The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-17

!
TO decide the question for themselves in the time
giving slavery legal existence unless first established by
a law OF the Territory.
If the people want the institution Of slavery they may
adopt IL but until It is adopted where would be the
thory TO legally hold slave? Am told it would be
found in the constitution of the United Sates If that be
true the retention of the Missouri Compromise until the
people act would avail nothing for the very good
that IT would be superseded by the constitution which is
the paramount law If the South possess any such right
under the constitution, which have all to sup
port am bound good citizen, acquesce in it in
letter and In spirit FIVE differ TO the legal effect of the
constitution there is happily provided superior tribunal
to which the question appropriately be referred and by
that decision am prepared to stand.
want no better platform than the constitution of my
country, and viii abide by it, matter how great the
outside PRESSURE or what the personal consequences to
1t is question: however of very considerable impor-
lance, whether under the Senate bill siayy can legally
exist in Nebraska Kansas without positive territorial
acment 1t is question which presses itself particularly
upon the attention of gentlemen who expect to go before
the people of the free States in defence Of this and
know it will be regarded with anxious concern by my
constituents believe il will be by the citizens OF Indiana
generally.
Sir they are people who have always acted with strict
fidelity the constitution and the rights of all the States
making it their proud boast that in duty and respect to
the different sections of common country, they know
'no North, South East no West-nothing but the
| constitution and the Union.'
AS community, they have no sickly sentimentAlty
upon the subject OF slavery they do not forget that 1t ex
listed in a the States at the formation of the general gov
ernment and that where exists it is matter of
cessiiy rather than of choice; they believe as general
thing that negroes are but little better off in state OF
freedom at the North than they in state OF slavery IN
the South; they have by an unprecedented majority ex
cuded the whole black from coming into their borders
by constitutional provisions and as far as know there
not ut this time negro in the whole county where re-
side If slave escapes into Indiana, we give him up
promptly to his master not because affords pleasure
do but because is right secured to the master by
the constitution and the laws of the country which it
duty, good citizens to obey We LIKE THE ISsT
TUITION OF SLAVERY NEITHER IN ITS MORAL SOCIAL NOR PoLIT
BEARING; CONSIDER THAT IT is MATTER WHICH, LIKE
ALL OTHER DOMESTIC AFFAIRS EACH ORGANIZED COMMUNITY
OUGHT DECIDE FOR ITSELF This know to
be the sentiment of my constituents believe it is Of
nnetenths OF the people OF Indiana We have Tree ns
tutions and happy and prosperous and it is natural
that sympathes should be in favor of freedom Whilst
intend to act in perfect good faith towards brethren
of the South do conceal that ardeny hope that
slavery may not be extended and this believe is sen
common to all the free States That slavery will in
the providence Of God some day cease to exist in this
country have always believed can doubt that its
existence in the United States WILL by colonization and
otherwise, be made under Divine Providence means of
Christanizng cviizing and regenerang the whole Afr
can racenow but one degree removed from the brute
creation
| But return to the question Immediately under
consideration and shall endeavor to show that under the
Senate BILL slavery have legal existence unless the
legislature chosen by the citizens Of the Territory give il
being by legal enactment; that it is scarcely possible the
people Of these Territories will ever 80 decide And fur
ther that the is just and proper to ALL sections
and in strict conformity with democratic principles and
the genius Of our republican institutions.
In considering the first position, shall not SO much aim
to enter into argument of own as 70 show the opn
ions of eminent ris and statesmen who have examined
the subject and have expressed views in relation thereto in
which II will be conceded upon all hands that
slavery have legal existence in these Territories
without territorial laws that end being first passed.
less under the operation Of the constitution OF the Uni
ted States--a doctrine which has for moment been
entertained by portion of the NORTH and far as
know falls far short of being the general sentiment OF the
South II be conclusiyey shown think, that this
doctrine has been discarded by of the abest southern
statesmen that it in conflict with the DECISIONS of sew
eral Of the southern courts and also Of the courts Of the
United States well the opinion OF nearly all eminent
law authors who have written upon the subject
The gentlemen who maintain this doctrine have been
called upon in vain point that clause in the cons
tuition which gives "a certain constitutional motive power
slavery by which it Immediately spreads any
try least for certain class of persons soon it Is
acquired by the United States and would be there pro-
tected until the Territory formed into State
believe it is not claimed ExpnEss provision
Of the constitution but IMPLIED right necessary TO
perfect equality among the States II was my good for
tune 10 be present when this claim considered by
Of the most eminent southern statesmen this country has
produced In speech made in the Senate February
s. 1850 Mr. Clay addueed arguments touching the point
which believe, have been successfully answered
and unanswerabe. Among other things, he said:
"Now, really must say that the idea that instant
upon the eonsummaon Of the treaty the constitution Of the
United spread itself the acquired territory, and
carried along with the institution Of slavery is 50 rrecon
cable with any comprehension or any which pos
sess that hardly know how TO meet it, Why sir, these
United States consist OF thirty States In fifteen Of them
there was slavery fifteen slavery did exist How
IL argued upon the other side that the fifteen slave States
by the operation Of the constitution OF the United States
carried into the ceded country their institution of slavery
than II be argued, the other SIDE that by
the operation Of the constitution the fifteen free States
carried into the ccdcd territories the principle freedom
which they from policy, have chosen to adopt within their
1 limits 2"
Upon another occasion, during the session, Mr.
SoulS contendcd for the constitutional right carry slaves
into the Territories. Mr.. Clay replied
"1f by the constitution Of the United States there is
right the part of every STAKEHOLDER Of this country,
carry into the ceded territories (ekh certainly
/ bcficrc adBtt) trhn docs the
" Does Ne ,cish the consffuoa BE- re-cpacedf Cas The
paramount authority be strengthened bg of sbordiaa
poper -
he went on TO say that he could agree TO an amend
men which assumed point OF law that under the
sutiop Of the United States there n right 10 carry
slaves into the Territories lie declared in most emphatic
language that he could vote for such proposition.
II am not mistaken, the sentiment advanced
on the floor Of the Senate March 1850 by another dis
nguisbcd southern SENATOR the observed Of all OBJ
servers in this hail Upon that occasion the great Missouri
senator said
Believing in what have said from the beginning, that
slavery extinct New Mexico and in all California aud
cann0i be rcrircd either, port Of either, WhoM
positive enactment, ready to vote them govetnmen
without any provision upon the subject OF slavery
Whatever may be the views Of that distinguished gentle
70 the propriey Of passing this BILL cannot doubt
but he considers slavery purely creature OF municipal
law that il would not be carried into Nebraska and Kan
sas by The operation Of the constitution aiope and that il
have legal existence there without positive enact
I mentp
Still another distinguished southern senator and profound
constitutional lawyer who is the author Of amendment
this bll OF some celebrity Mr. BADGER in speaking to
the question whether the laws in force in the territory
qued from Mexico superseded by the operation Of the