The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-02
Washinston, Friday, August ., 1850.

guarantees for its protection. The inflexiblt
pertinacity with which some of these guarantees
were insisted upon, on more than one occasion
during the deliberations of that assembly, threat
cned the loss of the whole plan of Union
They were conceded, because the Union could
not have been formed without their concession
These special guarantees were
lst. An exception of the African slave trade
from the general power of Congress over com
merce for twenty years M
I'd Representation for slaves in this branch
of Congress.
Sd. The right to demand the delivery up Of
fugitives from labor escaping to the non-slave
holding confcderates
4th. The obligation of the General Govern
ment to suppress instructions.
These special securities, together with the re
seryation ito the States respectively, or to tho
| people," OF the "powers not delegated to thu
United States by the Constitution, nor prohibit
ed by it to the States,n were supposed bysthose
who granted them and those who accepted
them to be amply sufficient to protect property
in saves from any hostile action of this Gov.
eminent. In this sense was the Constitution
received and accepted by the people of the
United States. The only defect in these guar
antees result from the fact that the execution
and faithful observance of them depend upon
the good faith of the Government; in them
selves honestly adhered to, they are full, ample
and sufficient s
| lhe history of some of them is curious and
instrncting. At the time Of the formation OF
the Constitution, Virginia and Maryland had
prohibited the African slave trade, North Caro-.
lima had laws trammeng and restraining it
South Carolina and Georgia insisted upon fur
Their importations These two States bargained
with New England, and part Of the considers
ton was, that New England was to vote for the
continuance of the African slave trade for TWEEN
ty years, and Georgia and South Carolina were
to vote to place the general commerce Of the
country under the control of majority of Con.
gress, instead of two-thirds which had beer
passed by the Convention. The understanding
was fairly carried out on both sides, and thus
the African slave trade was made lawful com
merce under the flag of the Union by the votes
of New England against the votes Of slavehold
ing Virginia and Maryland
The North has enjoyed in security her part oil
the bargain, and she was none the loser by oul
part of the contract, rs she did the carrying, anG
received the profits of the speculation in slaves
Yet, in the face of these facts, and in defiance
told on this floor. by New England Represen
tatives that slave property is out of the pro
lection of the Government Thousands of these
slaves thus introduced as lawful commerce arr
still held by the people of the South; othe
thousands, which were sold for taxes and othe
debts due this Government, are thus held the
money is, or may be in your treasury, liable tc
be paid out for your per-dem pay. Your Gov.
ernment has direct or imperfect liens upon other
thousands in the shape of official or other bonds
We have the right to call on you to give you
blood to maintain these thousands and all The
rest of the slaves of the South in bondage. II
is $50 nominated in the bond" Yet with these
obligations resting upon you, we are told by yor
that slave property is out Of the protection O
the Government Gentlemen, deceive not your
selves, you cannot deceive others This is
.pro-slwery Government. Slavery is stamped
upon its heart-the Constitution You mus
tear that out Of the body polite before you car
commence the work of its eradication. 5 IN
| have heard in this hall, within few days
past, fierce and bitter denuncations from North
ern lips, of Abolitionsts-those of the Garrison
school, who sometimes chance to meet in Faneu
Hall. In my Judgment, their line Of policy is
the f;,irest, most just, most honest and defensi
bic of all the enemies of our institutions. And
such will be the Judgment of impartial history
"They shun no question, they wear no mask.
They admit some, at least, OF the constitutions
obligations to protect slavery. They hold these
obligations inconsistent with good conscience
and they therefore denounce the Constitution us
"a covenant with Death and league with Hell,
and struggle earnestly for its overthrow. If
their conduct is devoid of every other virtue, and
every other claim to our respect, it is at least
consistent. They do not seek, as many mem
bers do here, to get the benefits, and shun the
burdens of the bargain.
Notwithstanding the constitutional safeguards
which have enumerated, the enemies of slavery
here have attempted, and are now attempting
to get, by implication, that power to war upon il
when WIS so studously withheld No man
pretends that there is any express power Except
that to inhibit the African slave trade after 1909
granted in the Constitution to limit, RESTRAIN,
discourage or otherwise impair property in slaves.
But they seek to effect these objects by impca-
ton, under the claim Of power to govern the
Territories belonging to the United States
This power to govern the Territories is itself
but doubtful implication. 1t is not founded
upon express grant. That clause of the Goa
stitution which authorizes Congress "to dispose
of and make all needful rules and regulations
respecting the territory or other property be-
longing to the United States" has been some
times relied upon to warrant Legislation over the
Territories But it's terms confne it so clearly
to territory land, as property, that the preten
sion is now generally abandoned as untenabie,
the advocates OF the power most usually claim
it as resulting from the power to acquire terri
tory by treaty. 49,, .s I'd. .,I4
1T being unimportant to my argument from
whence the power to legisate over the Terrific
ries is derived / shall not now discuss it. No
matter where you place it, the power to legislate
against slavery is not legitimate incident to it.
and cannot by any just rule of constitutional
construction be derived from it. The object,
the end, is nowhere sanct 4oned by the CoDstltu-
ton, therefore the means clunct be implied.
The argument Of the North, stated briefly, is
this: That the object of the power to legislate
over the Territories is to give them good gov
ernmcnt, and that the exclusion of slavery is
necessary and proper means to secure that OBJ
ieet. The conclusion is not wsrranted by the
premises, even considering it rs general pro-
position, without reference 10 o'u peculiar form
of government taken in that connection it is
: {. 4 IL