Washington sentinel., 1854-05-05


tween the original right to establish slavery and
the right Of a stakeholder, in a government
where il has already been established, to carry
with him and hold his slaves in Territory
which is the common property ofthe States and
the people of the Union. 1t is true, as has been
| stated, that the inhuman principle which once
existed, of the right of the captor to the life and
| services of his captive taken in time OF war, no
| longer exists. But this has nothing to do with
l the question now under consideration, because
| the question as to the original right 10 estap-
| lish slavery is not involved in this bill.
/ have said that the Territories are the COM
mon property of all the States, and Of the peo-
ple of ali the States They do not belong any
more to one State than another, nor to one citi-
zen more than another. If then, they are the
common property of all, what power upon earth
can prevent southern man from going into
| them, and carrying with him his property, of
whatever kind, and holding it until some law is
passed by competent authority to prohibit him
| from SO doing? There is none, sir. l admit
the right of the people of Territory to exclude
slavery when they form constitution to ask
admission as a State into the Union. But, until
there is law to prohibit it. slaves may be held
there as any other property which is recognised
| country. Are slaves, then, recognised as pro-
i
| ted States
| The Constitution, fourth article second sec
ton, describes slave as "person held to SER
| vice or labor" and provides that such slave es-
Gaping into another State shall not be discharged
from service or labor under any law or regula-
ton of that State, but shall be delivered up on
claim of the party to whom such labor or SER
vice may be due--that is to his owner. This
provision of the Constitution recognises the
right of the master to the services Of his slaves.
And, leaving out of view the question as to
whether there can exist property in human
beings, there is a property distinctly recognised
in the right of the master to the services and
labor of his slave. But, sir, slaves are recog.
nised both as persons and as property by the
Constitution and the laws of Congress. AS
persons, they constitute an element of repre-
sentation, giving to their owner political rights
which otherwise he would not possess as pro-
perty, they are liable to taxation, and have been
taxed whenever this government has resorted
to direct taxes.
In the decennial apportionment of represen-
tatives among the several States, conforming
to the provision of the Constitution Congress
has included three-ffths of the slaves; and, in
imposing direct taxes, has made this recogni-
ton yet more distinctly. By referring to the
act of 1913, g Peters Laws U. s., 22,) it viii
|
rect taxes shall be laid on the value of all
, lands, lots of ground, with their improvements,
dwelling houses, and slaves 7 The seventh
section relates to the list to be required Of the
property "taXable as aforesaid" and includes
slaves" by name.
The tenth section provides for the valuation
, of slaves" The eleventh relates to the
"slaves' of absentees.
The twelfth provides for the assessment of
the value Of the slaves"
The twenty-fIst section authorizes the col
lector to enforce the collection of the tax by
distress and sale ofthe goods, chattels or effects
of the persons delinquent and when these are
insufficient, the twenty-second section empowers
him to sell so much of the real estate as may
be sufficient TO satisfy the tax.
BY the act of the 26th of April, 1916, e Pc
terss Laws Z. S. 1927 in the sixteenth sec
ton, it is provided:
That in all cases in which tax shall be charged
for slaves, the real estate of the person charged
Herewith may be sold therefor, in the same man
ner as for tax due thereon; but no slave sold for
taxes shall be purchased on behalf of the United
States.'
Under the operation of these laws many
slaves have been sold, and the proceeds paid
into the national treasury. And the operation
is almost daily repeated of the sale of slaves by
virtue of executions founded on judgments rem
| 'dered against defaulting officers. But, again,
slaves are recognised as property by our navi-
, cation laws. Ifa person desires to take q slave
| coastwise from one port to another nthe United
, States, he must, in conformity to the requisi-
tons of the act Of Congress Of the I'd March,
1907, e Peterss Laws U. S., 1927 make out
and subscribe duplicate manifests of this SER
want, specifying his name, age, stature, &c,
with the name and place Of residence Of the
owner or shipper, and deliver them to the col
lector, &C., before whom the captain, with the
owner or shipper must make oath that this
negro was not imported or brought into the
United States from and after the lst of Janua-
ry, 1908, and that, under the laws Of the State,
, he is held to service or labor. Thereupon the
collector is to certify these proceedings on the
; manifests, one of which he is to deliver to the
captain, with apermit, authorizing him to pro-
ceed to the port of his destination. These are
, the provisions of the act of Congress in relation
to vessels Of forty tons or more, "saiing coast
/ wise from any port of the United States to any
, port within the jurisdiction of the same, having
on board any negro, mulatto, or person of color,
, for the purpose of transporting them to be sold
or disposed of as slaves, to be held to service
or labor" The act, moreover, provides for the
granting of a permit to land such slaves on the
arrival ofthe vessel at her port of destination.
One other reference, sir, and / am done with
this branch of the subject. In the case of
Groves ct al. rs. Slaughter, (l5th Peters's Re-
ports, 49, in which Judge Baldwin delivered
the opinion of the court, he says
feel bound TO consider slaves as property by
the laws ofthe United States before the adoption
of the Constitution, and from the first settlement
of the colonies that this right of property exists
independently OF the Constitution, which does not
create. but recognises and protects il from viola
ton by any law regulation of any Stale, in the
cases TO which the Constitution applies. II was a
principle of the Revolution, and the practical con-
struciion of the Declaration of Independence, tha.
necessity expediency justified the refusal
of liberty 10 persons of particular color, and
that those 10 whom their services were due were
their owners. q Laws United States, 81, 25) In
the 7th article of the preliminary treaty of peace
with Great Britain, there is this expression, ne
groes or other property (Ib 1881 Also the Hh
article Of the defntivc article ut. 20I which con-
. clusively shows the then accepted understanding
of the country; and that il not different after
: : the adoption OF the Constitution, appears as con-
cusivey by the 1s article of the treaty of Client,
which refers to amy slave or other private proper