The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-10-10

tories has the power Of fulfilling this stipulation
according to the spirit Of 1t without any specihc
constitutional provision to confer that power,
since they have jurisdiction over the Territories
for all municipal purposes whatever
Mr. CHASE replied IL assertion were argu'
ment, and denunciation proof then, Mr. Presi-
dent the positions have taken might be affected
in some degree by what has fallen from the SEN
ator from South Carolina. Ii is quite easy to use
epithets but epithets prove nothing. IL is very
easy to say that q proposition is extravagant"
aud perverse )" but, after gentlemen has graf
fled his taste by such application of terms, the
proposition remains just as it was before.
should prefer to hear some argument in contra
vention Of the position | maintain. | am, trust,
as op n to conviction as any gentleman upon this
hoor-as little willing and little likely to ad-
vance propositions which can justly be denomnat-
ed perversen or "extravagantD as any other
gentleman
What have | said That the common law
prevails in this country the rule Of decision
for the Federal courts and the State courts gen
orally except far it is controlled and mod-
fed by the Constitution of the United States
Does anybody deny that II not, what have been
the results of the application of the principle?
BY the courts Of Louisiana, it has been held that
a slave taken to France, and having set his foot
upon that soil, though but for a moment, was no
longer a slave and, although he might be brought
back to Louisiana, his freedom would readha
Such also were the earlier decisions in Missis-
sipp IL may be, however, that the course Of ad-
Indication on this subject has undergone some
modification there
Now. what was the ground of those decisions
Ii was, as said before that common-law princi-
pie, or rather that principle of universal law,
which afirms that slavery is Locals dependent
upon the municipal law for its existence and con-
tinuance Slavery is an Institution Of force, and
not of right, as our law books telch-the private
force of the mas er being made efficient and sufii-
cient by the public force of the State. When,
! therefore q person held n slave passes beyond
the jurisdiction within which public force can be
invoked in aid of the private force which would
subject him to slavery he is no longer slave
| He is a man ; and he is where the power which
made him a slave cannot follow him. He is free
therefore That is all there is of it and that, 1t
seems to me- is sound logic Ii is a legitimate de-
duction from unquestonable premises. If gentle
men can show that the premises are unsound, or
the conclusion erroneous, let them do So
Now, sir, few words in answer to the Senator
| from Connecticut He thinks We may legslate
for the extraditon of slaves escaped into the Ter
ritories, although the clause of the Constitution
under which we act, does not extend to the Ter
ritories at all Now, | ask the Senator where he
finds constitutional power to enforce the surren-
| der of slaves escaped into the Territories What
| clause of the Constitution confers it VIII the
Senator say that slaves psAaAt ia SD
Of the States into the Territories remain slaves
IL he says that, | understand him. TIL is the
modern Southern doctrine Does he say that
these persons, if fugitives from service, may be
delivered up under the general power OF Congress
over the Territories? That also, is position
which understand The point of difference be-
tween us would then be this: | maintain that
| bou IN authOriZp sanction
slavery in the Territories, and that, inasmuch as
all Territorial legislative power is derived from
Congress there can be, therefore, no Territorial
slavery; while the Senator insists that quail.
fed right of the master to the slave the right Of
reclamation, may be created by Congress in the
Territories
The Senator denies, however, that the condi-
ton of the person, thus liable to be surrendered,
is slavery. lie denies that the Constitution
tinues the condition of slavery in the case of
| slave escaping from one State into another lie
insists that the fugitive is not property in the
non-slaveholding State. In that as legal prop
osition agree with him but this will furnish no
warrant for the legislation contemplated by the
| section which propose to strike out The opin-
| ion which the Senator and myself entertain has
not yet received the sanction of the courts Our
opinion il not the law; quite otherwise The
Supreme Court, in the case of Pennsylvania rs
Prigg, decided that rs between States the condi
ton of the fugitive slave remains in all respects
the same in the State into which he escapes rs it
was in the State from which he fled. This is the
language of the court
"The clause contains positive and unquali-
fed recognition of the right of the owRer the
Slaue- puts the right to the service or
labor on the same ground and to the same extent
in every other State as in the State from which
| the slave escaped, and in which he was held to
service labor. IL this be 80, all the incidents OF
the right attach also. The owner must, there
fore, have the right to seize and repossess the
slave, which the local laws of his own State con-
fer upon him, as property"
Now, We are or should be practical men. We
should legslate upon facts and laws as we find
them. The power under which the Senate must
act in passing bill for the surrender Of fugitves
from service is nowhere expressly granted by the
| Constitution but is claimed by implication from
this clause of compact and the claim is sanctioned
by decision of the Supreme Court. We must
take this whole decision together, if we desire tC
ascertain the consequences Of the legislation which
it asserts to be within the competency OF Con
gress This decision asserts that Congress- in
providing for the surrender of slave escaped
must regard him as property Ii, then, Congress
shall exercise this same power in regard to slaves
escaped into Territories case not provided for
in the CONSTITUTIONAL must recognise, or rather
authorize, the continuance in the Territories OF
the property relation between the master and the
escaped slave. In the absence OF legislation by
Congress, a slave escaped into the Territories is
free There is no slavery there for any man
whencesoeyer or howsoever he may come Con
gress intervenes and there is slavery there-sla-
very unlimited in duration, unrestricted in ex-
tent with all the incidents" which attach to the
condition rs a property relation in the State from
which ha alovau cnme Now this slavery gets
into the Territories by the legislation of Con-
gress. If not, will the Senator explain how it
| gets therel
Why, sir, the very woman whose seizure and
abduction gave rise to the case of Prigg Us. Penn
sylvania, had children by a free husband who
never escaped from Maryland, but were born in
| Pennsylvania. And yet, as the mother was an
escaping slave, and all the incidents" of slavery
attached to her her children were carried OIL
with her and sold to the slave-deader. do not
say that this was lawful or constitutional-faI
from il but it was sanctioned by the decision of
the Supreme Court That decision, though in
my judgment wholly unwarranted by the Consti
tuition, yet stands for law; and We must legislate
AS practical men, well knowing that, until re
versed it will stand for law.
If, then Congress, by its legislation, creates
the right of reclamation in class Of cases in
which it is not given by the Constitutional il
continues the masters power over and his prop
erty in slaves escaped into Territories, as that
power and property are held by the Supreme
Court to be continued by the Constitution in and
over slaves escaped into the States, does not Con-
gress introduce slavery into the Territories IL
seems to me that there be but answer to
this question | would hope therefore that the
Senator from Connecticut might reconsider his
opinion.
MIR DAYTON of New Jersy, admitted that the
clause in the Constitution speaks only of States y
but he thought that the case of the Territories
off not within the letter, was within the spirit OF
the Constitution y and that Congress should pro-
vide for the seizure and extradition of fugitives
escaped into them. lie said further