The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-23


1926 between this bill and the Missouri prohibition be
tween law which opens the Territory TO slavery II the
people SO desire H. aud one which forever excludes IL
whether the people wish II not Between two such
propositions he southern man hesitate which
choose2 win go further, and ask him whether,
lover Of his country friend the peace and
qulify Of the Union he hesitate in his
choicel
Sir we of the South believe that the powers of the
eIal gos perverted from their legitimate pur
poses in the passage Of the Missouri prohibition Yet we
not to close our the fact that the South was not
without its participation in that result II is true the
South acted upon that occasion under the pressure OF
high and urgent public necessity il is true she was forced
10 yield 10 the impending storm OF anailesm when reed
wildly and earully through the land II Is true that the
before her the exclusion Of Missouri from
the confederacy with probably fatal consequences TO
the Union her admission on terms destructive OF her
equality and sovereignty rs State or her admission with
the less unconstitutional nterdct Of slavery north OF
80 deg 80 min Between these alternatives she forced
in her then position, to choose Mr. Calhoun, IN lS47
thought she erred in snrrenderng for mere temporary pur
poses high principles of the constitution Others may
think differently but she nevertheless did yield and the
record painfully exhibits the fact advert to these events
with pleasure but to show the real position in which
the question now presents itself before The law has
been in force for hryo years and important arrange
ments have been made to conform to IT,
Now, sir how does the question stand proposition
from northern staesmenmade in spirit Of fraer-
nal kndnessto rectfy the wrong which their predeces
sors in Of sectional excitement forced upon the
South and the country They propose TO repeal that
rictiono remove that obnoxious nterdic and to leave
the question Of the future exclusion introduction OF sa
very be determined by the constitution aud by the wishes
of tine people nhabiting that Territory And yet the gen
ueman from Maryland is satisfied with this proposal
but would have them by act OF Congress to revive and
eenact the status of slavery which existed at the date Of
the ccsson Can in candor and Justice expect this,
under the circumstances Ought we to ask p For one
sir unhesitatingly say 4
Unquestionab the true principle Of congressional
intervcntonsuch 1T understood and practised by
the earlier statesmen of this countrys that every acqu
ston of territory whether toleating prohibiting
slavery should be received and recognised as such and
NIL Vad IN until nr hN
organic and fundamental law Of the people resident there
in and yet proposition plain as we hold this to be
may by the legislation of half century, become
complicated to render it impraccable to restore Ter
rtory precisely to the condition in which received it.
In human affairs wisdom consists in the nearest approx
nation to right which atainabe under the circumstances
of our situation This may be regarded the light in
which these Territories stand before us for egs
aton and such the character and effect OF the present
bill
But bonos for what purpose ask friends the
North to expose themselves to inevitable destruction by
eneounterng the hot passions of excited people in
enacting the local laws Of slavery that territory when If
construction of the constitution be sound one that
instrument itself will afford u.s. under this BILL the most
ample and perfect protection.
No questions that the effect of this bill is to leave to
the constitution its free and unrestricted operation in that
Territory Then if the doctrine uniformly maintained by
the South be sound one and hold il TO be So that the
citizens Of every State in the Union have equal rights in
the Territories and that all property recognised such
by the constitution will be protected there by that nstru
nent does not the southern emgran stand ground
as high and npregnabe under this BILL If the local laws
of the territory in fact revived and reenacted2
Sir, we all remember the proposition submitted in ls4s
and of which Mr. Calhoun and the President Of the
Senate Mr.. Atchson, were members and in which they
eoncurred for the organization Of the Territories of Cali
forna and New Mexico That bill extended the constu-
ZION those Territories and without repeating the Mex
can laws prohibiting slavery it left il to the Supreme Court
of the United States decide whether that constitution did
roprio pge repeal those laws and protect the rights
of the stakeholder This bill received an almost united
southern under the confident declaration Of opinion
that the Supreme Courtcoud not do otherwise than decide
in favor OF that right under the constitution The North
with almost equal unanmity declined the arbtrament of
that high tribunal Ii the South in the position
which She then assumed with the difficulty growing out of
tue intervention of the Mexican antislavery laws how
much better her condition under this bill which
every impeachment the free and unrestricted enjoyment of
rights under the constitution?
But il commended by the gentleman from Maryland that
slavery exist alone by virtue of positive local law that
the relation of master and slave is recognised beyond
such local limits and that whilst the constitution affords
slavery projections where locally established within the
United States it affords where not locally esab
lished do not concur with that gentleman in any Of
hese legal propositions lie undoubtedly find judicial
decisions in support Of the doctrine which he maintains
that slavery exists alone by virtue of positive statute law
But there are other decisions of equal greater weight
holding the opposite opinion and his doctrine Is contra
diccd certainly by the whole history Of that institution
upon this continent Slavery existed in all the colonies
before any laws passed to authorize It, The supreme
court of Louisiana has with great historical accuracy
nounced the true state of facts this point Slavery
listed Ia the colonies before any legislative act Of the mother
authorizing their introduction the char
OF the African company and before any colonial had
passed declaring lis existence And in like manner
the supreme court Of Virginia has said The slavery Of
the African has existed from the time Of bringing them into
the colonyn many States by express enactmens in 9TH
by custom In Virginia 1t Is certain that slavery ex
listed long before any local laws passed TO author
ize IL.
Nor the position less unsound that slavery win he
recognised beyond the limits OF the local government which
has established IT, Gases will doubtless be found and very
many Of them where slaves brought within the limits OF
States Whose laws forbid slavery have been adudgod free
But might safely defy the production Of single case in
this country where slave taken 20 State Territory,
whose laws did positively forbid slavery has been alb
is the case and hold the principle upon thai point to be
property declared By the supreme court OF the State OF
Louisiana, as follows:
1T may Be laid down legal axiom, that In all govern
nents In Which the municipal regulations not absolutely
oppod Bag persons reduced to that State may be held
In itn
Sir slaves recognised as property IN the constitution
and laws Of the United States on the high and
land in your foreign diplomacy and in your domestic
lepislaion in yonr navigation laws execution laws
and your laws for the collection Of Under these
latter laws slaves have been purchased Of your officers and
held property and The proceeds Of sale paid into your
national treasury. Sir with such system OF jurispru
dcnce and with local law forbidding slavery, south
emiprant would he hmd and dsirustfnl indeed who
declined to take his slaves Kansas Nebraska under
this bill If its soil and climate afforded any inducemeni TO
such emigration
DO the soil and climate OF Kansas and Nebraska afford
any nducement TO the employment OF labor there
ton the subject has It's aptitude inapttude for
ard ina uoft