The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-04-04

deny that shareholders may take their slaves into
territory of the United States, and hold them
there, what becomes of his assumption in 1912,
that they might carry their slaves on the high
seas in national vessels part of the territory Of
the United States, and hold them there2 If the
assumption be true in one case, it is in the other
II false in one, it is in the other. II the slavesof
Virginia become free by taking them into terri
tory of the United States, because there is no
law recognising slavery there, they become free
by taking them on board vessel on the high
seas, belonging to the United States, because
the jurisdiction Of the United States is ex-
elusive and that has no law recognising slavery
there.
We cannot too often insist upon the strict con-
struction Of the Constitution in relation to this
subject.
Slavery is simply municipal institution. 1t
exists by force of the laws which recognise it, and
only so far as the jurisdiction of the power max
| ing such laws, prevails. Slavery in Virginia is
the creature of Virginia law, and can have no ex-
istence beyond its bounds, in virtue of that law.
! When slave from that State escapes into any
other State of the Union, he would become free,
| the force which had held him as slave, being no
longer upon him. were it not that the Constitu-
ton of the United States nterposes lays its hands
upon him, and holds him subject to reclamation
by him who was in Virginia his owner. But, let
such slave pass out on the high seas, in an Amer
;c,,. vessel, aud Whist iaws -h0la him in bondage
Virginia law has no extra-territoral force, and
therefore has no power over him. Only one juris-
diction exists now, that of the United States.
But, does any law of the Union recognise the
slave relation under such circumstances What
law The Government of the Union is Gov
eminent of grants. Whatgran of power is there
| in the Constitution to create or adopt a slave
code? None. The trainers of the Constitution.
assuming that slavery was strictly local institu-
ton, that the slave could be held as such only in
the territory under whose laws he was kept in
bondage that, therefore, should he pass beyond
the jurisdiction of such territory, he would OF
right and in fact be free, made special provision
to meet the case that is, they continued the
force necessary to hold the slave to service) be-
yond the boundaries of the State in which he was
nelu, lulO OthcT -Pho'iNeN'" VIZ 49,
escape from it into any Of them But did they 60
further 'N-,---5 fT1=::ae teses h ss,oa'F r"n-
tinue slave who should be carried out Of slave
State upon the high seas, under the national
fag7 Let such provision be pointed out. 1t
cannot be done. Slaves taken on board an Amer
lean vessel at Richmond, Virginia, or any other
Southern port, become freemen when such vessel
has reached the highway of nations, and has pass
ed within the exclusive jurisdiction of the United
States And the same is true, when they pass
from any slave State, into New Mexico and
| Deseret.
This view of the Constitution divorces slavery
from the Government of the United States and
regards it solely as municipal institution, esist-
ing by and under State laws. The opposite view,
if acted upon, natonalizes slavery, and plants it
wherever the flag of the Union waves.