The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-28

ZION Of tho Unied States bs laid UPON hs tsnh article
OF the amendments"
And Samuel Adams, ever wachfu for freedom. said:
"h removes doubt which many have enlertsined re-
speciing The matter and gives that IL law
made by The federal government shall be extended beyond
with the constitution of this Stats, twill be an error
| adJodged by the courts OF law 10 be void"
Beyond all question the national government ordain-
ca oy the constitution Is not general universal, but
special and particular. II is government of limited
powers 1t has no power which is not delegated Es.
pecially IS this clear with regard institution like
slavery The constitution contains no power to make
King, or 10 support kngy rule With similar reason il
may De sad that y contains no power to make slave
| 10 support system oil slavery The absence OF all
such power is hardly clear in one case than in the
other But II there be such power all national exs
lalon upholdng slavery mus be unconstitutional and
void The stream cannot be higher than the fountain
head Nay, more: nothing come ont OF nothing
the stream cannot exist il there be springs from which
il is fed.
AT the risk OF repetition, but for the sake OF clearness
review now this argument, and gather together Con-
sderng that slavery is OF such an offensive character
that II can find sanction only Ia positive law and that
~ has no such "posve" sanction in the constitution;
that the constitutions according to its preamble, was or
dained "o establish Justice and secure the blessings OF
liberty" that in the convention which framed il, and
also elsewhere at the tme declared not to sanction
slavery; that according TO the Declaration Of ndepend
ence and the address OF the Continental Congress- the
nation was dedicated to "bery and the "rghts OF hu
man nature = that according to the principles OF the COM
mon law, the constitution must be interpreted openly,
actively, and perpelnally for freedom that according to
the decision OF the Supreme Court, acts upon slaves
NOT AS PROPERTY, but PERSONS; that at the fret or
ganZaon OF the national government under Washing
ton. slavery had national favor, and existed nowhere
beneath the national flag the national territory. but
was openly condemned by the nation, the church, the
colleges and literature Of the time; and, finally that ac
cordng to an amendment OF the constitution the national
government can only exercise powers delegated to it,
amon S.ss wn6n se.s . none Co
conclusion that slavery is in respect national ns
tuition, and that the constitution nowhere upholds prop
erty IN man.
But there is other special provision OF the consti
tuition, which have reserved this STAGE not 80 much
from its superior Importance, bu, because il may dy
stand BY itself This alone, if practically applied. would
carry freedom to all within its influence II s amend
men. proposed BY the first Congress. as follows
mo person shall be deprived ofe. liberty, property.
without due process OF law"
Under this sgis the liberty Of every person within the
national Jurisdiction is unequivocaly placed say of
every person. OF this there can be no question. The
word person" in the constitution embraces every hu-
man being within its sphere whether Caucasian Indian,
or African, from the President to the slave. Show me
person, matter what his condition, race, color.
for him this protection. The natural meaning Of the
clause is clear bat single fact Of s history places
Se broad Light OF noon As originally recommended BY
freeman. Its language was, "No freeman ought to be
deprived OF his life, liberty property but by the Law Of
the land In rejecting this limitation. the authors OF the
amendment revealed their purpose that person under
the national of whatever character, shall be
deprived OF liberty without due process OF law that is
proceedings. Here by this amendment is an express
guarantee OF personal liberty, and express pro-
hbiion against its invasion anywhere, At least within
the national Jurisdiction.
Sir apply these principles and slavery will again be a
when Washington took his first oath President The
Union flag of the republic will become once more the
flag of freedom, and al all points within the national u
risdction will refuse to slave. Beneath its
oenetcent folds. wherever II is carried on land or sea.
slavery will disappear, like darkness under the of
the ascending sun-like the Spirit OF Evil before the An
gel of the Lord.
In all national territories slavery win be impossible.
On the high seas, under the national flag slavery will
be impossible.
In The District of Columbia slavery will instantly
cease.
Inspired by these principles, Congress give no sane
lion TO slavery by the admission OF new slave States
Nowhere under the constitution the nation. by
legislation or otherwise, support slavery. hunt Slaves
hold property in man.
Such, sir, are my sincere convictions. According to
the constitution, as understand it, in the light of the
past. and of its true principles there other concu-
sion which Is rational or tenabe which does not defv
the authoritative rules OF Interpretation which does
not fasy ndsputable facts OF history which does
ahront the public opinion in which it had its birth and
which does not dshonor the memory of the fathers And
CT se ARE he0p placed nds ban
which filled the early patriots, and which impressed upon
the government they founded, upon the coin they
cuated, the image and superscption Of LIBERTY, have
lost their power. The slave masters, few in number,
amounting 10 about 100000 according 10 the cen
sus, have succeeded in detailing the policy OF the national
government and have written SLAVERY its front And
now arrogant and uneleniing o-iracism applied,
not only to all who express themselves against slavery
but 10 every man who unwilling 10 be the menia OF
slavery. A novel for Office is introduced which
would have excluded all The fathers of The republic
even Washington, jefferson, and Franklnl Yes air
Startling it may be. but indispuabe. Could these re-
vered demgods OF history again descend upon EARTH
and mingle In affairs, not o them could receive
nomination from the national convention OF either of
the two old political parties! Out of the convictions OF
their hearts and the uerances OF their lips against slave.
ry, they would be condemned.
This single fact reveals the extent which the nation
n haa cd frarp
der the constitution than TO bring the government back
TO the precise position this question which 1t occupied
on he auspicious morning of its rst organization under
Washington
Cursus iterare
Rcliotos;
that the sentiments OF the fathers may again prevail with
our rulers and that the national flag may nowhere shelter
slavery
To such count this aspiration unreasonable, let me
commend renowned and life-gvng precedent OF Eng
sh history As early the days OF Queen Elizabeth
courier had boased that the air OF England was too
pure for slave TO breathe, and the common law was
said TO forbid slavery And yet in the face OF this vaunt
kindred to that of fathers and so truly honorable
slaves were introduced from the West Indies The Gus
ton OF slavery gradually prevailed Its positive legality
was affirmed IN professional opinions, by two emnent
lawyers, Talbot and Yorke, each Afterwards Lord Chan
cellor. twas also affirmed the bench by the latter
as Lord Hardwicke. England was already slave State
he following advertisement, copied from a London
newspaper the Public Advertiser, November 22d 1882
ours, even in the District of Columbia
-.