The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-30

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sitution contemplated any extension OF slavery
The constitution has nothing TO do with the recognition
Of slavery. except exists in the case OF persons
the Union whom il regards debased by their servtude
to the amount OF twohs OF their personal rights and
as such allowed be the basis OF representation and tax
alton; and also by provision in regard 10 fuguves
from labor. The constitution admits the fact, recog
nises the fact that it exists by the laws OF the States
wnca tolerated M m IN regard to person; owing service
lonly where the constitution, for the mere purpose
Of recaptuTnx and returning fugitive, allows it,
except where congress possesses despotic power.
Slavery can exist under government that does not
possess despoc power. Man cannot be made slave,
unless some other man has by law the power to make
him sofor the very reason that in the absence OF hu
man law, the natural law OF equality must prevail.
which gives to every man. in the language Of Chief JUS
creep in silently in the absence Of positive enactment
and be recognised by general usage among the people,
which ultimately acquires the force Of aw but its le
law To whom. then, do these Territories belong They
belong TO the nation No State in this Union can, under
the acquire territory mhy can neither
ercsed BY the power that acquires it. The President
as the treaty making power represents emphaticaly
ence except such as their senators. appointed under
the constitution, and the representatives from the diff
erent districts in the State, are enabled to exert az
here. under the old confederation, States, but by
majority however the body may be constituted 10 the
there can be but one Will and that viii Is she collscys
will Of the people That will can be manifested only by
the legislation Of Congress The treaty.makng power
having the right to acquire territory and dominon Con-
gress BY the general grant Of power make all laws
which shall be necessary and proper for carrying into
execution all the powers vested BY the constitution in
the government OF the United States, in any depart
ment thereof, has the power Of exercising the dominion
Congress- Of course must unless they are restrained
BY some prohbt9ry clause Judge OF the necessity Or the
poprety OF their legislation in reference to the purposes OF
union and the welfare of the nhabtants OF the acquired
territory, both present and prospective Their legislation
State but as citizens Of the United States The States
laws when they have left the State to settle in q
State They are citizens Of lie United States. in
habitants Of its territory, and subject alone to its
in the government Of the teroryif the State laws are
to have any force application theret would follow
that there could be supreme law Of the people be-
would be equal that of every other neither could be
supreme, and there would be as great variety in the
codes Of law as there are States to be affected BY any
situton OF Mexico and her laws, it has been shown, pro-
hbited slavery the time Of the annexation Of these Ter
rights o hs o Mexico and s
relations each other not being political law entering
into the OF the territory remains in force, not
government that has succeeded TO the dominion But i
z said that slavery being purely domestic institution OF
the States Congress the Legislative organ OF the gov
enmeRt OF the United States, has no concern with it.
If il be meant by this, that Congress has no concern
with slavery in the States why, it is perfectly true
over slavery in any State Nobody, sir, in any psrt Of
the country, within my knowledge, sets up any claim
Of that sort But, il be meant that Congress- cannot
to be regulated exclusively by Congress-. deny the
proposition Congress must exercise IFS dominion, in
reference to the welfare of the Territory precisely in the
manner, having reference TO the great fundamental
principles upon which our government Is formed, as
any Stats legislature required to exercise its dominion
within its own limits Congress must Judge for the
inhabitants Of Territory what laws il shall enact for
them, and what laws It shall prohibit them from enact.
ing, because Congress exercises the dominion Well, il
this be so, what ground is there for any State to say
that Congress intereres with her rghs Do these mat
ers belong to the several States know that some
Of the resolutions which have been passed BY the
State legislatures have been passed in that FORM But
there is nothing in the constitution 10 sanction any
such idea. The teay-making power negoa,es for the
acquired for the Uno The constituencies Of the naon
the people, the States The people are equal, un
doubtedly and every citizen has not the right as it is
or without his properly until Congress chooses to invite
emigration to the Territory. Whea the citizens 90 60
there they and n hs Is9y an equal
given jurisdiction affect the inhabitants residing in that
Jurisdiction all alike. has been insisted that in the
Sy spSsy 70 o. he ground
constitution Of the United States admits to be prop
admission, il there be such, is to be understood
II the government Of the United States recognises
merely the fact that certain persons by the laws OF GER
tain States owe service deemed slaves by the laws
OF those States; and If the government OF the United
States has assumed the obligation Of giving extra terri
oria force 10 those laws in particular case ony-that
OF wrongful escape, il is Called from the dominion
thus legally exercised over the save-does II follow,
the voluntarily takes his slave out OF the urisdic-
ton OF the State in which he is thus held. that the con-
suiion OF the United States in that recognise
him as slavei Not al all This question has been re-
peatedly decided. has been uniformly held that that
clause in the constitution OF the United States in regard
to the restoration OF fugitive slaves has no application
whatever slave who taken voluntarily beyond the
jurisdiction Of the State whose laws have created the re-
aton The law this subject perfectly well establish
ed only in Great Britain, but this country In burges
Conflict OF Laws, work Of high authority, the law 70
thus stated
"There exists" says Burge, ca status which is legal
the country which 1t Is constituted. but Illegal In am
other country which the person resort La his CON
fct there has been uniformity OF opinion among nrs
decisions by judicial tribunals in giving no enect 20
the status however legal may have been In the country
in which the person born, or Ia which he was Pfev
ousIy domiced IL be recognised by the law OF his
actual donicL This principle was adopted py nc su
preme council Of Mechln, as established law IN 1881; y
feu take up person VINO nao e.
ned from SPAIN he had been brought and legally
held In slavery ."-Chrfa Dec tom =, Dse ~
.y the France, the slaves OF their colonies, Inn
mediately on their arrival In France, become free.
sTn the case OF Forbes vs. Cochrane, Barn and Cress
a6s this eaboaely discussed and seicd by the
ngiIsh court OF X b. The right slaves, 10 there
said when tolerated by law, 10 founded not the law OF
law IN invitam and when party gets Of the power
Of MASTER and gels under the proectoo Of another
power without any wrongful done by the party giving
protection, the right OF the MASTER which Jnnded on