that
portion of Union covered by the ordinance of 7S7
with the older States where slavery exists, and they will
ma the answer ne argument tlat the exclusion oil
slavery will exclude the people of the savehodng States
from the benefit of the territory, that the terri
tory cannot be peopled, cultivated and enjoyed without
the aud of slave power If this not made out the agu-
ment fails Ii the arts and occupations OF civilized life
be established there and the great ends of the social
system and OF civil government attained without the
institution of slavery, then the institution is mode Of
enjoyment merely, not essential to the rights of the pro-
prieors, and therefore, legitimate subject of regulation
by the majority-in other words, OF legislation.
You cannot of course deny to any of the common
heir hp opprNr
but certainly you regulate the mode in which
they enjoy 1t. You make all these regulations
which necessary for the common benefit and adop
such legislation may best promote The prosperity
and happiness of the whole If in the exercise of YOU
Judgment a particular institution stands in the way oil
the accomplishment of this great object OF the com
mon good, you prohibit it. This question of slavery
in the Territories reduced, then, simply TO the
mode of enjoyment of that which is the property of all
The question of slavery the Territories thus becomes
legitimate subject OF Legislative action 1t is mere
question of expedency, of sound legislative discretion
oppose these doctrines TO the proposition that possess
no power TO arrest the progress OF this evil that
power earth that interfere is that of the people OF
the Territories when they come to form State consi
tuition Sir prevention is altogether better than
Ii the melancholy experience OF the country
illustrates, to prevent the introduction OF this system than
10 eradicate it when established.
The senator from Georgia desires that, before the for
nation OF these State constitutions the slaveholdng in
erest shall be represented there Sir desire such
thing The extreme difficulty and danger, perhaps
might say the mpossiblity of eradcang the institution
when planted, is nsuperable objection, This
consideration of the hazard the peril OF radical
change the domestic arrangements OF any people, con
sutuies the great bulwark of slavery at this moment