The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-06-27

would be instantly free Hence, by the act OF
1893, express provision for the subject was made
with regard TO the Territories which we then had
Ii follows that Congress alone has the exclusive
power 10 legislste for the Territories; and that
any action by the inhabitants in forming Govern
ments for themselves, until authorized by Con-
gress, is irregular, and az is Justly argued by the
gentleman from Virginia. Mr. Seldom. and
other Southern gentlemen, mere usurpation.
do not think, however, 1t is such usurpation as
is to be treated as criminal but may be either
sanctioned or dsallowed, as Congress may deem
most conducive to the general welfare.
But it is contended, that although Congress
has exclusive it has not unlimited, jurisdiction
That it may and is bound TO legislate TO protect
slavery, but cannot prohibit.
A distinguished Senator from Kentucky MIR
CLAY, controverts this doctrine and holds that
Congress can abolish prohibit, or establish sla-
very in the Territories
| can agree to neither Of these propositions.
In support of the first it is argued that the pro-
hibition Of slavery would violate the provision Of
the Constitution which says that The citizens
of each State shall he entitled to oil the privileges
and immunities OF citizens Of the several States
can see no force in the argument This ar
ticle simply provides that the law shall not dis
criminate between citizens of the several States.
Now, a law which prohibits every person from
holding slaves in the Territories does not dis
criminate, but grants TO all equal privileges
and immunities"
But such law is said to be partial, because q
portion Of our citizens cannot take their property
with them. This is not true in point Of fact.
Every man may take his property, conforming to
the local law when he gets there IL any Of them
possess property which by the law Of nature or
Of man would be worthless, OF course he will leave
il behind. A large capital, in Pennsylvanis, is
invested in stock, tools, and implements for smelt-
ing and manufacturing iron. If il turns out, as
believe is likely to be the fact, that most Of
our newly-aequired territory has neither coal nor
iron ore, wusr rreRt 6au Ae General Government
--f~75-- - .~AA~nrs'n ny'seAsse tori
tory to which the Pennsylvania iron masters could
not take their property without rendering II
worthless The argument is quite cogent
and more just than that used by the stakeholder
The only fair inquiry is, do the same laws OPP
crate on all, without regard to the quantity or
quality of their property or the section FROM
whence they Gomez
| But il is said that such law would violate the
rights of the STAKEHOLDER, by depriving him Of his
| property-his vested rights
To divest him of property in slaves in free
Territories, il must be first shown that he has
such property II is principle of the common
law, quite as sacred as the doctrine Of vested
rights, that by the general law is not the sub
| ject of property; that he can be held in bondage
only by express local law and that, wherever the
slave is beyond the jurisdiction of such local law,
no matter how he gets there, he Is free. This
has never been doubted since the celebrated de-
cision by Lord Mansfield, in the case Of the ne
gro Summersett Nor does it make any differ
ence whether the slave jurisdiction and the
free jurisdiction belong to the same or different
| Governments By the common Ian, If slave es-
| II. ...NA "a, Stntn sa
free That principle of the common law, how
ever, is prevented from operating in the States by
clause in the Constitution. But it is in full
| force in the Territories, to which that provision
does not extend The master, therefore, who
takes his slave into free Territories has vested
| rights or property in him which can be impaired.
The slave becomes a man, and has vested and
inalienable right to liberty.
While il is thus found that Congress has the
right to prohibit and abolish slavery in the Ter
ritores, it does not follow that it has the power
| TO establish it,
admit that Congress has all legislative power
over the Territories necessary for the legislation
of free Government, except when expressly re-
strained by the provisions Of the Constitution, or
the Fundamental principles Of The Government. Ii is
| not bound by the article which reserves TO the
States all powers not expressly granted to the
United States.
Still, there are general principles restraining
the power of Congress wherever IL extends.
There are certain other principles not mentioned
in the Constitution, which Congress cannot an
null or violate, because they the foundation Of
our Government. They are enumerated in the
Declaration Of Independence. Wherever those
principles are not altered or overruled by express
compact in the Constitution, they potentially con-
troll the action of the General Government. |
admit that, in forming the organic law, they
might have been repudiated. Some Of them un-
fortunately were.
At first it was supposed that they controlled
the State Governments also. IL was decided by
the judicial tribunals of some of the States Mas
sachusetts for one, that the Declaration of indie
pendence abolished slavery without any legislative
enactment. But II came to be more reasonably con-
sdered that the Declaration was not made by the
States, but by the National Government, and
that the principles of State rights and Legislation
must be sought for In State documents.
This Bill of Rights of the American nation de.
clares liberty to be an inalienable right. Nor
does the Constitution give Congress any power to
restrain or take away this right except In the
case of fugitves from labor into other States. The
legislative power Of the several States IL control
led by similar principles They have generally
formed Declaration or Bill of Rights Of their
own.
find that every free State has adopted Bill
of Rights similar to the following which are to be
found in those Of Massachusetts, and New Hsmp-
shire: "All men are born free and equal, and
have certain natural, essential, and inalienable
rights; among which are the right Of enjoying
and defending their lives aud liberties and that
Of acquiring, possessing, and protecting property"
Those Constitutions nowhere prohibit their Le-
gislaturcs from establishing slavery, or violating
vested rights. Yet suppose that no sound states
man would contend that they could do either, be-
cause 1t would be inconsistent with the funda- |
mental principles of their Government, as ex-
pressed In their Bill Of Rights. II would in my |
judgment, be equally preposterous 10 assert that
Congress possessed such power, when the Bill Of
Rights Of the nation declares liberty to be Gin.
alienablep
think II follows inevitably, that Congress may |
abolish or prohibit slavery wherever 1t has eX- |
elusive Jurisdiction, but can establish II nowhere.
should not have deemed 1t necessary to give
any reasons now for such exclusion, had II not
been lately repeatedly contended on this floor,
and Ia the Senate, that slavery Is blessing.
Northern gentlemen have here said that they do
not view IL with much horror and my colleague
from Luzerne lMr BUTLER looks upon II as q re-
ligious or divine institution, II rightly under
stood him. This seems to render II proper again
10 examine the character Of the Institution. This,
am aware, will bring down upon me all its
venom
When | ventured some time since 10 give my
opinion freely Of the real condition and evils of
slavery expecte ed to be assaulted by the defenders
Of the institution. While that greatest, most
honest, and most fearless, Of modern statesmen,
who was stricken down by death In this Hall,
was, almost unaided, defending human rights,
and denouncing the horrors Of slavery, We saw
him. from year to year. the object Of the bitterest
personal abuse In this House, and by the slave
press everywhere. No motives were too foul to
impute 10 him no crimes too strocious TO charge
upon him II was sought To expel him from this
body; and II was prevented only by his own
gallant defence. Sir, trust 1t will not be sup
posed that have the vanity to expect TO be
touched by any Of the rays Of that glory which
ILL nj hia mama On acc0uu nj OF the