Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-08-08

for efgovernment--a position which will fnd no adyo
Gates with the real democracy of this country.
Now, what the wishes of the people of these terri
tories upon the subject Of slavery The wishes of any
community upon any subject must be inferred by the
laws and customs IN force among them any there be.
Every citizen Is presumed TO know the law-rather
violent presumption many times it be admitted
bat judges and legislators upon other Know
ing the laws them if they quietly acquiesce in Them
must be presumed that those laws Indicate and in
accordance with, their wishes. What laws now in
force upon the subject Of slavery in these errtores
wish refer to the subject for purposes: one to
show what the wishes of the people there the other
show that there necessity for the passage of the
proviso. Sir, believe is conceded fact all hands
that when country is conquered and annexed this
the municipal laws in force therein the time of such
annexation continue in orce-till abolished amended
unless they in conflict with the spirit of Consti-
tuition. III they SO, they are of course by being
brought under its jurisdiction, psO fdetO abolished
Slavery is believe, clearly Of municipal law
municipal relation the opinion of the gentleman from
North Carolina Mr.. Venabe to the contrary nOtwith-
standing. The laws of Mexico in force these terrific
res when they annexed, without doubt prohibited
slavery therein. Hence, unless these laws are in con-
flict with the Constitution, slavery is absolutely
prohibited in these territories. There be such
confcton unless be true asserted by southern gen.
temen that that Constitution is slave Constitution
and takes with slavery wherever goes Is this 500
Let advise southern gentlemen to be cautious how
they handle edged TOOLS This position proves much
for them. One OF the great causes OF complaint which
they have alleged against the free States their inter-
ference WITH and agitation Of this subject of slavery
But tell not the have right agitate it if the
Constitution of my country, which guards my
cred rights which swear to support, which am in
duty bound to maintain and which may rghtfully
ercise my influence to amend, is slave Constitution
that wherever wings its way instead of carrying light
and liberty, 1t spreads the black pail oil slavery Tell
me that / have right agtate it, if this FLAG
which floats above me- and which may be called upon
to defend with my blood which protects wherever
90, takes with and equally protects wherever it goes
this institution of slavery. But, sir, this Constitution is
not slave Constitution 1t does not create slavery il
does not take slavery into single foot of territory As
have before stated, it simply recognizes the right of
the States establish it within their jurisdiction
and after they have done does certain acts
take it beyond that Jurisdiction take it within the
jurisdiction of State inhibiting il, maintain
there, but simply 10 secure the enjoyment OF IL within
the jurisdiction where it has been established The Con-
ttution provides for the protection of slave property
only where it recognizes it, namely within the States
where by their laws it exists, and beyond those
States whittier the slave has escaped from his MASTER
to enable the master to recapure and retake him
into those States.
1t is said that it is the duty of this Government to re.
gard and protect every where under its jurisdiction
property, whatever is recognized by the constitutions
and laws of any of the States. In the first place. the
Constitution by which this Government is regulated
in the OF compact between Independent
reignties and in interpreting it, except wherein it is
otherwise expressly provided by the instrument ITSELF
we can only be governed by those laws which regulate
the intercourse OF all nations. Again have hereto
fore stated this Government to the of its power
is independent sovereignty The States, the
tent of the power reserved to themselves respectively
are also independent sovereignties Hence all inter.
course between this Government and the governments
of the States except where it is otherwise provided by
the Constitution must be regulated by the laws of ma
tons This duty then, except where otherwise pro-
vded only be construed TO extend TO such property
by the laws of nature and of nations is regarded as
property every where. Those laws do recognize
slavery, respect property in slaves Hence this
duty extend the recognition and protection OF
property except where it expressly stipulated
by the Constitution that shall be recognized and
protected where the faithful execution OF such express
stpulaons may render such recognition and protection
, necessary Then these prohbitory laws being in
conflict with the Constitution, continue in force and
clude slavery from the territories But if they
in force the laws OF nature-God Almghty's common
laware there and every where. They do not recOg-
nize slavery Slavery is the creature of the arbitrary
legislation Of man. Il is purely municipal regulation
and can 90 only where the strong arm of municipal law
takes and protects it, Every State country where il
is not maintained is ark of refuge for the slave
for the moment he steps within its limits he becomes
, Free The arbitrary laws of man have taken from him
his natural rights and whenever he gets beyond the
sdction of those laws he those rights This
the with all who voluntarily brought permit
ted by their masters to come, within the free States
and it would be with all that escape hem but for
that clause of the Constitution which provides for the
surrender of the fugtves.
Unsuccessful efforts have been made to controver this
position. A distinguished Senator Mr.. Berrien] has
attempted do so, and has referred that clause
I authority against it, 1t is in these words:
No person held to service labor in State
der the laws thereof, escaping into another, SHALL in
consequence OF any law regulation therein be dis
charged from such service labor but shall be delivered
up claim Of the party to whom such service labor
9 may be due"
He insists that the position have taken is
for If it that provision would not have been thai
''the fugitive should not be discharged from his service
and labor in consequence of law OF the State into which
he had escaped for he iooud hace been already dis
charged that he should be delivered up claim
The to O such srUice labor due, for they
g. the trainers of the Constituton) could not have
recognized the principle that it fact due thc
mere act of passing the boundary of the State in which
he held in slavery, would have released him from
> that debt"
With all due Difference, it seems to that the Sena
did call to mind all the Specifications which attac
to the verb to be-" is often used by the best writers
. OF our language in the OF TO exist, to stand
and in my humble Judgment, it is used in this instance
and MEANS he shall stand exist discharged from
n such service labor" Taken in connection with tn
word discharged it implies particular present man
of existence and maintains instead OF controvern:
}. the position.
e II it is used in the of to become his argu
supposcs, by what subsequent would the sav
have become Discharged by the judgment OF Judi
II cal tribunal Could that have done more than smp
to have declared that, by the OF coming within
jurisdiction OF the free State and by the operation of
,. laws he had become discharged Ii then must hav
related back that act and that act and not the ude
of tribunal, would have discharged him iron
Or the service Nor do think that clause recognizes tn
principle that such labor service was in fact due
the slave had escaped beyond the by
laws he held in scrtude refers to the indebted
ness, a valid and existing in the State {
e which he has fed, but existing in the State fror
which he has fed by the laws of that State. The Ian
guage used in the last part OF the clause but shall
delivered up claim of the party whom such LabO
may be due refers back TO that used in the commence
of by the Las thereof" and is qualified by it. 1t require
the State to which slave to do what il woul