The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02
NO 296.

| "a
such power is hardly more clear in one case
than in the other.
AT the risk of repetition but for the sake of
| clearness, review now this argument and
gather it together. Considering that Slavery
is of such an offensive character that it can
find sanction only in positive law" and that
it has no such positive" sanction in the Con-
stitution that the Constitution according TO
it's Preamble, was ordained to establish Jus
tee and "secure the blessings of liberty"
that, in the Convention which framed it, and
also elsewhere at the time il was declared not
to sanction Slavery; that according to the
Declaration of Independence and the Address
of the Continental Congress the Nation was
dedicated TO "liberty" and the rights OF hui
man nature; :" that according to the principles
of the common law, the Constitution must be
interpreted openly, actively, and perpetually,
for Freedom that, according to the decision
of the Supreme Court, it acts upon slaves, not
as property but as PERSONS; that, at the first
organization of the National Government under
Washington, Slavery had no national favor.
and existed nowhere beneath the national flag
or ON the national territory. but was openly
condemned by the Nation, the Church the
Colleges, and Literature of the time and final
ly, that according to an Amendment Of the
Constitution, the National Government can only
exercise powers delegated TO it among which
there is none to support Slavery; considering
these things sir it is impossible to avoid the
single conclusion that Slavery is in no respect
national institution, aud that the Constitu-
ton nowhere upholds property in man.
But there is one other special provision of the
Constitution, which | have reserved to this
stage, not so much from its superior import
ance, but because it may ftly stand by itself
This alone, if practically applied, would carry
Freedom TO all within its influence. IL is an
amendment proposed by the first Congress, as
follows:
No person shall be deprived of life, liberty, or
property, withoa d'e process Of iaic.'
Under this Ggis the liberty of every person
within the national jurisdiction is uneauivo-
cally placed. say of every person. OF this
there can be no question The word person y
IN the Constitution embraces every human
being within its sphere whether Caucasian,
Indian, or African from the President to the
slave. Show me "A person. no matter what his
condition, or race or color, within the national
| jurisdiction, and | confidently claim for him
| this protection. The natural meaning of the
clause is clear, but a single fact Of its history
places it in the broad light of noon. As origi-
nally recommended by North Carolina and
Virginia, it was restrained to the freeman. Its
language was, "No freeman ought to be de-
| prived OF his life, liberty, or property but by
the law of the land" In rejecting this limita-
| ton, the authors Of the amendment revealed
their purpose, that no person, under the Ma
tional Government. of whatever character,
shall be deprived of liberty without due process
of law; that is, without due presentnent, in
| Iiptp ar nth md oial,
by this Amendment is an express guaranty of
Personal Liberty, and an express prohibition
against its invasion anywhere, at least within
the national jurisdiction
Sir, apply these principles and Slavery will
again be as when Washington took his first
oath as President. The Union Flag of the Re-
public will become once more the flag Of Free
doSa, and at all points within the national ju-
rsdiction will refuse to cover slave Beneath its
benefcent folds, wherever it is carried on land
or sea, Slavery will disappear, like darkness
under the arrows of the ascending sun--like
the Spirit of Evil before the Angel of the Lord
In all national territories Slavery will be
impossible.
On the high seas, under the national flag,
Slavery will be impossible
In the District of Columbia Slavery will in
stantly cease.
Inspired by these principles, Congress can
give no sanction to Slavery by the admission
Of new Slave States.
Nowhere under the Constitution can the
Nation by legislation or otherwise, support
Slavery hunt slaves, or hold property in man.
| Such, cir, are my sincere convictions. Ac
cording to the Constitution, as ! understand
it, in the light of the Past and Of its true prn-
ciples, there is no other conclusion which is
rational or tenable which does not defy the
authoritative rules of Interpretation which
does not falsify indisputable facts of history ;
| which does not aiiront the public opinion in
which it had its birth and which does not dis
honor tho memory of the Fathers And yet
these convictions are now placed under formal
ban by politicians of the hour. The generous
sentiments which filled the early patriots and
! which impressed upon the Government they
founded, as upon the coin they circulated, the
image and superscrption of LIBERTY, have
lost their power. The slave.masters few in
number, amounting to about 100000, accord
ing to the recent census, have succeeded in
debating the policy Of the National Govern
ment, and have written SLAVERY on its front.
And now an arrogant and uprelenting ostra-
csm is applied, not only to all who express
themselves against Slavery, but to every man
who is unwilling to be the mental of Slavery.
A novel test tor Office il introduced which
would have excluded all the Fathers of the
Republic-evcn Washington, Jefferson, and
Franklin Yes, sir. Startling it may be; but
indisputable. Could these reyered demigods
of history once again descend upon earth,
and mngle in our affairs, not one Of them
could receive nomination from the National
Convention of either of the two old political
,,ar ~ nT fIa icti np nf fhnr rs
and the utterances of their lips against Sa-
very they would be condemned.
This single fact reveals the extent to which
the National Government has departed from
ts true course and its great examples. For
myself, know no better aim under the Con-
stitution, than to bring the Government back
TO the precise position on this question which
il occupied on the suspicious morning of its
first organization under Washington
Cursus terare
Reictos,
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 unreasona-
BILE let me commend a renowned and liie-giving
precedent of English history. As early rs the
days Of Queen Elizabeth, a courtier had boast
cd that the air of England was too pure for n
slave to breathe, and the common law was said
to forbid Slavery. And yet in the face Of this
vaunt kindred to that of our Fathers, and 80
truly honorable, slaves were introduced from
the West Indies The custom Of slavery grad
ually prevailed. Its positive legality was az
firmed in professional opinions by two eminent
lawyers, Talbot and Yorke, each afterwards
Lord Chancellor. 1t was also affirmed on the
bench by the latter as Lord Hardwicke. Eng
land was already Slave State. The follow
ing advertisement copied from London news
paper, the Pubic Advertiser of Nov 22d,