Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1854-03-23


treat prominence to the sovereign right of tax
atiou in the States. In the case of Providence
Rank Us. pittman, 4 Peters, 5l4, they declare
-. That the taxing power is ofsyital' lmpor-
lance that it is essential TO the eristing Cor
erninet that the REIMBURSEMENT of such pow
or is never to be assumed;
And again, in the case OF Dobbins rs. Commits
siousrs Of Erie County, IL Peters, Al, they
say: ,..
existence of GOrcrnmeRt--an incident Of s0rcr
c,gnty. Ih9 right of legislation is co-extensiye
with the incident, to attach 1t upon all persons
and property within the Jurisdiction Of the
State.
New. | C Ii upon Senators to remark, that
this sacred right said to be essential to the very
existence of Government, is abridged in the bill
now before us.
For myself. [ do not doubt the power Of Con-
grcss to lasten this restriction upon the Terrific
nv, and afterwards upon the State, as has been
always done; but am at loss to see on what
grounds this can be placed, Which will not also
support the prohibition of slavery, Tie iormc-
er is an uuquestionabein.ring OF soverigni-
ty, as declared by Our Supreme CoGrt, lar more
than can be asserted Of the later.
am unwilling to admit, sir, that the prohi-
bition of Slavery in the Territories is, In any
i0st sense an infringement OF the local sovereign
ty. Slavery is an infraction OF the lmmutlole
law of nature, and, rs slch cannot be consider
ed a natural incident to any sovereignty, es-
pecially in country which has solemnly de-
clared, in its Declaration of Independence, the
inalienablu right of all men to life, liberty, and
the pursuit OF happiness. In an age OF ciylllz-
alton, and in land Of rights. Slavery may still
be tolerated in fact; but its prohibition, within
municipal Jurisdiction, by the Government
thereof as by one the States of the Union, cam
not be considered an infraction OF natural hts
nor can lis prohibition by Congress in the Terri
tories be regarded as an Infringement OF the To-
cal sovereignty, founded, as it must be, on nat
ural rights.
But another argument is pressed, most ti,lla-
clio 8 in its character 1t is asserted that. mas
much as the Territories were acquired by the
common treasure, they are the common property
of the whole Union; and, therefore, no citizen
can be prevented from moving into them with
his slaves, without an infringement Of the equal
rights and privileges which belong to him as a
citizen of the United States Bat, it is admit-
ted, that the people of this very Territory, when
organized as IA STATE, may exclude slaves, and in
this way abridg9 an asserted right founded on
the common property in the Territory. Now
if this can be done by the few thousand settlers,
who constitute the State government, the whole
argument founded on the acquisition of the
Territories By 4 common treasure. seems futile
and evanescent.
But this argument proceeds on an assump-
ton which cannot stand. 1t assumes that
Slavery is q national institution, and that pro-
pcrty in slaves is recognized by the Constitution
of the United States Nothing can be more
false. Dy the Judgment Of the Supreme Court
of the United States, and also by the principles
of the common law, Slavery is local munci-
pal nstitL ton, which derives its support ex-
clasivcly from local municipal laws, and beyond
the sphero Of thes. laws it ceases to exist except
50 far as it may be preserved by the clause for
the rendition Of tugitycs from Labor. Mad
ison thought it wrong to admit into the Con-
stituti0n the idea that there can be property
in man; and rejoice to believe that no such
idea can be f,und there The Constitution re-
CARDS slaves always as persons with the
rights OF ''pers)ns, never as property. When
it is said, therefore, that every citizen may en-
ter the national domain with his property, it
dots not follow by any rule of logic or of law,
that he may carry his slaves. On the contrary,
he can only carry that property which is ad-
mtred to be such by the uni, ers;l law OF nature,
written by God $ own finger on The heart OF
man.
Again The relation Of master and slave is
sometimes classed with the domestic relations
Now, while it is .unqnestionablc among the
powers OF any State, wthin it's oyen Jurisdiction
wife, and to establish poyyuny. | presume no
person would contend that It polyg2moas hus-
band, resident in one of the states, wo0ld be
entitled to enter Tie national Territory with his
harenl-his property if yo. pleasc--and there
claim immonity Clearly, when no passes the
bounds Of tiIat Jurisdiction, wLicl sanctlont
polygamy the peculiar domestic relation wooi1
cease and it is precisely the same with Slavery
Sir. | dismiss these considerations. The pro-
hihition OF Slavery in the Territory OF Nebraska
stands on loAnda lions vi adanlnt ,upheld by the
early policy OF the Fathers, by constant prece-
dent, and tinU-honoreu compact. III ls now II
your power TO overt;lrn it; you may remove the
sacred landmark; ana open the whole vast DO
main to Slavery. 10 you is committed this
Mig. }rerogative. Oar fathers, on the eve OF
the Kcsolu lion set forth in btrning words among
their grievances, that George ILL.,, Sin order tc
keel; open It market where men siiolld BE- ooasht
an SID, had prostitatod his negative for SIP,
pressing every Legislative attempt toWrohltt ol
RS. rain tuis cXecrab!e commerce.. olr, Ike
the english monarch, so, may now prostitute
your power to this same p"rpose. Bat you can
not escape tie Judgment OF the world, nor the
doom OF history
Ii will he in vain, that, while doing this
yling, yoi plead, in apology, the principles Of
sat-go, lrnment, which you profess to recognize
in the Terril tories. sir, this very principle
when truly administered, secures equal rights
to all, wilnout distinction OF color or race, and
makes Slavery impossible. BY no rule OF justice
and by no .btlcty OF political metaphysics, car
the right to nold a lelow-nan i'll bondage be
regarded as essential to sali-goverpmcnt. The
inconsistency is too fragrant. 1t is apparent or
the bare statement. 1t is like saying fwo and
t,co make three In the name OF Liberty you
open the door to Slavery. With professions OF
Equal Rights on the lips, you trample on the
rights of Human Nature. With kiss upon
the brow Of that fair Territory you betray IL tt
wretchedness and shame. Well did the patrlo'
soul exclam, in bitter words, wrung out by
bitter experience son Liberty! what crime
are done in thy name "
In vain, sir, you will plead, that this measure
proceeds from the North, as has been suggested
by the Senator from Kentucky, (Mr. DIXON
Even if this We're true, it would be no apology
But, preciptated as this bill has been upon TIT
Senate, at ii moment of general calm, ana IN th'
absence OF any controlling exigency, ana ther
hurried to a vote in advance OF the public voice
as if fearful of arrest, it cannot be justly called
the offspring of any popular sentiment. In thi'
respect it differs widely from the Missouri pro
hibition, which, after solemn debate, extending
through two sessions of Congress-, and ample
discussion before the people, was adopted Ger
tainly there is, as yet, no evidence that thu
measure, thong supported by Northern men
proceeds from that Northern sentiment winch Il
to be found, strong and fresh in the schools, thu
churches, and homes of the people. Pop"l
omnes AID AquILoNEM posHi Liberfdf'm guam