Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-05-16

force Until repealed because the right TO hold
slaves there being claimed a. constitutional right,
and on no other ground, aud the Constitution be-
ing the highest law Of the land, would have super
seeded The law Of Mexico had such been in force,
which was disputed point.
DuriHg the present discussion, the gentleman
from Maryland Mr.. FRANKLINl declared that I'M
der this Ill "ther- be no slavery in this Ter
ritory either by natural law or by the Constitution
OF the United States, until the Legislature of that
Territory by law admits in
The gentleman from Mississippi, [Mr. HARRIsl
In his late speech, said
sBetween you and me, Mr.. Chairman, the Constitution
don't carry slave anywhere. except IL be runaway, aud
does take him back from free State to his master In
slave State There law for that But sir In Territory
nom fha face Of which all law has been swept in what
way does the Constitution protect slavery There must
be local regulation TO enable to invoke the Consttu
ton Is the Constitution TO keep marshl there TO
vent the slave who may be carried there from setting
for himself II Nebraska remain free Of local law
relative slavery like island fresh risen the
and two men--a black man and white man--fnd them
selves there will the Constitution decide which Is the
which is the slave, confess should feel that
there would be ground to apprehend that the black
man might turn the tables upon me-" g i I'M
dertake TO that the opinion prevails extensively that
slavery cannot exist except by the sanction of local law
The opinion prevails extensively north aud south"
But, sir, my time will not adm, of further quo
tations touching this point. What have pro-
duced has been entirely drawn from southern
sources, and might be extended much further.
As far as | know, il is the universal sentiment
natural or nnwritten law, and can only legally
exist by positive enactment; il is creature OF
the municipal law only. The same opinions are
entertained by leading gentlemen OF the south, as
have already shown. All law writers, believe,
maintain the same doctrine and il has been so held
by several of the southern courts. As examples, it
is laid down in Martins Louisiana Reports, pages
402 and 403, that g the relation Of O1oner and
sLaUe is, in the States of the Union in which has
legal existence, a creature Of municipal lar.
In hos ha.. .tal aofM it,,,t
walkers Reports. page o6 that g the right of the
master exists not by force of the law OF nature
or OF nations, but by virtue only Of the posture
ia'c." And again, IN the same State, slavery
is condemned by reason and the laws of nature.
IL esists, and can only erist through municipai
regulationsn
In ID Mafshalrs Kentucky Reports, 40, il is
laid down that SLAVERY er,sis only by positive lane
Of a municipal character, acithout foundation az
the LaW IF nature, or the n,craten and common
laa0" And ina celebrated case in The Suprlne
Court Of the United States, Prgg Us. the State
of Pennsylvania, (see Peters Digest, VOL. q page
6l0Jit was laid down that tie state Of Slace,y ~
deemed to BE- mere mnnicipal regulation, joanded
upon and Hmited to The range IF tie te,rftoraat
Laacn
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 are reps aled. II, therefore.
slavery exists only by virtue of municipal law,
and if all existing laws in relation TO II are repealed
by this bill. how slaves be legally held in these
Territories unless the people first adopt the inst-
tulion2 Let any one point out the authority
which would authorize il. Why. the very pre-
sumption of The law would be against the master,
and in favor Of the freedom OF the slave; for II
has been held by the circuit court of the United
ates, (sevenlh crcuit) that schers SLAVERY rs not
expressly established BY iaw every person ncithoat
distinction Of color, presumed 10 be free I'D Me-
Leans Reports page 607) In the same case, II
was declared by Judge Mclean. that slavery is
local in its character. II depends upon the minl-
cipal law OF the State where il is established
And il person held in slavery go beyond the
jurisdiction where he is held. and into another
sovereignty where slavery is not tolerated, he be-
comes free.n
II will be borne in mind that am speaking of
case where the owner would voluntarily remove
into Nebraska or Kansas 10 reside with his me-
groes, to hold as slaves, and not 10 any other.
The case OF slave escaping from his master, and
fleeing into oil these Territories, is altogether
Tor that is case expressly provided for
by the Constitution of the United States aud the
laws OF Congress.
Before leaving this subject, will refer 10 one
other decision not only because il is in point, and
was decided in a slave State, (Kentncky) but he
cause is it originated in part in the Territory of
Indiana and the parties 10 the transaction will te
remembered by many persons now living IN that
state. One of them, Robert Todd, war land
holder in the immediate neigborhood where !
reside and his name will be familiar TO many Of
my constituents. ! refer 10 case which Will be
found 10 I'd MarshaIl's Kentucky Reports, page
40. will first read short recital OF the facts
upon which the case is founded:
"Lydia was born slave in Kentucky, In the year 1905
and belonged John Warrck citizen of this State who
removed hence In the year 1907 70 the late Territory OF
Der year. together with Lydia and her mother whom
be took with him. and whom he kept until the 9th Of De-
cember 1914 when he sold his right to Lydia, In that
Territory Thomas Miller, likewise resident there who
aold her Robert Todd, citizen and resident Of Ken
ueky ,co brought her u Kfntncky and sold her to John
Rankin who sl holds her slave for life, she being
person of color, and he having had knowledge when he
purchased her from Todd, Of the foregoing facts"
On this state Of the case the court decided Lydia
TO be free:
claim the influence Of the general principles Of liberty
which all admire and conceive 1t ought to be decided
sanctioned by the laws Of this State and the right to hold
them under municipal regulations is unquestionabie
niepa character ,oio foundation in lie lac Of nature
The u,ciien and common tdp IT. by the positive pro-
visions in CODE can and must hold our slaves in the
and statutory provisions equally positive decide
against that right In the other, and berate the slave
he must by authority equally imperious, be declared
free"
II has Justly been said in reference 10 this case
by a senator from Wisconsin, Mr.. WALKER
shat the slaves were taken TO the Indiana Ierri
tory unaer local lars permitting 1T; and yet the
court decided that the slaves became free. il Is
true the court DECIDED tney became Tree Dy virtue
Of The ordinance of 1857 but that nothing
more than local law forbiGding slavery. Now,
If tie Consultation makes siarey political insti-
futon ii nouM hare overriden tie local la,c of the
Territory"
That there may be no room 10 doubt that have
correctly stated the operation Of the Senate bill.
will give the exact language OF that portion OF ii
which has bearing upon the points have intro
duced 1t reads follows
THAT tho Constitution and all laws Of the United Staes
which not locally inappcabe, shall have the
and effect within the said Territory Of Nebraska
elsewhere within the United States except the eighth
ton Of the the admission Of Missouri into
the Union approx ed March 1920 which, being inconss
with the principle Of nonnterv by Congress
with slavery in the States and Territories recognised by
the Legislation Of 1850 commonly called the compromise
measures hereby declared imperative aud vod being
the true intent and meaning Of this act not 10 legate
slavery into Territory State exclude 1t there
FROM but TO leave the people thereof perfectly free to form
and regulate their domes institutions In their way
subject only to the Constitution Of the United Staes
rded That nothing herein contained shall be construed
revive put in force any law regulaon which may
have existed prior to the Of 9th March, 1890 either pro-
tecng, establishing prohibiting, aboishing slavery
/ think, then, Mr. Chairman, that il is clear. lie
yond The possibility Of doubt that, nnder this 6iA
as il will stand if the proposed substitute be