The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-02-23
THE IssUE-THK SUBJECT CONTINUED

THE IssUE-THE SUBJECT CONTINUED
We must not forget the position of the Indie.
pendent Democracy, assailed by the Washiuo.
ton Sentinel viz: that by the original policy
of the fathers of the Republic, "Slayery wa.
restricted within State limits, and Freedom VII,
to be secured to every person outside Of State
limits, and under the exclusive Jurisdiction Of
the General Government" The first argu.
ment against this position, urged by that paper.
that the slave trade was sanctioned, continued
and protected, by the fathers of the Republic
and therefore their original policy could not
have been as stated in the Address, We dis.
posed of yesterday.
The assertion made by the Seatinel in Con
nection with this argument-that slaves on the
high seas in American vessels are held as
chattels solely and exclusively by virtue of the
exclusive jurisdiction Of the General Govern
ment '-as We showed, involved not only the
affirmation Of Principle, fundamental in tie
creed of Independent Democracy, but the repu-
dation of the policy of Non. Intervention, as ad
vocatcd by that journal.
Proceeding, then, to examine whether it was
true or false we showed that there was no pro.
vision in the Constitution of the United States
in virtue of which slaves on board American
vessels on the high seas could be continued as
such.
At this point we resume the argument. We
admit that there is a lar of Congress, aSsun.
ing jurisdiction over the transpor tation Of
slaves coastwise, and recognising them as slaves
on their passage from one port to another in
the United States. 1t is part and parcel of the
act passed by Congress in 1907, for the aboli-
ton of the foreign slave trade, and the object
of it was to prevent the codSttciSe trade an sldr
who might be brought from Cuba or Airics
OF other foreign countries, IN erGsion Of heGd
1t was not intended to encourage, or sanction,
or protect the coastwise trade in slaves the
trainers of the act were intent upon another
object, seeking indeed in good faith to carry
out the original policy of the fathers CT the
Republic. So exclusively was their attention
directed to this end, that they overlooked The
implied sanction contained in the terms Of
the act to the transportation of slaves coast
wise The sections containing this implication
but designed to prevent infraction or invasion
of the prohibition against the importation Of
slaves, provided that slaves should not be trans
ported coastwise from one port to another in
the United States, in vessels under forty tons
burden, that all slaves thus transported should
be described particularly in the manifests, and
that the shipper should swear that they were
not imported into the United States after Janu.
airy I, 1903.
The existence of these provisions proves moth
ing against the position, taken in the Address
in respect to the "original policy of the fathers
of tho Republic" because the great object Of
the law of which they are part, was to carry
out the original policy of Slavery restriction
and because their real intent was simply t.
prevent the fraudulent evasion of the Law
but, if this be denied, and if We admit for the
sake of the argument, that their inisat a.
we'll az effect was TO protect and encourage
Slavery outside of State limits and within the
exclusive jurisdiction of the General Govern
mcnt, then they prove q departure from that
" original policy" and not its non existence
Apart from the bearings of these provisions
on the general argument, do they sustain the
assumption of the Sentinel, that slaves are
held Us such in American vessels on the high
seas, in virtue of the exclusive jurisdiction Of
the General Government? If they do, they
are unconstitutional, and incompatible with
the policy and the doctrine of nOn-interven-
ton. Where is power conferred in the Con
stitution, on Congress, to make or hold q eAsSe
II can no more make slave than a king as
was well said by a Democratic member of Con
gress Not only is no power conferred 10
make or continue Slavery, but the Genersl
Government is positively restricted from depFi
wing any person of life, liberty, or the pursuit
Of happiness, without due process of law.
If the provisions of the act of 1907, then,
are designed to continue the status Of Slavery
on the high seas, from the moment the slaves,
shipped at an American port, pass beyond
State jurisdiction they are clearly unconstiiu-
sional and therefore null and void.
That they are incompatible under every as
pect with the doctrine Of Non-lntervention,
scarcely needs an argument. If their design
be as just stated, or il, in the language OF the
Sentinel, they sanction and protect Slavery on
the high seas, they constitute a clear case oil
fragrant Intervention with Slavery by the
General Government, which the Sentinel II
true to its own creed, must unite with us III
denouncing.
The truth is, legal Slavery-we use the
phrase as generally understood in all sections
of our country-neyer exists under the Amer
can flag, on the high seas, outside of the jarf
dction of State. The slave code of the State
stops at State.limits," has no ertrd-territOra
force. To claim that the law of Virginia OF
Kentucky can stamp upon a man the ineiface
able character Of slave, is to claim that 1t Is
at once universal and supreme The Sent'"0
does we'll 10 reject the sbsurdity that slaves
under the American flag on the high seas ar
held or continued as slaves by State law
And there is no Federal Law, Ordalning Vi
continuing Slavery in such circumstance
How would it look?
Whereas the. transportation of slaves uiO''
the American flag, coastwise, is a great w"
venience to the Planters and Slave traders ~"
,rhertds the State Laws under which S"''s
are held have no binding force beyond o''"
limits, and slaves shipped at any port WIZ
a State, cannot be held as such, ON the n'6'
seas, which are beyond State jurisdiction .1
"Therefore, Be it enacted by the IN, ~
States in Congress assembled that Slavery -
and hereby is, legalizsd, in all American
sele on the ocean, beyond State JurlSoi0N,
.l:-~oI a.. ola at any PV''