Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1849-01-19

NO doubt the same oOllgallonS Wohld rest
upon the hirer that now rests on the Govern
ment, and no more.
But the gentleman from South Carolina
mir. Burt says, that the act of 1915, levy
ing direct taxes, recognizes slaves as proper
ty. That law provides, that such tax shall
constitute a lien upon the real estate and up
on all slaves of individuals upon whom said
taxes shall be assessed.' My presumption
is, that this bill was drawn by some southern
man who did not reflect that slaves were less
property under the Federal Constitution than
they were under the laws of the slave States.
The gentleman does not pretend that at the
passage of that law, the question whether
slaves were persons or property, was raised
or discussed or thought Of. | need not say,
that a bill passed, sub s)ilentio, constitutes no
precedent. In our courts Of justice, the Judge
takes no notice Of questions not made by the
parties, nor do the proceedings Of a court
form any authority on points not raised nor
discussed by counsel, nor examined by the
court.
The case of Depeyster, TO which | referred,
was a stronger case than that of the law Of
1915. My friend from Pennsylvania, Mr..
Dickey, as well as myself, stated that that
case passed when no one knew it,. ! knew
that my lamented friend (Mr. Adams) and
myself, both intended to oppose its passage,
and we were both watching it; but it got
through when we were unconscious Of it,
Does any mani will not say lawyer-sup-
pose that It's passage constitutes any pTece-
dent showing that slaves are property? Yet
this law Of 1915, so far as we know, receiv-
ed no more attention, Cor at least that part of
it relating to slaves.) than did the act for the
relief of Depeyster. 1t can, therefore, con-
stitute no precedent.
The force of a precedent consists in the
respect which we pay to The judgment Of a
former Congress. 1t is therefore necessary,
to give a precedent any force whatever, that
the judgment of the tribunal should have been
exercised upon the question and it is imma-
terial whether it be a judicial or Legislative
precedent. Thus, in each case that | have
cited as presidents either in this House or
in committees, you noticed the questions now
under consideration were discussed, and de-
liberation had, and a Judgment given upon
the point before. Now, sir, let me say, with
all due respect TO southern gentlemen, that ]
challenge them 10 produce an instance in
which this House, or the Supreme Court Of
the United States, or any respectable court OF
any free State, has decided siaues 10 be proper
~ under The Federal Constitution, in any case
where that question has been raised, discuss
ed, or examined. / desire TO see gentlemen
come TO a definite issue on this subject. |
wish TO meet them fairly and distinctly. They
must admit that the trainers Of the Constitu-
ton intended to exclude from that instrument
the idea that there could be property in man.
To that point | intend to hold them. And |
call upon them to meet the record of Mr..
Madison, TO which | have referred. Let them
deny that record, or carry out the intentions
of the trainers OF that instrument.
The gentleman from South Carolina Mr..
Burt says he "should like 10 know what
was contemplated by that clause in The Con-
stitution which stipulates for the surrender of
fugitive slaves, unless it be that their own
eTs hold property in them" | answer, that
clause means Just Whai IL says. 1t gives to
the holder Of slaves the right 10 pursue and
recapture them in a free State, precisely as
it gives me the righttO pursue and retake my
apprentice or my son in any State to which
he may escape. 1t no more admits the slave
TO be property than it admits the apprentice
or the minor 10 be property. | AIN tired of
hearing this clause OF the Constitution quoted
to prove almost every doctrine advanced by
southern men. It's provisions are of the most
plain and obvious character. 1t merely pro-
vides for the recaptuTe and return Of slaves,
and nothing more.
But my hour is nearly expired. I and my
constituents hold slavery to be a crime of the
deepest dye. The robbing a man of his mo.
ney or property, or the Selling of his ship up
on the high seas, we regard as grievous Of
fences, which should exclude the perpetrator
from human associations for the time being.
But we look upon those crimes as of small
importance when compared with that of rob-
bling a man of his labor, his liberty, his So
cial, his intellectual enjoyments; to disrobe
him of his humanity, to degrade and brutal
ize him.. On this account we protest solemn
ly against being involved in the wickedness
and in the crimes of that Institution. To-day
we are asked 10 pay our money for the liber-
ty of our fellow-man. We hold that he was
endowed with that liberty by his Creator ;
that it is impious, and in the highest degree
criminal, for one man, or for a government,
10 rob any portion of our race Of their God
given rights. AS the representative of a
Christian and a moral constituency, ] deny
the right OF Congress to involve them or me
in the support Of such crimes. BY our COM
pact of Union, no such power is delegated
10 Congress-. by the passage of this bill
we shall become slave dealers ourselves
) traders in humanity. The people Of one
State shrink from the foul conIagion. With
} Mr.. Gerry, we hold that g iUe hare nothing 10
do Wih siarery in the SiaieS, Jui we ,riH b,
e careful not 10 give in any Sanction;' with Nh
Madison, we hold that :" IL WouH be ur0na 4
t admit that there can be property in mans" anC
e with the signers of the Declaration of Amer
lean Independence, we hold that it is a "sed
n evident truth that all men are creaied eouat'
5 We believe our rights 20 enjoy these doctrine
unmolested by this Government are as cles
n and indisputable as are the rights Of the slay
o States 10 deny them in theory and in p%racticl
d We claim no superiority of privileges undI
d The compact. We admit Them, under ii
= Constitution, 10 enjoy their slavery unmoles
y ed by Congress or by the free States. ]
d blessings and its curses, its horrors and i
disgrace, are theirs. We neither claim Il
d one, nor will We share in the other. "
n will have no participation in its guilt. :"