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

thc leTiitoriSs, anu gel Tue question: out " Soh-
gress.
The Senate bill, as il now stands, for the pend
| ing amendment, which Is The same thingD repeats
all laws either establishing prohibiting slavery
IN the Territories aud no such law can exist, I'M
less II is created by the regular aw-naking power
moi prepared, therefore, 10 say that u differs
very materially from my proposition, since the
grand object had in view was 10 leave the people
tree 10 decide the question Tor themselves; 10 the
| mean time giving slavery no legal existence, I'M
| less irst established by law oil The Territory,
4 III The people want The institution of slavery,
,hey may adopt il; but until II is adopted where
would be the authority TO legally hold slave
! Ain told il would be found in the Constitution
j OF the Unied States! Ii that be true, the relen-
lion Of The Missouri compromise until the people
ACT would avail nothing, for the very good reason
thai il would be superseded by the Constitution,
which Is the paramount law Ii the south pos
sess any such right under The Constitution, which
We have all sworn to support, am bound.
good citizen, 10 acque-ce in II in letter and in
i spirit. Ii we diier 10 the legal effect Of the
Constitution, there is, happily, provided superior
tribunal 10 W ich the question can appropriately
be reierredi and by that decision am prepared
4 10 stand.
| want no better platform than The Constitution
OF my country, and will abi.e by it, matter how
| great the outside pressure, or what the personal
consequences TO myself
i IL is question, however, of very considerable
| Importance, whether under the Senate bill slavery
! can legally exist in Nebraska or Kansas, without
4
which presses itself particularly upon the atten-
lion of gentlemen who expect 10 go before the
people OF the tree STATES In defence of this nIea
sure /; and know il will be regarded with anxious
| concern by my constituents as believe il will be
| by the clzens OF Indiana generally.
Sir, they are people who have always acted
with strict fidelity TO the Constitution and the
rights of all The States, making their proud boast
thst, in duty and respect The different sections
! OF our common country, they know north, no
\ nstl
1 ton and tho~Union."
As community, they have no sickly sen,-
mentality upon the subject of slavery; they do
/ mol forget that il existed in all the States al the
formation OF The general government, and that
/ where II exists now II is a matter Of necessity,
| rather than OF choice; they believe, general
thing, that negroes are but little better OF In a
stale ofireedom al the north than they in a
! state OF slavery The south they have, by an
unprecedented majority, exclu, ed the whole black
race from coming lnto their borders by constiiu-
tonal provisions. and, so far as know, there is
not at this time one negro in the whole county
| where reside II a slave escapes into Indiana
We give him up promptly TO his master; mol be-
cause II affords US pleasure TO do 80, but because
IL is right secured 10 the master by the Consti-
tuition and the laws oi The country which il is our
du y. as good citizens, 10 obey. We do mot like
The h,aantiom of slare,y, ne,tAer tn ITS moral
ctai or political barring 6nt consider thar IL is a
matter schicA Ike all other domestic AFFAIRS each
gantzed community ought 10 be aL0sced to dtrtds
J0r fSeJ Ibis know 10 be the sentiment oil my
constituents, believe IL is OF nne-tenlhs OF The
people OF Indiana. We have free institutions and
are happy and prosperous, and ii is natural that
eur sypnpalhles should be in favor Of freedom.
Whilst we intend 10 act in perfect good faith 10
wards our brethren Of the south, do not
ceal that ardently hope that slavery may not
be extended; and this, / believe. is sentiment
common 10 ii the fee States. That slavery will,
IN the providence OF God, some day cease TO exist
! In this country, have always believed nor can
/ lis in ed nj wi
by colonization aud otherwise, be made, under
DIVINE Providence. means OF christanizing
civiIizing, aud regenerating the whole African
race. now but one degree removed from the brute
creation.
i But return TO the question more Immediately
under consideration, and shall endeavor 10 show
that, under the Senate bill, slavery can have no
legal existence, unless the legislature chosen by
the citizens OF the Territory, give il being by legal
enactment; that il is scarcely possible The people
of these Territories will ever so decide. And,
further, that the measure is just and proper 10 all
sections, and IN strict conformity with democratic
principles and the genius Of republican insti-
buttons.
In considering the first position. ! shall not so
much aim TO enter into an argument Of my own as
To show the opinions Of eminent jurisis and states
men who have examined the subject, and have ex
pressed views in relation thereto in which con-
cur. II will be conceded upon all hands tina,
slavery can have no legal existence in these Ter
rories without territorial laws TO that end being
, 1
Constitution Of The United States-a doctrine
which has never for a moment been entertained
by any portion of the north. and as far az know.
tails lar short OF being the general sentiment Of
the south II can be concu>ivey shown, think,
| that this doctrine has been discarded by some OF
the abest southern statesmen; that il is in conflict
/ with the decisions of several of the southern
courts and also of the Of the United States,
as well as the opinion of nearly all eminent law
lhors who have written upon the subject.
i The gentlemen who maintain this doctrine have
been called upon in vain TO point out that clause
IN the Constitution which gives a certain con-
>titutional motive-power 10 slavery, by which il
immediately spreads over any country, at least for
certain class Of persons. soon il is acquired
by the United States" and would be there pro-
lected until the Territory was formed into State
government. ! believe it is not claimed
cypress provision OF the Constitution, but nm
pii,d right, necessary 10 perfect equality among
, The States. II was my good fortune 10 be present
when thu. claim was considered by one of the
, most eminent southern statesmen this country
has ever produced. In speech made in the
4 senate February 5, 1850, Mr.. Clay adduced argu-
nents touching the point which, believe, have
never been successfully answered, and are unan-
swerable Among other things, he said;
snow, really, must say that the idea that n,tant
upon the contamination of the treaty. the Constitution OF
The United States spread itself the acquired territory
and carried along with the institution Of slavery is
possess, that hardly know how to meet it, why sir
these United States consist Of thirty States fifteen of
How be argued upon the other side
slave States by the operation Of the Constitution the
United States carried into the ceded country their nsu
ton of slavery, any than 1t be argued upon
other side that by the operation Of the Constitution
fifteen free States carried into the territories the
principle which they, from policy chosen
10 adopt within their limtsp
Upon another occasion. during the same session.
Mr.. Soue commended for the constitutional right to
carry slaves into the Territories. Mr.. Clay replied:
"If by the Constitution the United States there Is
|
carry slaves into the coded territories oc certainly do
6etere dd1ai) rhof does the senator lront r.
acis tie C5nstitui0 to Be re-enacfedf Can The
paramount authority be strengthened By act Of si6od
nate polcerr
He went on 10 say, that he could not agree TO an
| amendment which assumed, in point Of law, that,
urder the Constitution Of the United States, there
Sas right 10 carry slaves into the Territories
lie declared, in most emphatic language, that he
could vote for no such proposition.
II am not mistaken, the same sentiment was