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

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or by constitution of the United States until the egs
lature of that Territory by law admits tp
The gentleman from Mississippi Mr. HAAas in his late
Speech said
don't carry slave anywhere except it be runaway and
does take him back from free State to his master in slave
State There is law for that Rut sir in Territory iron
the face of which all law has been swept in what way does
the constitution protect slayeryY There must be local
aon to enable TO invoke the constitution Is the con
sution to keep marshal there prevent the slave who
be carried there from setting up for himseY II Ne
island fresh risen from the sea- and two black and
white mannd themselves there will the constitution de-
eide which is the master and which Is the savei confess
should feel that there would be ground aPprehend that
the black man might turn the tables upon me-
that ayeu ny ee p he melton Of local law
The opinion prevails extensively North and South
| But sir my time will not admit of further quotations
touching this point What have produced has been
rey drawn from southern sources and might be extended
much further.
As far as know, il is the universal sentiment at the
North that slavery is not authorized by any natural or m
written law, and only legally exist by positive enact
men it is creature of the municipal law only The same
opinions entertained by leading gentlemen OF the South
have already shown. All law writer's believe main
tain the doctrine and il has been held by several
of the southern As examples il IS laid down in
Martins Louisiana Reports, pages 4o2 and 403 that THE
OWNER AND in the States Of the Union
IL which II has legal existence, CREATURE OF MUNICIPAL
LAW
has been decided in the State of Mississippi (WaSers
Reports page s6) that the right of the master exists not
by Of the law of of nations but by virtue
And again, in the same State,
Slavery is condemned by and the laws of Nature
iT EXISTS CAN ONLY EXIST THROUGH MUNICIPAL REduLA
TIoNs.n
In I'd Marshall's Kentucky Reports 47O it is laid down
that sarery erss only by ositce td Of municipal char
aeftr wihoa foundation the iac Of Nature the anwrien
and common iaaen And in celebrated in the Su-
peme Court of the United States Prgg the State Of
Pennsy lvania Peterss Digest VOL page 60) it
laid down. at The state Of siacery deemed to be
municipal regulation founded upon ndlmed the range Of
the territorial lar"
AS the bill now stands all laws in relation to slavery of
every description whatever Except in reference to slaves
escaping from their masters into the Territory
pealed IT. therefore, slavery exists only by virtue of
ncpa law and all existing laws in relation to it
peaed by this bill how slaves be legally held ia these
Territories unless the people first adopt the institution
Let any point out the authority which would author
ze it. Why, the very presumption of the law would be
against the master and in favor of the freedom of the
save for it has been held by the circuit court of the Uni
ted States seventh circuit that here siacy not
presSiy established by lar, eoey person rio distinction Of
color presumed TO be free ed McLeans Reports page
that slavery is local in lis character depends upon the
municipal law Of the State where it is established And if
person held in slavery go beyond the jurisdiction where
he held and into another sovereignty where slavery is
not tolerated, he becomes free
1t will be borne in mind that / speaking of
where the would voluntarily into Nebraska
Kansas 10 reside with his negroes to hold slaves and
not TO any other The case OF slave escaping from his
master and fleeing into Of these Territories is alto
gether different for that is expressly provided for
by the constitution Of the United States and the laws of
Congress.
Before leaving this subject wi refer TO one other de-
cision not only because in point was decided in
slave State, Kenucky) but because it originated in
part in the Territory of Indiana, and the parties to the
transaction will be remembered by many persons liy
ing in that State One of them Robert Todd land
holder the immediate neighborbood where reside and
his name will be familiar to many of my constituents
refer which will be founi in I'd Marshas Ken
lucky Reports page 470 viii first read short recital
of the facts upon which the case is founded
Lyda was born slave Kentucky in the year 1906 and
belonged to John Warrick citizen Of this State who re-
hence the year 1907 to the late Territory Of Indiana
where he settled shortly after the 18th of September of
year. together with Lyda and her mother whom he took
with him. and whom he kept until the 9th of December 1914
when he sold his right to Lydia in that Territory, Tho
Miller likewise resident there, who sold her Robert Todd
tpoky and sold her John W. Rankin who still holds
slave for @ she being of color and he having had
knowledge when he purchased her from Todd of the oreg
ing facts"
On this state Of the case court decided Lydia to be
/ free:
"ln deciding this question, said the court 1--WE disclam
the influence OF the general principles Of liberty which all
admire and conceive IT ought be decided BY the law
is, and not Il should be. Slavery is sanctioned by the
laws Of this State and the right hold them under
ncpa regulations is unquestonabe Ba riete fhis
right ccistng BY posifirc tap Of municipal character nth
IL by the positive provisions code we can
and hold slaves in the and statutory pro-
visions equally positive decide against that right in the other
and berae the slave be must by an authority equally i'm
perious, BE- declared free"
II has justly been said in reference 10 this case by sen
ator from Wisconsin, Mr WALKER that the slaves
taken 10 The Indiana Territory LAWS pEHr-
TING IT; and yet the decided that the slaves became
free 1t is true the court decided they became free by v
tue Of the ordinance Of 1887; but that nothing
than local law forbdding slavery Nom, II he ooasitH-
ton makes sarery political pstitioa scoald hare
ridden he local lar Of the Tsrriiory.p
That there may be 10 doubt that have correct
ly stated the operation Of the Senate BILL win give the
exact language Of that portion Of It which has bearing
upon the points have introduced II reads follows:
''That the constitution, and all laws Of the United States
which locally nappcabe shall have the
effect within the said Territory Of Nebraska elsewhere
within the United States the eighth section the
preparatory 10 the admission OF Missouri into the Union
proved March g. 1920, which, being inconsistent with the
principle of intervention by Congress with
States and Territories recognised by the legislation Of
1850 commonly called the compromise hereby
declared imperative and void beng the intent and
meaning Of this act not TO legate slavery into Territory
State, exclude tereom but leave the people
thereof perfectly free form and regulate their domestic in
sttutons in their subject only constitution
the United States Prorded fha, nothing herein
shall be construed to revive put in force any regu
aton which have existed prior the act o 9th March
1920 either protecting establishing, prohibiting or abolish
ing slavery"
think, then Mr. Chairman that it is clear beyond the
possibility OF doubt that RItI IL will stand
If the proposed substitute be adopted qUey cannot qa
ertst either IN Nebraska hansas unless ne peopL Meu
seres first lgsiate into being through ne requldrlogs
tued ldtp-rpatiag potco Of he Territory
At last sir the great and vital question a issue Is
whether the people Of the Territories shall be left 10 settle
for themselves the Institutions under which they are 10
isolated question whether man because he happens to live
in Territory, is less worthy Of being ntrusted with ALE
the rights and privileges Of American freeman than his
fortunate brother who happens live in State
Who win deny that these Territories shall be organ
zed into States they would have the clear and undspued