The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-29

preston has been repeated in our southern courts
and sometimes by southern senators on this floor And
: yet i may be PsTdoned the presumption, must say
error / well said BY Mr. Webster in arguing the
case Of Groves Slaughter that shere no law decar
any sasa bs
history BY Wallace Of the counsel in the Somerset
case, "he natives brought from Africa to the West
law, but there being law against State Trials
vol 20, 69O Asa general rule there is not positive
in England or this country creating property in any
Puasndor rests upon the implied assent Of mankind.
This assent ismped in every society. either from laws
from regulating the mode o is irsnsfer % or from nS
disturbed use and occupation recent annotator OF
Blackstone has said that this aiiss all ths hsai DAD
given And 80 il is for i solves all the legal and many
even Of the metaphysical difficulties which have SUR
II this be true them does not require positive law to
give the character Of property in slaves in the Territories
Of the United States On the contrary il can be shown
that according to the constitution, whatever is property
in State, is. in senses, property in ali the
States. and, BY still stronger conclusion, property in
the Territories Of the United States IN the case Of
Gibbon and Ogden, was decided that the citizen Of
one State had the right Of transit with his property
through another into third and that this right could
Slaughter. Judge Baldwin says that this right Of transit
with slaves through free State cannot be prevented BY
State legislation. II. then, in the prosecution Of this
orcby delivered the master would have his action for
the trespass upon his property Can there be doubt Of
it. and can the State deprive him Of such remedy BY
whilst in the act Of ansit' II 50, she could declare
the same thing as 70 cotton or IRON and thus indirectly
authority. the constitution was framed to prevent But
if the State government could not take away this charac-
Ter Of properly could the general government 90 ls
erty in the States so il might establish slavery in
Pennsylvania and abolish in Virginia IT, them neither
the State nor the federal government can deprive slave
t0f nf Ilunita Of
syvana, how Congress deprive him of that character
in the territory which Is the common property Of al the
there than both the State and the general governments
have within the limits Of Slater The result Of all this
is. that if slave be carried from slave State the Ter.
rtory OF the United States he s property still certainly
there be no law prohibiting it, and not 50 certainly but
clearly in my opinion, Congress had passed such
law; for i would be manfestly unconstitutional, and
need not say that this argument is founded upon the
posuate that the action OF Congress in the Territories il
other opinions, but shall not pause to give them
serious examination.
There is an opinion that Congress- is omnipotent in the
but has been shown that this would admit their power
to do things actually forbidden by the consultation, and
contrary to hewhoe nature Of our system These con.
illusions extreme that have no fear the Supreme
Court Of the United States would decide So too, of
another class Of opinions which suppose that the
This ,oo would lead to the same extreme conclusions
and admit their right TO do things forbidden by the
stution, and contrary to its spirit AT any rate. this s
branch OF the argument into which do not feel called
upon to enter. There is also another view which has
taken by those who dispute the right Of the South
h o. the law o. the sb;
mains. This view, however, has been SO completely
swered by the senator from Georgia, that disposed
decided that The fundamental law Of the Union does not
60 to its Territories, may then perhaps be time to in
qure what law is that exists in the wild and
settled portions OF the Territories ceded, whether be
that OF the Mexican, who never lived upon its soil,
cep as slave, or the law OF the rowing Indians, who
Of pS M q hs or
body else have succeeded in demonstrating this right in
the South, why should there be an objection 10 allowing
such protection be necessary for the enjoyment Of the
rght' II is sinful, it is said. to extend the area OF
slavery II is an institution offensive TO God and man,
its present limits We il to obligations higher than
the constitution, says another, to oppose its exten-
'ae aed ss ssoy ,ns he 3,
by making improbable, odious and II may be, danger
Gus, is the horrible proposition of persons who perhaps,
have not considered the full consequences of what they
propose To what misery this process would lead with
the white and the black races in those devoted States
have not said before, the patience to contemplate or
But, sir. wish to take issue with this feeling which
opposes itself TO the discharge Of constitutional duty,
q plain social h duty SD. sUSu wSud may
under mistaken views Of philanthropy would nhict so
much misery upon the section to which belong
duly ess sosa.esd eSsd nsf that sfs ia he
right or the wrong Of a political measure ls i not
its effects upon human happness Does not this afford
the rule by which il is 10 be tested rather than by any
considerations OF abstract character. Suppose
system OF has been shown by actual experience
to lead to almost immeasurable suffering, whilst under
another we have seen happiness, improvement and
progress would not be madness 10 adopt the former
and repudate the latter upon principle OF abstract
and theoretc propriey' Would any man be rash.
presumpuous, bold enough obviously to stake the
happiness Of millions upon doubtfulnay positively
mischievous experiment. Sir, am constrained TO ask
these questions, obvious may seem the answers BY
what see going on around me- Well, sir what il can
show that II the object OF emancpang slaves in the
South accomplished, the infalble consequences
would be, the absolute ruin OF the country, the
deepest injury to both races; would you not be
convinced that any political measure, designed for
this purpose, was wrong And what II were TO show
you that by allowing 10 expand over this vacant
territory you would add the happiness OF both races
in the slave States that you would give harmony per-
haps perpetuy to the Unon by allowing this interest IT'S
fair share OF political weight for its own Potecuon ana
that the other section destined whilst this Union
lasts to be the srenger woud increase their prosperity.
as we too grew and pospeed say this can be shown,
could any consderate man pronounce the policy wrong
which would lead to these resnltsl Sir, will not un-
dertake TO show what would be the condiuon OF the
South il this warfare upon slavery should succeed IN its
objects Upon consequences 80 vast will not undertake
now TO speculate but can present picture upon
a much smaller scale, which will show some OF the
practical effects OF this policy have been looking
ately into the results OF the British experiment. and for
that purpose have examined the last reports upon
that subject which are to be found in our library.