The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-26


al Utah and New Mexico he laws OF Nature and OF Ma
tures God exclude slavery. Now let me. q this point
Of the case, stop moment ~, 20 eonpa!e 'ns system
has been con,ended for BY Of the southern senators
during The progress OF this BILL viz the line OF SO deg
80 min to b run o. 70 .hs pschcto cut that much OIL
that question under two aspects first without provision
that slaves may be carried south OF that line and second
line II line is without declaration a. 10 its effect
upon The one side or the other Of the line, you mig
well run line upon the sands. upon the ocean, or in
the ar; It would be oberated by the first blast OF
wind OF the 6rsl billow am aware that there are gen
tiemen who maintain that. in virtue of the constitution,
the right to carry slaves south Of that line already exists.
and that, Of course those who maintain that opinion
want other security for the transportation Of their
slaves south of that line than the constitution II had
not heardhat opinion avowed should have regarded II
a. OF the most extraordinary assumptions. and the
most indefsnsble position that taken by man.
Tbs constitutions neither created does il continue
slavery Slavery existed independent Of the constitution.
and antecedent to the constitutions and dependent
in the Sates not upon the will Of Congress-. but upon the
law OF the respective States. The constitution s silent
and passive upon the subject OF the institution Of savey
rather deals with the fact fact that exists with
having created continued or being responsible for it,
10 the sghtest degree, within the States There but
three provisions In the constitution which relate to the
subject of slavery There that which subjects slave
property to taxation; that which makes component
part in The estimation Of the population in fixing the ratio
covery Of fugitive slaves That is the whole extent Of the
constitutional provisions upon the subject OF slavery 1t no
instituted slavery. or 10 responsible for s continuance
or its protection for moment while it remains within the
Of the States. than it is responsible for the protec-
ton OF any other personal property depending for its pro-
lection upon the State, and not upon congressional law
Why, II is said that, upon the high seas. vessel, OF
whose cargo slaves compose part would be under the
protection OF the constitution and the government OF
the United Sates So it would be upon the ocean and
why Because there is no separate jurisdiction existing
there any nation; but there is common jurisdiction
common 70 all nationsand the flag which floats at the
mast head Of the ship carries with the laws OF the
finn IN which fha Ruf Tho he
vessel gets out Of that Jurisdiction. the moment it gets
into separate territorial jurisdiction. the flag. and the
ship and the cargo become subject TO the territorial IT,
constitution Of the United States Why. sir that is not
only Of the free States of this Union. but is true Of
the slave States Thus. if vessel leaves the port OF
Charleston with cargo Of slaves, and into the
port of Boston or New York, the moment she casts
anchor within the harborthe moment she comes within
New York. those laws operate upon the slaves, and de-
ermne their actual condition speak OF course OF the
az ae h sy e
they may OF course be pursued under the provision OF the
constitution which relates to fugves. But if they are
and come within The territorial jurisdiction. they are sub
ject to the laws of that territorial jurisdiction II you
were 10 carry cargo OF slaves into the port of Liverpool
or Havre does any pretend that the flag of the Uni
ted States would protect them, after they into the
territorial jurisdiction OF England France No such
thing. Nor is it like the which has often been
the Bahama isands, which occurred some years ago.
That was an involuntary loss Of property. consequent
upon the act of God. do think Great Britain
bound in comfy if not in strict justice in that case, to
surrender those slaves. to make ample indemnity for
them, and Aot to take advantage OF involuntary and
inevitable misfortune But if slaves are voluntarily car
ried into such jurisdiction, their chains instantly drop
Oh, and they become free, emancipaed liberated from
their bondage
But have said that this is not only the general law,
and the law applicable to the free States Of this Union,
but il is the law of the slave States themselves The
law in Louisiana is now repealed but some years ago
portaton Of slaves from other States INTO the limits OF
that State and il then you had gone with cargo OF
slaves into the ports OF New Orleans. they would have
ected to heavy penalty, according to the enactment OF
that State And there Is al this time. if am not mis-.
taken. law OF Mississippi, which i not repealed Zone
wrongly which forbids the Introduction OF slaves as
merchandise and il you carry from Kentucky or Ten
nessee steamboat load OF slaves you lose your proper
ty believe that in the OF Mississippi the slave does
not become free, but that the party who imports him is
subjected to heavy pecuniary penalty Such the state
OF the law, believed, at this tme in the State Of Viz
gnia 1t is, therefore, not only true Of other foreign
nations, but il 10 true OF the States composing this Union,
that the moment slave enters the territorial Jurisdiction
OF the State or oegn country the laws OF TIE place de-
the ship in which he is transported there. On the
the flag determines the jurisdiction. Tor the have
assigned; but the moment they within the separate
jurisdiction OF any State OF country, that moment they
become amenabe to- and are liable to be dealt with &C
cofding to, the laws OF that country II the constitution
possess TIC Psamouht dutuoti Auou'eo W ~, tue laws
OF even the free States OF the Union would yield to that
paramount authority. If, therefore, il be true that
cording TO the jaws now in force in California. New
Mexico and Utah, slavery cannot be ntroduced-lf such
is the i<z loci the constitution OF the United States
passive and neutral upon thesubject the constitution
or government of any other country upon earth II pro-
wherever upon the high the slave out OF the
separate jurisdiction OF any State foreign or domestic u
affords protection when II comes within the scope and
jurisdiction OF laws which forbid the existence OF slave
~. do not mean TO 90 into long argument upon this
subject l did intend at time, to take il up
and discuss it very fully. | have thought it BEST
however, under all the circumstances Of the case,
merely express these bnef opinions which
terrain in relation TO it. In my opinion, therefore, the
carries slavery into California, supposng her not
TO Be q State, is assumption totally unwarraned
by the constitution Why, if the constitution gave the
privilege it would be incompetent for California 10 adopt
the provision which abe has in her constitution. The
constitution OF the United States being supreme Stale
could pass enactment in conavenlion of the cons
tuition My rules Of interpreting the constitution Of the
United States the good old rules OF 9s and 90
have in my life devated from those rules. And
what heyi The constitution is aggregate Of
coded powers. No power is granted except when il 10
expressly delegated, when il is necessary and proper
to carry into effect delegated power And IN any in
stance the power 10 carry slaves into the Ierntores ~
guaranteed to you by the constitution, is incident
necessary the carrying Of any other power that il
ceive it. Amidst all the vicissiiudes OF public life, and
amidst oil the changes and turns Of party never have
my life deviated from these great fundamental and |
think indsputaby true principles OF Interpreting the
stituton Of the United States Take these principles to
be true and where 10 the powercan anybody point il
out to me (which gives you right to your slaves
10 California; Where II the delegated power, or the
nOvU IN ~ All