The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-01

brought into either State for sale And by The laws Of
Maryland slave could be imported on brought into that
and all slaves brought into the State were declared
This law Of Maryland not only prohibited the slave
trade in the county OF Washington ormerly part OF
Maryland but il also prevented the master from bring
ing his slave reside in the county OF Washington either
from Virginia Q, from the county Of Alexandria
In order 10 relieve the inhabitants OF the District from
the inconvenience resulting from the prohibition Of the
law Of Maryland relative TO slaves brought into the Dis
trct to reside, Congress passed the two laws which
will read: Af
.That no part Of the laws Of Virginia or Maryland de-
oarsd By an act q Congress passed The 9Th day q
10 prohibit the owners Of slaves to hire them Within or
remove 70 the said District in the same way was Prsc
approved ID May, iso2l
That hereafter II shall be lawful for any nhabant or
inhabitants In either OF the said countless owning and pos
sessing any slave slaves the ein the from
county into the other and 70 exercise freely and fully
therein which would Be sed over him. her them,
in the county from whence the removal was made. any,
approved June a. 1912.
of Congress which repeats the prohibition against the
slave trade contained in the laws Of Maryland And
this odious traffic is now carried ON against law and
in opposition to penal statute passed by slave State
Yet sir the abolition of the slave trade in the District OF
Columbia is made grave charge against the free States
and believe il Is stated in one OF the Virginia resoa-
District will be considered such aggression upon the
rights OF that State will authorize her to resort TO ute
ror OF redress beg that respectable State If
she preparing to take any measures whatever Y resist
what she calls an unconstitutional aggression by the
North in the first place TO ascertain whether the aggres
sion exists at ALL and in the second place. does mol
exist, whether its existence il to be attributed to the
North This ends, sir, the second aggression charged
in the Southern Address.
The third aggression charged upon the free States is
that they have combined together for the purpose OF
Jag laws prohibiting the extension Of slavery into the
Territories Of the United States Now. before proceed
to consider this charge desire the rst place. TO state
what consider 10 be the true position OF the North on
this point We believe, sir, that we have the cons
tutional power to prohibit slavery IN the Territories
Secondly, claim to exercise the power only
Territories free at the time when undertook to
else that power; and thirdly, we never have exercised
that power Territories legally subject 10 the instin
ton Of slavery at the time the power exercised Sir,
these no new positions Congress has acted upon
these principles ever since the establishment Of the gov
vernment II has become the settled policy OF the gov
eminent 10 prohibit slavery in the Territories where i did
not exist at the time they were organized into territorial
governments And call upon senators to point out, if
they can, single case where in the formation OF
oIia l. the Wimot p1ysc has been
at the time. There is not single casenot onein all
the laws passed by Congress upon this subject, The
policy has been pursued with regard to our foreign
acquisitions In all the Territories acquired, where
slavery existed at the time of the ACQUISITIONS there has
been no interference with the institutions but where the
remain free, The South has TO complain OF
spolcy Thus far il has operated greatly to their adj
vantage.
Now sir, as to this constitutional power OF Congress
legslae upon the question Of slavery the Territories
have doubt of the constitutional power But this
point has been SO ably argued by gentlemen who have
preceded me, shall rot deain the Senate with any adj
diIional reasoning OF my own. prefer at this time
to place myself where the well settled construction
has been given to the constitution by all the departments
of this government. hold that ii has been long and
well established that Congress has the power if il thinks
proper exercise it. Until within few years past the
power has not been questioned by the South We exer-
cised il without opposition when, In 1904, we estab-
shed the Territory Of louisiana where slavery existed
at the time. In the law creating the territorial gov
eminent for that Territory, Congress prohibited the slave
trade within its limits that is the bringing OF slaves
into the Territory BY persons who not bona fde
owners, and who removed there for actual settlement
read from the act
"No slave or slaves shall be directly or indirectly intro
States removing into said Territory for actual sesteens
and being The time OF such removal bona de
into said Territory contrary the provisions Of this act,
shall thereupon be entitled to receive his her freedom
Now sir, it is said that the exercise Of this power by
Congress regulating slavery in the Territories is most
fragrant abuse and aggression the rights OF the South
yet find that in 1904, in slave Territory too, Con-
did, without opposition exercise this power Many
other might be named OF the like exercise OF the
power, but will not stop to cite them now While
upon this branch OF the subject wish TO notice part
oil the very able argument made by the distinguished SEN
ator from Georgia Mr. BERRrES relative TO the consii
utonal right OF the South TO carry their slaves into the
Territories II understood his argument CORRECTLY Il il
founded upon the equality OF the States the time OF the
adoption OF the constitution that they, being all equal
have equal right to the enjoyment OF all the prop.
erty and territories OF the United States, and that there
fore, if exclude slavery from the Territories we de-
prve the slave States OF their equal rights secured to all
the States by the constitution Now, beg leave to
mark in the first place. that although be that the
States all equal at the time they entered into the
Union, and that the constitution recognises their perfect
equality yet it is equally true that the only mode in
which the constitution guards and that equality
in the administration OF the government the passage
laws, and in the disposition Of national property, is by
giving to each State equality OF representation in the
national legislature In the Senaie the States stand upon
la perfect equality; small and great, all equals In
the other branch OF Congress the equality is preserved
by the ratio OF population in the respective States This
is the great principle OF equality between the States
imboded in our constitution. No law be passed by
Congress without each State and all the people OF the
States having voice in the passage OF the law. No law
can be passed dsposing Of the common property Of the
nation, or regulating the government Of Territories,
without every State being equally represented in its pas
sage; and II majority OF the representatives from the
several States pass such laws they cannot be resisted
upon the ground OF inequality The senator also said
SUPPORT oil his position that II this proposition to prevent
the people of the slave States from carrying their slaves
into the Territories OF the United States had been urged
at the time of the adoption OF the constitution the con-
sttuon would have been adopted and so far did
the senator push this, his point Of equality between the
States. that he said;
81 msinain and II IL should be my fortune be called
upon TO maintain II before another tribunal would
tain there that express provision In the constitution
erfeng with the exercise OF the equal right OF free czens
would have been princt-
lnlA rl -.