The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-25

nation TO persons escaping IRON one State into another
State This section extends this right rather extends
the remedy for right that does not exist. to the Terrific
res. This is the reason why ask that il be stricken
Mr. BERRIEN Mr. President, really hone the
amendment will not prevail II indicates disposition
aud il will indicate disposition in the view OF The PEG.
Pile large to do just what is absolutely required by the
letter OF the constitution. and refuse that which the
spirit OF the constitution renders equally imperative The
object OF that clause OF the constitution unquestionaby
was, 10 secure the southern STAKEHOLDER III the undis.
iurbed possession OF his property The why the
word Territories" IS MOTTO be found IN the constitution
arose from The existing state OF things al the time OF its
formation But the power of Congress TO make such
provision Tor The Territories that have been afforded
government cannot be doubted. In justice, and in
accordance with the spirit OF the constitution posi-
Bile Iapprehend be assigned why the of
slave property should he entitled 10 his slave
when he has escaped IRON State, and should be de-
prved of the privilege OF recovering him if he makes his
escape into Territory The only difference that can be
pointed ont is that with regard 10 the States the obga
lion is rendered imperative by the constitution but with
regard to the Territories rendered equally imperative
by the principles of justice and by that obligation OF the
United States government 10 protect all the citizens OF the
United States in the undlstnrbed enjoyment of their
Mr. BUTLER think there is a very obvious reason
why Territories not referred TO in the constitution
The trainers OF the constitution knew very well the
power OF State government 10 exclude slavery; but
the very fact that Territories not included presup
poses that they free for all the citizens OF the United
States W'lhou, rsstreon l9at Is the reason nothing
tuition never dreamed that slavery would be excluded
except by State governments SO Tar as relates TO the
Territories they considered them free for all the citi
zens of the United States to settle in AS regards the
argument OF the senator from Georgia. acquiesce in H.
Surely we have right to include Territories; and the
fact that nothing is said about Territories in the constu
hon1 is the strongest argument 10 show that Congress
had no right to exclude citizens of the United States
from The srISyMs9, 9f the right ~ the Territories
act OF 1923 that when persons held TO service or labor in
any of the States of the United States. in any OF the
Territories the north side Of the Ohio river under the
WI nv nf
rtores they shall be delivered mp claim Of the party 10
whom such service labor may be due. Now, the first
exposition OF the constitution OF the United States povi
ded for the return Of fugitive slaves from the Territories
well from The States. We have exclusive jursdc-
ton over the Territories No other power interfere
there. And shall refuse do ia Territory subject
to jurisdiction that which the constitution requires
to do in State! Sir, am surprised that the gentleman
from Ohio should thus endeavor 10 change The principle
of the law of l793 which have acted upon from that
day down to this; that should now endeavor 10
strict the return OF slaves when they have fled from
State to Territory and especially when we have exclu
sve jurisdiction the Territories into which these
slaves may escape.
Mr. CHASE. A FEW words in reply to the suggestions
made by different gentlemen The senator from Georgia
thinks that ought to legisate in conformity with the
spirit well the letter of the constitution and al
though the letter OF the constitution does not bind or
slaves escaped into the Territories, still ought to
assume power beyond the constitution and legislaie
Tor that object suppose the decisions OF almost every
State in the Union, before which this question OF slavery
has come, have delermned-so that it is not mat
ter open to conroversy-ihat slavery is local nsiu
hon that slave is reduced TO the condition in which he
is by orce-force egalzed by the law OF the State in
which slavery exists and that when the slave passes be-
You'd the jurisdiction in which that force is legazed, he
ceases to be slave, simply because the power to detan
him in slavery does not accompany him That is doc
trlne held almost universally, and which has been
Serted throughout the northern States especially
OF the grounds upon which il would be safe 70 withhold
the application OF the Wilmot Proyso from the Terrific
The argument has been, that If the slave passes
from the jurisdiction of the State in which he is held
such under the municipal law into the Territories he
to be slave because there in them authority
by which he can be held II that be true; if that be
valid argument, and We yet so iegislae as TO counie-
nance the right OF the master IN or TO the slave who
passes out OF State into Territory il follows as
matter OF that TO that extent authorize the
nlr9duetlon Of slavery into The Territories
ment wish 10 call his attention 10 the ordinance of
l7s7--
Mr. CHASE, Tin his seat) was just coming to that
Mr.. UNDERWOOD, Continuing Ii says:
There shall be no slavery or involuntary servituds
said territory, otherwise than ia the punishment OF crime
whereof the party shall be duly convicted.
But listen TO what follows:
Provided also, That any person escaping into tho
the original States, may be lawfully reclaimed and
veyed back by the claiming his her labor aoe
Now il is par, Of that celebrated ordinance of 1857
part OF the very sentence which contains that pro-
vision which the gentleman is SO anxious TO apply TO all
these think II ought all 10 go together i il is 10
and think the residue ought TO be applied.
Mr.. CHASE Perhaps, as compromises are IN fash
ion, might make compromise with the Sc nator by
taking the whole OF the ordinance provso together,
Would be consent 10 IT.
Sir, | was saying, when the gentleman interrupted me-
that il we, by legislation, authorize or continue sla
very in Territories where the constitution by its terms
does not carry IT. we do, 10 that extent establish slavery
there.
The doctrine OF non intervention has found much favor
with portion OF the democratic party Within proper
limits and confined to the States, the doctrine is sound
Its application TO tie Territories also has been defended
in the North upon the ground that slavery cannot go be-
yond the jurisdiction oil the State which maintains II
tina, the government of the United States have power
to establish slavery aud therefore thai cannot be in
! troduced into the Territories.
Now sir, let us act upon some principle. II savehold
ing is night in tself-if the relation which IL establishes
is, say relation founded in the law OF Nature
like that OF husband and WIFE, parent and child guar
dian and wsdif also, the constitution cohfers the pow
nance upon Congessthen let all the protection be given
TO the institution which southern gentlemen, however
extreme claim Tor IT, Their claims, ii these propositions
be conceded TO them can hardly go beyond duties
But If, the other hand, savebodng condemned by
the law OF Nature the decisions, Of The slave
Sta,es, declare IS; slavery u local institution Gre
aed BY State law and dependent upon State law for It's
existence and continuance, lei act upon this principle
as IL believed and declare that slavery cannot be
extended bey ond State jurisdiction, and deny to its sup
port the power Of the national government in the Terri
/ tories
No one contends that the fugitive servant clause OF the
constitution applies TO slaves escaped into Territories
III Congress egsses for the surrender OF such persons
the power TO do must be sought elsewhere. The
aor from Georgia Mr. BsRRIrN hnds II in the power OF
Congress to make all needtu rules aad regulations
speeding the Territory or other property OF the United