The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-28

MIR. GlDDlNGS said he regarded il as very
desirable that gentlemen should understand each
other, and that the issue between US should be
defined, in order that the country might under
stand distinctly the questions on which we differ
Complaints are made and reiterated by South
ern gentlemen, that we are encroaching on the
rights of the slave interest but there is an appar-
ent reluctance to come down to particulars, aud
TO define those rights which they alleys have
been invaded. The gentleman from G eorgia
Mr. TooNBsl told US, in bold language, that
thus IS a pro-sLarery GOUeTAmca,o But how far
or in what respects 1t is such, he has not pointed
out. Was it founded solely, or in part for the
support Of slavery for the purposes Of oppres-
sion2 He tells Us that we "0ye bound 10 plaiiioui
The dominion Of he Shareholders orer their siares nth
our blood y that we are Jopad 10 CARR slarsrs
TDhTeUsr our flag floats and ne hqvs ereluire jisdc-
fionn
Now, if this be the doctrine of the Constitution,
gentlemen of the North ought to understand it,
Duty admits Of no medium course by which we
shall keep our covenant IA part, and violate it in
other parts.
we ot the North, SlSs Ss,,.f,9i5. "a Ssi1T0iCh-
ments upon our rights. These should be pointed
out with precision and maintained with frmness,
or they should be abandoned and surrendered
There is no intermediate course consistent with
duty. |, for one, discard all compromises and re-
1ect all offers 10 compromise. | came here TO en-
force to carry out the provisions Of the Coustitu-
ton, not to compromise nor to surrender the
rights secured to us by that instrument
regard the constitutional obligations of this
Government towards the institution Of slavery as
too obvious to be misunderstood by statesmen
The line Of demarcation which separates the peo-
pie of the fresStates from the support of slavery
has been so plainly drawn. that it would seem no
intelligent, unprejudiced mind could mistake it. II
is, however, true, that much Obscurty is thrown
ouIi byyth a itv nd ha &c
try of those who profess to reason upon it.
Much has been said about slavery being the
Creature of municipal lawn Men in both political
parties now urge that slavery cannot exist, I'M
less sustained by municipal larrn They say that
this is the doctrine Of jurists that the most
profound judges have so decided. Others deny
TIA &sI<IiuS Now, .wkes "a 65e fact History
shows US that it was introduced into Virginia
and existed there for years, without any NUM-
cpal regulation or authority. We know from
history that it existed in each of the slave States
Of this Union long prior TO the enactment of any
laws on the subject. 1t found its way into Oregon,
into California, Dessret, and, if we are to credit
reports it has been in New Mexico, with
out any law IL has been sustained in all
those States and Territories, not by municipal
law, but by the superior physical and intellectual
power Of the white over the colored people
This was slavery in fact, but not in law. For in
stance: slavery continued in Ohio, even against
the provisions of our Constitution, and in vioa-
ton Of all our laws as late rs the year 1910 1t
exists in Illinois TO this day. Slaves are there
bought and sold, not merely wHhOm law, but
against law But when tn 1se slaves become intel
ligent and claim their rights before any court,
the Judges say that "sQreTg is Be crCatVre n
municipal eQqctm,R'; that Mae is no Sach eUacBieM
IN Illinois, anil MJeiOre Here IS no slorery II
Tint S'a'eo The judge means by this, there is
no legal slavery there; while all are aware that
horn bp1 4 in nki tula 70 an
pressed and degraded, sold, and transferred from
one pr0fessed owner TO another for the reason
that the existing laws Of that State are not en-
forced
In state Of nature, the rights of all men are
equal but the superior intellectual and physical
power Of one man is often cXerted to subject
others TO his will. In that State, however, each
possesses the right of selfdefencer Not 40 in
slave States. There, the right Of the slave to
protect his liberty, or his life, is taken away by
the laws Of such State. For instance: if u slave
in Virginia lifts his hand against his master in
selfdefencc, the master may at once Stay him
with impunity. But this right of the master de-
ponds on the law o; that State and the moment
the master goes beyond the jurisdiction of that
State this right ceases. Let him hiring his slave
to Ohio, and the moment they stand on our sol,
under the jurisdiction of our laws, the slave be-
comes n MN, possessing the equal rights and
powers, and privileges, with the master. Such is
the case whenever they 60 beyond the jurisdiction
of Virginia into free territory.
These principles have often been advanced.
They were flE,ilar to our fathers they bad
been declared by the courts Of Great Britain,
prior TO our Revolution Slavery at that time
was discounenanccd in oil the colonies, excepting
perhaps South Carolina and Georgia,
My colleague Mr.. CAMPBELL has shown in an
able manner that the objects of the people Of the
South, before and at the commencement of the
n1,,H,n ibn fra hOl ~ ulp "
and of all slave laws. These objects were pro-
claimed in language most direct and appropriate,
in 1916, when entering upon the war Of the Rev
olution. After the close of that memorable strug-
gle, the COnfederated Congress, in 1888, sent out
an address to the People of the United States,
penned by Mr.. Madison in which they say,
Let il be remembered finally, that it has been
the pride and the boast Of America that the rights
for which she contended wcrc ne rigMS Of humGH
naiuren These sentiments then prevailed in all
the States.
Each State ut that time held jurisdiction over
it's western territory, and so far as its ships were
concerned over the high seas. Thus the laws of
Virginia extended over her northwestern terri
tory and over all ships belonging 10 the people Of
that State while sailing upon the high seas and
slavery of course, existed both in that territory
and on board every ship thus subjected to the
laws of that State
la 1856, she coded her territory to the United
States The Jurisdiction was transferred, her
laws ceased to he in force there and slavery
ceased with them. By the Ordinance Of 1887,
Congress consecrated that vast region to freedom,
by ordaining that slavery should never more ex-
ist there This was expected by the people.
They desired it, Up to this period, each State
held jurisdiction upon the high seas, and slavery
continued to exist there But the convention
then in session for the purpose of framing the
Constitution desired to make the high seas also,
Il atn ,Ra,g Nn1n m
retaining the slave trade; Northern members
would not 20 into union with people devoted
to that commerce, with powers to continue 1t
indefinitely, and compromise of the subject
was the result
By the sth section of the first article Of the
Constitution, the States surrendered to Congress
all jurisdiction over commerce and navigation OF
the high seas and by the ninth section of the
same article, it was provided that Congress
should not prohibit the slave trade until the year
1905.
This stipulation, connected with the history oil
its adoption, shows in the most conclusive manner
the hostility then existing against that commerce
in our own species All expected that IL would
be abolished ut the earliest moment ut which
Congress should possess the power TO carry into
effect the wishes and intentions Of the people
Acting in accordance with this expectation, Con.
gress prohibited the importation Of slaves, under
heavy penalties by statute enacted in 1907, but
which did not take effect until the LIST Of January
1908.
This compromise Of the Constitution ha:
been fully clrritd out. The South enjoyed
the benefits Of the slave trade for the time stpu
lated, and the whole matter has passed by forever
Yet, this compromise is cited by the gentleman
from Georgia TO sustain the doctrine that this is
pro-slavery Government" and the power
given by the Constitution for Congress to pro-
hibit slavery under our flag after ls0S, he