The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-10-10

thorize the General Government to return fugi-
tive slaves escaped into the Territories, still we
ought to assume power beyond the Constitution,
and lcgislate for that object. suppose the de-
cisions of almost every State in the Union before
which this question Of slavery has come, have de-
termined-so that IL is not now matter open TO
coutroversy-that slavery is a local institution
that slave is reduced to the condition in which
he is by force-force legalized by the law OF the
State in which slavery exists and that when the
slave passes beyond the jurisdiction in which that
force is legalized, he ceases to be slave, simply
because the power TO dean him in slavery does
not accompany him That is doctrine held al
most universally, and which has been asserted,
throughout the Northern States especially, as one
of the grounds upon which it would be safe 10
! withhold the application of the Wilmot Proviso
| from the Territories The argument has been
! that il the slave passes from the jurisdiction OF
| the State in which he is held as such under the
municipal law, into the Territories, he ceases to
| be a slave because there is in them no authority
| by which he can be held II that be true, if that
be valid argument, and we yet so legislate as to
| countenance the right Of the master IN or TO the
| slave who passes out of a State into Territory,
it follows matter of course that to that extent
we authorize the introduction of slavery into the
! Territories
Mr.. UNpERwooD. Will the Senator yield one
moment2 wish to call his attention to the Or
Mr.. CnAsE, in his seatf was inst coming to
-sbot .. .
! Mr. y NDrRwoo,, Nconunu,ug) II says
"There shall be no slavery or involuntary SER
vitude in the said Territory, otherwise than IN
the punishment Of crime, whereof the party shall
be duly convicted"
But listen to what follows;
Prordtd also, That any person escaping into
the same, from whom labor or service is lawfully
claimed in any one of the original States, may be
lawfully reclaimed and conveyed back by the per-
son claiming his or her labor as aforesaid"
Now, it is a part of that celebrated Ordinance
! of 1887, n part of the very same sentence which
contains that provision which the gentleman is so
anxious to apply to all these cases think it
ought all to go together; If it is to go at all am
opposed to the application OF The hrst part, ana
think the residue ought to be applied
Mr.. CHASE. Perhaps, as compromises are In
fashion. might make a compromise with the Sem
ator nv taking the whole of the Ordinance Pro-
! yiso together Would he consent to it
Sir, / was saying, when the gentleman inter-
rupted me- that if We, by our legislation, authorize
or continue slavery in Territories, where the Con-
sttution by its terms does not carry it, we do, to
that extent, establish slavery there.
The doctrine of non-intervention has found
party Within proper limits, and confined to
the States, the doctrine is sound Its application
TO the Territories also has been defended in the
North, upon the ground that slavery cannot go
beyond the jurisdiction of the State which main
tains it, that the Government of the United
States have no power to establish slavery; and
therefore that it cannot be introduced into the
Territories.
Now sir, let US act upon some principle. II
4. Ill .lnt,A
which it establishes il, as some say, a relation
founded in the law of Nature like that of husband
and wife, parent and child, guardian aud ward
if ALSO the Constitution confers the power and
imposes the duty of legislation for its maintenance
upon Congress-then let all the protection be
given TO the institution which Southern gentle
men, however extreme, claim for it, Their claims,
if these propositions be conceded to them, can
hardly go beyond our duties. But if, on the
other hand, slaveholding is condemned by the law
of Nature, as the decisions, even Of the slave
States, declare it is if slavery is local institu-
ton, created by State law, and dependent upon
State law for its existence and continuance, let
US act upon this principle as if We believed in it,
and declare that slavery cannot be extended be-
yond State jurisdiction, and deny to its support
the power Of the National Government in the Ter
ritories
No one contends that the fugitive-servant
clause Of the Constitution applies TO slaves escaped
into Territories If Congress legislates for the
surrender of such persons the power to do so
must be sought elsewere. The Senator from
Georgia MIR. BERRiEN finds il in the power Of
Congress to " make all needful rules and regula
tions respecting the Territory other property
of the United Stateso lie claims that this clause
confers on Congress an unlimited power oflegisla-
ton over the Territories Others maintain that it
confers power of legislation at all. The cor
rect opinion think, lies between these extremes
| Congress has the power Of legislation over the
! Territories; not an arbitrary, unlimited power,
! but one fixed and limited by the general princ-
Piles of the Constitution. 1t does not authorize
Congress to reduce anybody to slavery, or to au-
thOrze slavery in any way, or to any extent. If 1t
| did, there is no institution of arbitrary power
which Congress might establish in the Terrific
res | deny, then the existence Of the unlimited
power asserted for Congress. OF course do not
admit the Inference deduced by the Senator
from Georgia from its assumed existence.
But the Senator from Kentucky Mr. UNDER
WOOD refers to the Ordinance of 1857. A very
slight examination will satisfy any thinking man
that this Ordinance gives no countenance to the
claim of power over this subject now made for
! Congress
The original policy of this Government was
against the extension of slavery. The patriots
! who framed the Constitution and framed the Or
! dinance-c otemporaneous acts-never anticipated
the reclamation of slaves from Territories, under
| the Constitution That instrument stipulated
for the surrender of servants escaped from one
Sate into another The Ordinance provided for
the surrender of servants escaped from the original
States into the only Territory of the United States
then existing This provision was confined, it will
be observed, TO servants escaped from the original
States The Constitution and the Ordinance
covered the ground intended to be covered. The
Constitution provided for cases Of escape from
Il State INTO a STATE; the Ordinance for cases of
escape from original State into territory north
west of the Ohio Escapes from States into other
Territories were left unprovided for, although the
acquisition of other territories was certainly an
ticipated The extinction of slavery itself was
expected at no very remote period and the
last thing that the trainers of the Constitution or
Ordinance would have thought of would have been
a provision looking to its perpetuity and indef-
mite extension. The Ordinance, then, affords no
evidence of the existence, and no countenance to
the exercise, Of any such power as is now in
voked
| The Senator from Kentuckey also relies on the
act of 1898 AS "A cotemporaneous exposition of the
Constitution, and an authority in favor Of the ex-
istence of the power. That act, indeed, provides
! for the surrender of fugtives escaped into Ter
ritories and the exercise Of the power ut so
early period, proves-so runs the argument
its constiutionality. But it must be remembered
that the same Congress, by the same act confer
red judicial power on State magistrates, and this
the Supreme Court has decided could not con-
stitutionaly lie done. This fact nullifes the
authority of this act, as n contemporaneous con-
struction of the Constitution. The Congress
which enacted it mistook their power as to State
magistrates they might as easily mistake their
power as to the Territories.
| The proyisions relating fupitiyes from SER
vice received, in fact, little consideration. The
! occasion of the act arose out of demand by the
Governor of Pennsylvania upon the Governor of
| VIRGINIA far cartaiu f,yit;vaa from iust;ce The