The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-09-26
For the National Era.
For the National Era.
THE POWERS OF THE GENERAL GOVERNMENT
OVER SLAVERY.

The strongest speeches that have been made
in Congress on the Southern eide Of the Terrific
rial question have been made by those who claim
that the rights Of slavery or slaveholding are in
herent in the Constitution, and part OF the fun
damental law and strange to say, that this prin.
cple has been conceded in several instances by
Northern statesmen. This is n correct opinion,
or IL is incorrect, and a question that may yet
have to be decided by the Supreme Court Of the
United States So far, its decisions have not
reached this point although, on incidental ques-
tions that have been decided, the opinions Of the
Court appear to be of an opposite tendency
II il is true, that under the operation Of the
United States Constitution In the Territories of
the United States and elsewhere, the right OF the
stakeholder in one Of the States, TO his slave on
removal 20 the Territories rs equal to the clause
in the Constitution which says, "No person shall
be deprived Of life, liberty or property, without
due process Of law" then it follows, that slavery
is part Of the fundamental law, and that State
laws and State Constitutions are equal in author
ity TO the Constitution and laws Of the United
States
Those that defend this doctrine argue by i'm
plication that because in n few instances and for
particular reasons, the fundamental law uas sUs-
pended in its operations by that uey net, the fun
damental law Of THIRTY Is destroyed, and the
right Of man to his liberty IN no longer an NAL
ieaabe right, but must rest on some legal decision
| or court OF record.
Again let the advocates Of this doctrine eonsid-
En- for, il il Is true that slavery under the Con
stitution has equal rights with Freedom, under
the force Of State laws AS well as by inherent
right in said Constitution, 1t follows that The pro-
| pie of all The Sates are responsible for its exist
ence in any Jauieuiar State. Our right to legis
late on the subject becomes inherent in Congress
under the Constitution, and Congress may al any
| time abolish slavery throughout the States when
ever the opponents Of slavery have the power.
| The advocates for the fundamental law OF free
dom, In all places where the United States au'
thority IL exclusive, have never claimed TO cxer-
else II In the States Then by constitutional pro-
visions, this fundamental law was suspended AZ
respects those held to service or labor In such
States according 10 The laws thereof, but slavery
received no mem pop0s by this Constitution, mol
had conceded to IL any extraterritorial force, ex
cept as by law provided for the return Of fugtive
from labor, but not any such law as that Of l79:
either or such a substitute as the bill Of Mr.. Ma
son proposes Tint is not The price agrsedto. The,
both lack the constitutional provision--due pro
cess Of Ian.
| As the fundamental law Of liberty is not sur
pended by eoaaumionai provisions In the Distris
| Of Columbia or In the Territories Of the Unite
States, therefore there Is no l>gal nay whereof
siapery can have legal existence under Unite
States laws, nor can 1t be aliorsd by any auihoru
without violation Of constitutional provisions
SHARPE