Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1850-07-19
KENOsHA, WIS. FRIDAY, JULY 10, Is


diton Of freedom as soon as they could be fitted
to enjoy it. 1t was thought proper that slaves.
under such circumstances, should be returned
to their legitimate guardians or masters To sup
pose any other constitutional view of the relation
of servant and master, at that day, would be to
convict James Madison, and the other lustrious
Free-Soilers of '76, of hypocrisy in refusing to
let any word implying property in man go into
the Constitution!
But how stands the case now Most of the
slave States have changed their character and
purpose on this subject. Instead of seeking to
ameliorate the condition of this unfortunate race,
they have passed laws that doom them to perpet-
ual ignorance as well as bondage, as the follow
ing extract will show:
sAny free persons who shall hereafter teach,
or attempt to teach, any slave within this State
to read or write, (the use of figures excepted or
shall give or sell to such slave, or slaves, any
books or pamphlets shall be liable to Indictment
in any court of record i'll this State having iuris-
diction thereof, and shall be fined, imprisoned, or
whipped, at the discretion of the court, not ex-
ceedng thirty-nine lashes. - Vide REVISED Stat
utes of North Carolinq, 1880.
Similar laws will Be found in most Of the
slave States.
tits a curious fact, worthy Of remark in this
Christian age, that ST Paul received precisely
the same penalty in his day for the very same
crme-that is for assisting to develop that intel
lect which God had given his children.
The relation this Government bears to this
subject may be still further illustrated by the
fugitive clause in the Constitution providing for
the delivery of criminals fleeing from Justice
This clause, sir, you are aware is similar 10 the
one of which have been speaking. 1t imposes
the same obligation on the Federal Government
to deliver fugitives from justice; yet we should
understand there is some limitation to the exer-
else of this power. Suppose some one of the
States should establish by law certaiA kind of
religion, Gas the Constitution only restraints the
General Government on this subject and make
its violation States prison offence, would Con.
oress be bound to aid in returning fugitive
from such law? Certainly not, although all
such proceedings might not in the least conflict
with the strict letter of the Constitution.
The true constitution of law is to be found in
this maxim: ssThe reasonableness of the law is
the soul of the law" This is equally as good a
rule for our guide in legislation as in jurispru-
dence. If, then, some of the States have per,
verified their preregatives of Goverument, tits no
reason why the Federal Government should
assist the States in the exercise gross per-
version of power, as that which thus seeks to bot
out the intellect of whole race, to the turning
of men into brutes, and thereby robbing itself of
its chief element of power--the intelligence of
the masses!
We should always bear in mind that the OBJ
ject of all good government is to protect the
weak against the invasion Of the strong. 1t was
so understood by the Convention. Hence the
preamble awe, the people of the United States,
in order to form more perfect union, establish
Justice, provide for the common defence, pro-
mote the general welfare,T 3'c.
But a constitutional argument is sometimes
claimed in support Of slavery, from the clause
fixing the basis Of Representation in Congress, as
we'll as from the clause authorizing Congress to
suppress instructions.
The clause that cuts off two ffths of the pop
ulation in every State, so far as its people are
kept in ignorence and slavery, is an argument
itself against slavery. The other clause touch
inc instruction is equally applicable to free as
well as slave States The Constitution, in order
to be pro-slavery, should hold the Federal Gov
eminent responsible to do some act in support
of slavery. 1t is not sufficient that it occupy a
negative position. But sir, let us pass to rap
id view of the one only remaining clause claim
ed as supporting slavery. refer to the one
Withholding jurisdiction from the Federal Gov
eminent over the foreign slave trade for the term
of twenty years.
The compromises of that instrument have been
greatly misunderstood. 1t was compromise as
to iurisdictionrather than of principle. We have
beeu abortng under the mistakes of false ed
ucation on this subject. The argument attemp-
ted by the gentleman from Georgia Mr.. loom
BIS, as also by the gentleman from Kentucky
Mr.. MoREHEAD,] like the quotation from Scrip
ture by the distinguished Senator from Massa-
I 70 bovo 81
ready alluded, proves too much, as the lawyers
sometimes say of witnesses. The argument
that would hold the General Government respon-
sible for the continuance of the foreign slave
trade, at time when the power to control it had
not vet been surrendered to it by the States,
would hold the Government equally responsible
for the existence of highway robbery, or any
other crime which any State might see fit to toll
crate while claiming jurisdiction. Just as right
fully could the United States and England be
severally held responsible for peculiar internal
regulations of each other, which had not been
made subjects of conventional agreement. Now,
had the several original States, parties, to the
constitutional compact, given up to the Confed-
Grafton the control of the foreign slave trade and
then had the Confederation deliberately assented
to the continuance of the slave trade for twenty
wears. the case would have been vastly altered
and then the responsibility would have been
clearly upon the General Government So it
would have been responsible, had the traffic been
tolerated after the termination of the twenty
years over which jurisdiction had been retained
by the States; but we see that, the moment the
Federal Government possessed the power oi
CONTROL it abolished it. and it did so with an en-
phss, by declaring it piracy, and furnishing it ac-
cordingly am, therefore, clearly of opinion
that the Constitution of the United States is an
anti-slavery and not pro-sIavery instrument.
What, then, Mr.. Chairman, ought we to do
Why, sir. report the bill of my colleague, Mr.
DoTY,] providing for the admission of California
without delay and then put it upon its immediate
passage. We ought at once to establish terri
torial Governments in New Mexico and Utah,
and order divorce of the Federal Government
from the support Of slavery Sir when | re-
feet upon the hardships and sufferings of the
early pioneers of California-on the intelligence
and enterprise of her people-on the liberal and
enlightened constitution she has formed, withits
prohibition of slavery, and the adoption of the
Homestead Exemption-and the hesitation and
delay of Congress to recognise in her the great
American principle of self-government | an
ashamed of my country!
TO BE CONTINUED.
"CAN MOTHER FORGET HER OWN Chill
DREN?"-A few mornings since, just as one O
the Steamers was about leaving the dock, two
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