Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-02-17
THE NEBRASKA BILL AND SENATOR
CHASE.

4
Senator Chase, in his speech, says of the Con
titution :" That charter Of government was no
formed upon pro-slavery principles, but upor
anti-slayery principles. II nowhere recognises
any right of property in man. Itnowhere con
fers upon the government which it creates any
power to establish or to continue slavery
And, to fortify his position, he quotes the Ian
guage of Mr.. Justice Mclean: "That cannot
divest them of the leading and controlling
quality of persons, by which Meyare designated
in the Constitution The character of property
is given them by the local law. This law is re-
spected, and oil rights under it are protected by
the federal authorities. But the Constitution
acts upon slaves rs persons and not as pro-
| perty."
If the honorable senator offers the best argu-
ments his side of the question affords, the deci-
sion will be an easy one, for he answers
himself. He summons Mr.. Madison as evil
dence. We quote the senator: Mr.. Madison
himself records, in his report of the debates
of the convention his own declaration, that
it was wrong to admit in the Constitution
the idea that there could be property in
men, Can anything be more conclusive
that it had been admitted, than this declara.
ton that they did wrong in having admitted it7
1t is perfectly certain, if it had not been ad-
mitted, Mr.. Madison could not have used the
language quoted and it is susceptible of nc
other interpretation"
The quotation made from Mr.. Justice Nc
Lean is not less conclusively against the senator
The learned judge says the Constitution de
| signates slaves as persons" He says " this
law''-the local law which makes persons pro-
perty-"is respected, and aHgfghts under it are
protected by the federal authorittes.r The
senator's Interpretation of respecting and pro.
| tecting by the federal authorities is, the mo.
ment they get this property under their exclu.
sivejurisdiction, to rob the owners, whose rights
they are respecting and protecting. The Con,
stitution recognises "persons held to service =
If a slave be not "person held to service, y
will the senator indicate who is?
| If the senator will offer the following amend
ment to the Nebraska bill, we promise him q
more miraculous conversion than is like to en-
sue from the whole of his speech. The amend
ment may read somewhat thus:
Sand it is hereby further expressly provided
that all citizens migrating to any of the Terri.
tories of the United States shall be protected
in the secure and peaceful enjoyment of the
labor of persons held to service"
We doubt not, if the honorable senator will
bring up the question before the learned Judge
on similar plea, that he will decide precisely
4 as he has here done, and in manner equally
conclusive in regard to horse, and will say
"That cannot divest them of the leading
and controlling quality of animals, by which
they are designated in the Constitution. The
character of property is given them by the To-
cal law. This law is respected, and all rights
under it are protected by the federal authorities
But the Constitution acts upon horses as ami
mails, and not as property"
We will do for the senator that which he has
not done for himself, we will give the whole
opinion, as it will be delivered:
"The plaintiffs in error, in this case, being
| pack-horses, dray-horses, race-horses, coach.
horses, riding-horses, and wild horses, claim
their freedom under the Constitution, in the
Territory of the United States, because the
Constitution acts upon horses as animals, and
not as property. The court, however, after a
careful examination of authorities, and upon
full consultation, have come to an almost
unanimous opinion that dray-horse, coach.
horse, ct at., come fairly within the scope Of
| Hot Ill ~,
animals held to service The court hold that
the Constitution may term dray.horse an
animal held to service and leave him still a
horse. The decision of the court below is
therefore affirmed with costs"