The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-16


has been recognised throughout the civilized world h
~ al governments N uheh ne municipal regulations are ~
absolutely opposed 10 starer persons redaced 10 n STAT
may te held h This principle was expressly decided ~
the supreme court of louisiana IN which the court say
"It be laid down legal axiom that, in all
nen in which the municipal regulations not absolutely
TO slavery persons reduced to that state may be held
4 There were laws however existing in that Territory
(which recognised the existence OF slavery There not
only the French and Spanish laws but the laws Of Con-
gres Of the territorial legislature Of Missouri and Of ndi-
ana referred to by the gentleman from Virginia Mr. MILF
soN But these laws did not establish slavery; they only
recognised lis existence by providing for its domestic regu
laton and the distribution OF slaves in kind IN cases o IN
tesate The question then arises these laws repealed
BY the Missouri restricon2 Sir, have already shown
that the eighth section OF the act OF the 9th March, 1870
was unconstitutional and void and If so, IL could have no
lefect upon any law regulation political or municipal
which existed in the Territory prior TO its passage An
Unconstitutional Law cannot repeal which is constiiu-
tiona suspend ts operation II s useless for
me 10 cite authority TO show that law passed in violation
Of the constitution s void and stands upon the statute
book no law at all The principle has been decided hy
the highest jnridica tribunals OF every Stale IN this nion
and by the Supreme Court Of the United States.
But sir suppose wrong in these positions and that
the passage Of the Senate bin would form in that Territory
abuia rasa stated by the gentleman from Maryland
Mr. FRANKLIN and leave il without any law either csab
fishing prohibiting slavery ask what more can south-
crn men demand what more can they desire Is not the
Territory then open to us as to the citizens OF the nort
ern States and have not much right 70 90 into H.
and carry with us property, as the citizens o the
northern States have emgrac with their property
But sir il is said By the gentleman from Maryland, Mr.
FRANKLIN that southern cannot carry with them into
this Territory their slaves and hold them, without local
law to authorize it, First he says because slavery cannot
exist by the laws of Nature; and secondly ii cannot be
established without positive law 10 establish it. Now sir
is not necessary for to controyeri either of these po
stons 70 show the right of the STAKEHOLDER to carry with
him into any territory belonging his government his
slaves, and to hold them where there is law to pro-
hibit it.
The gentleman from Maryland has fallen into eyre
gious by distinguishing between the original
NJ in
government where il has already been established to
carry with him and hold his slaves in Territory which Is
the common property of the States and the people OF the
Union 1t is true, has been stated that the inhunan
principle which existed Of the right of the cptor to
the life and services of his captive taken in time of
longer exists But this has nothing do with the quts-
ton under consideration because the question as TO
the original right to establish slavery is not involved IN
this bill
have said that the Territories the property
of all the States and Of the people Of all the States They
do not belong any to State than another to
citizen than another II then they the COM
mon property OF ALL what power upon earth can prevent
southern from going into them and carrying with
him his property of whatever kind and holding il until
law |. passed by competent authority TO prohibit him
from dongY There Is none, sir. admit the right Of
the people of the Territory TO exclude slavery when they
form constitution to ask admission u State into the
Union But until there is law to prohibit IT. slaves may
be held there any other property which recognised as
such by the constitution and laws Of the country Are
slaves then recognised property by the constitution and
laws of the United Statcs2
The constitution fourth article second section describes
slave person held to service labor and provides
that such slave escaping into another State shall not be
discharged from service or labor under any law or reg
the party 10 whom such labor service may be duethat
Is 10 his ner This provision Of the constitution reeog
nises the right Of the master to the services OF hs slave
And leaving out Of view the question as to whether there
can exist property in human beings, there i property
distinctly recognised in the right of the master to the SER
vices aud labor Of his slave But SIR slaves are recognised
both as persons and as property hy the constitution ana
the laws OF Congress As persons they constitute an ele
Of representation, giving to their owner political
rights which otherwise he would not possess q property
they liable 10 taxation and have been taxed whenever
this government has resorted to direct taxes
In the decenna apporonment Of representatives among
the several States conforming TO the provision Of the con-
sttution Congress has included hree6hs of the slaves
and in imposing direct taxes, has made this recognition
yet more distinctly BY referring to the act of 1873 %
Peters Laws T. S. 22 it will be seen that the third sec
ton declares that direct shall be laid the value
Of all lands lots Of ground with their Improvements
dwelling houses and slaves The seventh section relates
the list to be required he property taxable a. aore
sad,n 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 tweuyfrst section authorizes the collector to en-
force the collection Of the tax by distress and sale Of the
goods chattels or effects Of the persons delinquent and
when these are insufficient the twenty section
powers him TO sell much Of the real estate ns may be
sufficient to satisfy the tax
Il By the Of the 26th of April 1916 2 Peters Laws
IL. s. 3o2l in the sixteenth section, it is provided
That IN all cases IN which shall be charged for slaves
tho real estate OF the person charged herewith may be sold
therefor in the for due thereon but
slave sold for shall be purchased behalf Of the United
States"
Under She operation ofthcse 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 judgments rendered
against deaung officers. But again, slaves recog-
nised as property by navigation laws If person de-
sres TO take slave coastwise from port to another in
j the United States he must In conformity 10 the requs
ons Of the act Of Congress Of The "a March, 1907 (2
Peerss Laws IT, s. t29 make out and subscribe duplicate
aniests Of this servant specifying his name age stature
&C. with the aud place Of residence of the owner
shipper and deliver Them TO the collector &C. before whom
the captain with the shipper, must make oath
that this negro not imported brought into the Un
ted States from and after the ls Of Janua 1903 and that
under The laws Of the State he Is held ioeryice labor
Thecupon Tie collector Is to certify these proceedings
the manifs Of which he Is 70 deliver 10 the captain
with permit authorizing him 10 proceed to the port Of
lhis destination These the provisions Of the act Of
Congress in relation 10 vessels Of forty tons sail
ing codswse from any port of the United States 10 any
port within the jurisdiction Of The having board
negro muato person Of color for the purpose Of
transporting iho 20 Ne sold disposed Of as slaves 20
he held 10 service labor The act moreover provides
or the granting Of permit 10 land such slaves the
rival of the vessel AZ her port Of destination.
Ono other reference sir and am done with this branch
af the subject In The of Graves A. Slaughter,
4 (l5 Peters Reports iia) in which Judge Baldwin dciy-
cred the opinion Of tho court he says:
RI feel bound TO consider slaves as property by the laws
of United taes before the adoption Of the
and from the first settlement oi the colonies that this right
Of property exists Independently OF the constitution, which