The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-18

OF capture by American cruisers which
would have been Preferred il deemed practicable Their
landing in the United States bus becoming necessary,
question under what jurisdiction they would be
placed when brought into any of the United States
within the lims Of any particular State Territory
Would they be placed under the jurisdiction of the United
states or under that OF the particular State Territory
within whose limits they should be landed Here,
then, the question of jurisdiction, between the Uni
ted States, and the individual Stale Territories as
TO the condition OF persons brought within the limits
sderaton The writer believes no subject ever presented
to Congress, demanded or received more investigation and
consideration the result of which was, that the ursdc
ton decided be exclusively the individual States
and Territories; and the two provisos-o the 4h and 6h
live Interpretation OF the constitution upon that momenous
question
Congress, contained in the provisions OF the lh and 9th
sections OF the BILL give the highest possible sanction 10 the
precedent;
'Is The question Jurisdiction directly and singy
brought into consideration.
sd. The question discussed upon It's own intrinsic
merits nninfuenced by any exlrinsc considerations what
ever Trnth alone was its object, unnuenced by cleo
oneering, any other ianaiical excements.
sd The question from specific poioer grantsd
by the constitution to the federal government growing our
and The object OF the Provisos was 10 draw the precise
boundary line between The granted and the eta"rd power
The greatest possible attention, therefore, bestowed
upon every word of the two provisos
9Th The discussion was long, considerable, and dispas-
sionae and eventnaed in the conviction OF every member
oil both houses of Congress that the Jurisdiction over persons
was with the states respectively The bill passed unani
being taken, and with five dissenting the House of
Representatives Those understood To have
tons.
The principle contained in these provisos produced the
discussion OF the following questions Has slavery existed
thentc of the human have been recorded
Is slavery recognised and sanctioned by the constitution OF
the United Sates Is slavery recognised and sanctioned
by the Holy Scrpures Is slavery recognised and
enforced by the municipal law, of Individual nations and
particularly by the municipal laws of the several States
upon the body or bodies OF others, would have the of
feet of reducing those others state of slavery in
exercising these coercve acts according
to the municipal laws OF individual nations and the sane
lions OF international law!
POLITICAL and PHILOSOPHERS grounds and evenuaIed in the
sensbitles of the times, slavery then and al
ways had been, legal and actual condition OF man. de-
duced from all the preceding authoritative texts. The
the constitution which authorized the passage of
the bill from which the foregoing sections aken is in
the following words;
existing shall think proper admit shall be
hed by the pro. to the year and
exceeding ten dollars for each person.
The preceding part of the 18th secton having inerdcted
the importation United States concludes
follows:
neither @ claiming
ia or to the the 9 labor
ros thereof in violation Of law
ss to s ssy mot as the at @ a
heqfr maketo dposi"s @ any such negro m"ao or per
the importer &c shall hold right title to negro
Nc, who may be imported or brought within the United
States Territories thereof in violation of this law Here
stops jurisdiction of the United States under the orego
ing clause of the constitutional does not pretend to exe
&c. but then proceeds virtually dsclam all right to
such jurisdiction and virtually to declare that such urs
dicton is in the States and Territories within whose limits
such negro &c. may be brought respectively The words
bu the shall REMAIN subject TO any regulations
not the provisions Of this act, ohich the gs
aes of the seueraL States Territories at any time here
after may q as t dTS s q a sn s"s s yn n d
camsr on the par, the United States and
declaration that the same shall REMAIN subject to any
net Va GS ~ & @
hereafter make" &c Here then it will be SEEM thai,
the jurisdiction is declared be in the igs
ercised merely now, but any time hereafter at their
own discretion" (The italics in this all Mr..
Giles's)
And in this same connection permtme to say that Mr.
Adams whose death has created such sensation in the
country was in the Senate at the tme and took active
part in all these proceedings
1t will thus Be seen that Congress, under peculiarly
imposing circumstances, when everything conspred to
produce just decision has soemnly settled this whole
question. And they decided il with singular unanimty
And ! ask gentlemen why they cannot now leave the
jurisdiction over persons where the fathers of the epub
lie have decided it beongs Why will you permit your
fanatcism to carry you SO lar as to violate the constu
toR and every ,h % principle Of
date the Missouri compromise II that compromise is to
operate, it is unnecessary; and gentlemen, in insisting
upon it, repudiate the Missouri compromise
Ana Sente1ncn must excuse me IOr saying that
slider this bad faith upon the part of the savehodng
States. They cannot contend now, they did in.the
debate last winter, that the Missouri compromise
has no application, inasmuch as It only referred 10
territory which possessed at the time of its adop.
ton. We did possess this territory then But [ do
not admit that the Missouri compromise does not ex-
tend to territory which did not then hold admit,
in terms, it does But was it equitable, not
fair far the non-savehodng States are concerned
clearly was not, so far as the south was concerned
there reciprocity in il. But this is mmateral
1t is not the south that seeking to discard it.
Was it not fair far the north is concerned The
conclusive fact which have already mentioned, obvi-
ates the necessity of any argument the propos,
ton of the north ITSELF carried by northern potes against
southern Uotes and southern protests In favor of the Mis-
sour compromise every senator from the slave
of Representatives every member from the States,
except five, also voted for H. The north at least, is
estopped from complaining of IFS inequality. If it
was fair and equal as far as the territory then pos
sessed concerned, why will it not be far the
territory to be acquired hereafter is concerned How is
it. that in reference TO territory hereafter to be acquired
equality IL not equity Upon what principle is it, that
treasure OF every portion of the Union 10 be appropra
ted exclusively 10 aggandze and augment the power OF
one Sir, this Union rests upon the basis of the most
perfect equality among all its members and whenever
the government of is administered for the exclusive ad-
vantage of any portion of it, its days will be numbered
In the Of Texas the Missouri compromise line
recognised as extending to territory to which it lid
against applying il to Texas 1t is true we did because
for the reasons have given did not think Congress
had the power to do it, But it proposed by gen
tleman from n-slaveholdng State, and it carried
by the representatives of the non-savehoding States
We could not vote for IT, but we acQuesced. Notwh