The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-03-25

gress accepted the cession Of this territory with
an express proyiso-a sort of anti-Wilmot
Provlso-that Congress should never abolish
slavery there-thus giving, at the desire of the
friends of the system, national, though UNI
constitutional guaranty for its security in those
territories
Louisiana and Florida were cedcd to the
United States by France and Spain The
treaties of cession required the United States
to secure the blessings of liberty 70 all the IN
hGbitGntS; yet Congress was induced to tolerate
slavery there forgetting, perhaps that the
National Government was framed for nObler
purpose than the protection of slave property.
And subsequently,, when California sought
admission into the Union, with such a Consti-
tuition as she had right to adopt because she
preferred free and homogeneous to mixed
population, half free and half slave because
she preferred system that secures unlimited
progress, to that system which has brought
such a Rip Van Wrinkle sleep on some of the
slave States; because her sons choose by hon
orable labor to get an honest living, rather
than to whip it out of other men; for no other
reason, that know Of the friends of slavery
resisted her admission. Who is responsible for
the agitation growing out of that resistance!
And, finally, the friends Of slavery clamored
for and secured the passage of the fugitive
bill, which Congress had no right or authority
to pass. In all these cases and others | have
not time TO enumerate, who is responsible for
efforts to induce Congress to interfere with
questions of slavery!"
On the other hand have yet TO learn where
the opponents of slavery have demanded any
unconstitutional interference with the system.
They have petitioned for the abolition Of sla-
very in this District; but this is simply asking
of Congress to undo what it had no right to
have done in the first place. The interference
is on the mart IF thQse. who gave slavery. legal
sanction here-n0t on the part OF those who
- : .7fsl2,,el ~.
ne s,oppage oi inc ooeS,', Saw u Stl5 mas
also been demanded but before any petitions
for this object had been presented, Congress,
by direct legislation, had taken this traffic un-
der its protection and regulation prescribing
ali the details.
Petitions have also been presented asking
the prohibition of the interstate slave trade
Demands have frequently been made on Con-
gress for payment for slaves, and such claims
are even now before this body il it strange
that the opponents of the system, if compelled
to recognise slaves as merchantable commodi-
ties should ask to have the trade in such COM
modities regulated as other commerce may be,
or even prohibited as any other immoral and
injurious traffic may be!
The opponents of slavery also resisted the
admission of Missouri into the Union as slave
State The terms on which this territory was
coded, if faithfully observed, would have ex-
cluded slavery. To give the State purchased
by the common treasure of the country up to
slavery, is virtually to exclude every laboring
freeman from its borders; they cannot live
where labor is degraded by the presence of
slaves
When Oregon was about to have Terrific
rial Government the opponents of slavery in
sisted on the adoption of the Jeffersonian pro-
viso They had been excluded from every foot
of the territory acquired since the adoption of
the Constitution, except the State of Iowa.
They had some rights, surely But they in
sisted on the proviso for still better reason
that the General Government had no right to
tolerate slavery within its jurisdiction.
We resisted also, the provision in the acts
establishing Territorial Governments in New
Mexico and Utah. by which it is profcssedly
settled, that when these Territories are admit
ted as States, they may come in with slavery II
they please. Congress had no right to say upon
what terms future Congress should admit
new members into the Confederacy. That is
question for the States then constituting the
Union to settle for themselves The cOnstitu.
tional legislation on this subject in advance OF
the time when any legislation was required, is
another instance of the meddlesome interior
ence of the friends of slavery.
But the last and browning niquity is the
passage of the fugitive bill This was resisted,
of course and | can assure gentlemen that
there is no prospect of quiet for them, while
such an act remains in the statute-book. re-
gard it as utterly and entirely unconstitutional.
Had time, would read parts of the Kentucky
and Virginia resolutions of 1898, which cover
the entire question | shall not hesitate to
treat this fugitive bill as Jefferson and Madison
treated the alien and sedition laws-as abso-
lutely null and void.
KENTUCKY RESOLUTIONS OF 1898.
Original draugM prepared by Thomas Jefer-
son. They passed tie House of Representatives.
of Kentucky November 10Th, 1898
l. RESOLVED, Chat the several States compo-
sing the United States of America are not
united on the principle Of unlimited submission
to their General Government; but that, by
compact under the style and title of a Consti.
tuition for the United States and of amend
ments thereto they constituted General Gov
eminent for special purposes, delegated to that
Government certain definite powers reserving,
each State to itself, the resduary mass of right
to their own selEgovernment; and that when
soever the General Government assumes undel-
cgatcd powers its acts are unauthoritatiye,
VOID, and of NO FORCE That to this compact
each State acceded rs State and as an inte-
grail party that this Government, created by
this compact was not made the exclusive or
final Judge of the extent Of the powers delega-
ted to itself, since that would have made its
discretion and not the Constitution. the meas
ure of its powers; but that, a. in all other
cases of compact among parties having no COM
mon judge, each party has an equal right to
Judge for itself, as well of infracions as of the
mode and measure Of redress.
2 Resolved, That the Constitution Of the
United States, having delegated TO Congress n
power to punish treason, counterfeting the &C.
curities and current coin Of the United States
piracics and felonies committed on the high
seas, and offences against the laws of nations
and no other crimes uhateper,' and it being
true, AZ q general principle and one Of the
amendments to the Constitute on having also
declared that the powers not delegated to the
United States by the Constitution, nor prOhib-
tied by it to the States, are reserved to the
States, respectively, or to the people," there
fore also, the same act of Congress, passed on
the l4th day of July, 1898, and entitled " An
act in addition to the act for the punishment of
certain crimes against the United States !" as
also the act passed by them on the 9th day of
June, 1898, entitled "An act to punish frauds
committed on the Bank Of the United States"
and all other of their acts phich assume 10 ere
ale, define, or punish, crimes other than those
enumerated in the Constitution, are altogether
VOID and Of NO FORCE and that the power to
create, define, and punish, such other crimes,
is reserved, and of right appertains solely and
exclusively, to the respective States each with
in it's own territory.
6. Resolution respecting alien lar
Resolved. That the Imprisonment OF person |