The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-06-03


establish s~asrship. He asserted. then. that Il
was false propositions 10 call slavery an insti.
tAtlon. They might we'll call wagons or ships
or boats institutions. u was . matter Of fact,
EXISTING as a fact previous TO the Constitution,
independent OF IL, and much more independent
oi ,he law. That was the way slavery exists;
and II II be such an snormity rs gentlemen pre-
'ohded, let thIem unmake the bargain which was
made by the founders Of the Republic, aud not
Imagine that the moral government of the uni
verse VIII adpit bad faith. treaehery, and fraud,
as an excuse for the sin Of slavery. lie main
tanned That slavery came into the land like La /.
laia-rubber, or any other article, and they all
acquiesced il IL. Let them, then. dissolve their
bargain, and make the world believe they were
honest men: but, he repeated, let them not Inn
agine that the moral government Of the universe
VIII admit bad faith, Ireachery, and fraud, as an
excuse for the sin of slavery
tie did not make thin, a political question:
lie question was not simply what action this
ce"ernment could take on IL. But IL slavery
l DOES exist in The Territories without legislation
on the part of Congress or the Territorea--ifit
Do true, or II il De probable, that we are al the
mercy Of a judieatnrs in California, he wanted
nAnow IL. tie wantec TO know IL from the be-
ginning. lie wanted to know what interest he
Was 10 have IN our conquests. He desired that
his constituents should know IL, that they might
iecide, with full knowledge of the subject,
whether they would go TO war Il they were TO
have no share in the conquests which the war
should bring to us. sa
Mr.. BAYLF.--The gentleman had admitted
uisi Congress could not decide IL, and therefore
40 law was 10 oii. The gentleman from South
Carolina said slavery was fact. and thai IL
would exist a fact in the territories which
No may acquire. Well, but the gentleman knew
that there were some others-and some Of them
Learned n mai naain he osit
doeirine- Who, then, was 30 decided The gen
lehman from South Carolina insisted on know
iEg beforehand nov il was 20 be; but who could
tell him how it was TO be- Who could tell how Il
would even probably bel The gentleman who
ProPounded the question was lawyer Of learn
ing and talent: he said that slavery will exist;
why, then, could he not trust the courts 10 de-
eide III Woald he Insist that the courts should
decide tho question before II was before them
Ia must BIS referred to the courts, and nowhere
else for there was no other tribunal TO decide IT,
The gentleman asked how the question was to
te got before the courts, and he Mr.. b. would
tell him precisely bow he might get il there.
Mr.. WOODWARD explained. lie was under
stood to say that he never would make case
FOR the courts under such circumstances.
Mr.. BAYLY would nevertheless tell the gentle
man how II would come before the courts, and
If IL came not there at all, Il would remain a
found in California. A master carries him
there. When he gets there, u 10 found by some
gentleman who differs from the gentlemen from
South CarOlina, that, inasmuch as slavery did
not exist there when the territory was aequir-
cd, Until laws acre pissed 10 recognise II. he
was free. Tie slave then refuses 10 work ior
his master: The rnsster corrects aim: he brings
his action for assault aud battery; the master
pleads that il was moderate correction, which |
lac had right 10 infl:t on his servant; the plea
Is deInarred 81, and the court has TO decide |
whether slavery exists there or not. That was |
precisely the manner In which the question |
eould be brOIgit before the courts. |
Mr.. WooDNAsb had never felt any difhculty |
in seeing how 10 form plea bat he would |
never venture 10 make such a case
Mr. BAviY would put IL TO the gentlemen, |
then. how he could avoid ~ Who could de- |
eide beforehand what would be tie fscti The |
gentleman hae admitted that Congress could not |
settle the QUESTION; who, then, could do it, II |
was obviously impossible that the question |
coald be decided By anybody but the Judici- |
ary."
.sIe would return, then, 10 the remarks OF /
the gentI from South Carolina, Mr. Wood /
wArd,) and lie would say that, IL CongIess
should ndertilie, by unanimous vote, 10 say /
that slavery was a fact Ito the expression Of /
the gentleman frOhi South Caroliha) ia the
territories, thai NOald not bind the Legislature
or Judiciary. unless Congress had jurisdiction |
over the subject. IL would, al the last, csme
before the courts, and il could be nowhere else
de,,ided Had he mott then, The right 70 say. /
csf Loao'-wist good would arise II they under /
took 10 maintain that slavery existed theref-l
Gentlemen. &C nally talented and learned, msin- /
tanned tile revase IL dad not exist there /
until il was Iesalize3 Why, ifrhey Should dis
euss this poinl for six months, unfii every gen |
tlemsn bad made mp an oPinHoIi about d, would |
that settle the question: Reference had been |
made 10 the cssc of bank. ia,d the question |
had been aSkal, how thai was /, party question |
wien il ,:ouid 70 before the Juaieiaryf Did not
tbs gentleman see thai Il YVES pfopefly psrty !
question, BECAUSE this Gov,,rIirneni had TO act |
upon u, and To make charter befons u weai 70 |
the countryf And did not the geHtlemsn know
ttaf u ent before the court oh the question Of
its cOnsttutiO lality, aud thai the cosrt decided
il TO be INSTITUTIONAL Well. then, suppose |
this House should, by twotliirds vote. decids |!
that slavery listed without legislation did that
settle the questionf Still thu case could and
would come before the courts, and the courts
woasd decide the question without reference to
the opinions Of politicians They could not
avoid IL.
But If the gentleman from SiAIth Carolina so
much dIstTust,d has own Opinlcn--if he was so
fearful that the law was agaInss hm--lf he takes
II for granted thai the courts will 90 decide then
he would advise that gentleman to go against the
acquisition Of all temioY, FOR in no other way
could the gent Ieman be relieved. The gentleman
sand be could In the name OF common sense,
let the gentlem an tell hlIn how thus question was
to be settled in advance, If, rs The gentleman
admitted, Congress had no cOntful oveTitl
Mr. WOODWARD rested on the proposition, that
Congress could and ought % legIslate for the
protection OF he nights OF the shareholders as
prescribed by the Constitution. Thegentleman
from Virginia, said the counts had TO determine
the question: Ii that were 80, he never would
consent 10 make case for them.
Mr.. BAYLY. The gentleman now had changed
his position. lie now says Congress, has a right
10 legislate on the subject
Mr.. WooDw ARD said the people OF all the States
we've bound TO deliver up fugitive slaves, ard that
Congress was bound 10 make laws toprOyale that
the judicial proceedings OF every State shall be
taken as evidence in other States
Mr.. BIYIY said that was entirely new Ques-
lion. The night 10 recapture fugitive slaves was
one thing but the question which the gentleman
from South ClTOlina had discussed was a differ.
ent one No min would deny that the provision
of the Constitution TO which The gentleman had
referred 0perasfxt in every State OF this Union;
but the ouestbDa, whether territory was free
OT slave territory, was an entirely different
question. The question which he had been ar
aIing was not in reference TO fugitive, but res
dent slave W th hrs master Would that provis-
ION Of the Constitution enable master TO hold
| mis- slave in Maine or Massachusetts,! Would
I L enable a master TO remove To either of the
free States take up his residence there, and con-
tinue 10 hold lis slave? Nobody would maintain
that. The gentleman tIom Sonth Carolina was
too good lawyer TO believe that; but the gentle
man argued that slavery would exist as fact in