The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-20

it is created BY Legislative enactment or thai il has is
origin an positive law2 II they are ignorant Of the
pliosolf of property. Law does moi create IL u only
lsprings up 10 protect and regulate il when preexists
Slavery anedates recorded history and positive law II il
the oldest iorn o properly recognised and a. deiensbe
as any Other kind la tben State IS there positive
enactment declaring that there shall be such property t
there are many acts recognising and protecting IT, IT,
like all Other property is regarded b the law relating 10
Iit as preexisung thing When il introduced into
the American colonies il rested positive act but
laws soon clustered around protect and regulate it,
The common Ia. Of every people among whom II exists
sanctions II the common law Of people sanctions
property which does not exist among them The common
law Is the acereton Of rules for the OF the soce
~ over which II prevails and il grows out Of the socl
exigencies applies only the ataS OF the people among
whom II exists Thus slavery introduced
where the common law prevailed il originated usages or
Jaws 10 protect IL Slavery then, like other property, IL
not crested by law but being preexent is only pro-
tecsed ynd regulated by it. In Is slavery
beyond he authority OF the State which recognises II into
the jurisdiction Of which does recognise it, loses
It's character property unless il plead the sanctions
Of international law through the stress OF circumstances
which that law acknowledges If carried however into
State which recognises susceptible Of property il is
sh property though subject to the laws Of the State into
which Is carried This true Of every kind Of property
Property in slaves is local than any Other kind
of property only the number OF sovereign governments
which recognise il as property are fewer than the number
which recognise most other kinds Of property The ACTION
OF foreign sovereign governments however has nothing
To do with the rights Of the South in this matter. The
simple question is the federal government
agent trustee recognise and protect il in the common
territory The federal government has right 10 deter
mine what property That is et entirely 10 the States
sovereign bodies haieyera State determines IL prop
ery that the federal government s bound by the very
principles Of its constitution recognise and protect
such The territory being the common property OF all the
States and the citizens Of each State being equally entitled
10 its enjoyment while the right determine what is
property belongs alone the States clear thai the
federal agent make distinction discrimination
between the States their citizens Each State deter
mines what is property within her limits and whatever she
determines be such the federal government her agent
bound 10 regard property also in the Territory which
belongs equally to all the States belongs 10 them r nj
and per tout II i the merest qnibbi9 ask If the DIFF
ferent State laws TO go to the trritd Nearly all the
laws of the various States in relation to almost all kinds OF
property different DO they 20 the territory aud
the kinds Of property about which they differ
excluded from it No the duty of the federal
is 70 protect the Territory whatever State determines
to be property. Fifteen States in this Union still determine
that there is property in the African slave and the federal
agent il pledged 10 recognise and protect IT,
Sir the first question in this controversy is as 10 the
nature and character Of our system Of poiiy If the fed
era government is sovereign then il may in the exercise
OF naked power, exclude whom and what property IL
peases from the Territory il is sovereign, then the con-
sttuton is abdcaed and nslaved by an rrespon-
sibe popular depotism Sir Of all tyrannies the popular
tyranny is the base aud devastating because its APP
pettes the most gross and inAppesable It's life the
most convusiye and It's acts the most curst with crime
and wrong Sir popular tyranny is popular lawessness
and public pllhge pray God 10 shield our land from
curse desolating this from a sword which will
smte down the constitution and say the very spirit Of re-
publican freedom And ye, upon the ruins OF this once
we-halanccd system you rearing this deormed and
monstrous hydra Rear IL and the sterile tract OF your
future history VIII he unirradiated 10y single ray Of
glory. viii he unbrighfened By single act Of justice
Sir you cannot escape this consummauon II you hang
sovereignty around this federal government and make the
States the provinces Of consolidated empire To do
this yon must upheave all constitutional landmark KS
and like Cortes extingush all memory Of the Old World
in the ashes OF ms blazing feet and looking only 70 the
New You must burn up in the fires Of anaucsm all the
proud lories and history of the past and turn unaded
and blindy 70 the lowering future.
The whole course Of this slavery agitation has been 70
sggrandze the federal goyerninent misconoepon Of
is powers and functions excited northern fanasm into
action and that misc0noepuon with increasing sectional
power has hroadened and deened until the very origin
and scope Of this government Is being overlooked and for
gotten Tie up Congress within the limits Of its appro
pirate duties, and Won expel this agitation.
The second great question involved in the controversy is
property itself You deny that there is property in the
Slave Your denial shakes the very foundation Of proper
" i the oshoot Of the insurrectionary popular dog
mas which In Paris inangursied behind barriodes
and which baptized with blood Yes il l. the doc
trine of prudhon that property Is theft II is
nsm MANNED and with its faoe backed, 10 Disguise IL
Those who urge the exclusion Of the citizens Of the South
from the teree with their slave property while they
admit All other kinds Of property, are driven, by the un
aparnE logic Of their 10 assa The character Of this
property And yet WIN, kind o. property i Older what
kind 4 more sacred I ash, than this II has formed a
part Of public and municipal International and common
law To illustrate This let read extract from de-
cree of Lord Stoweil better known Sir William Scott
made in 1914 His reputation coeral with English iu
risprudenoo He says
Iot me not be msunderstood or meprcsented pro-
fsd sologis Tor the practice (he siave sade when state
facs isf deny that personal slavery arising
a captivity oeeval with the earliest periods u the history Of
mankind that 1t found existing gand, FAR APPEAR
vithou anmadveraion) IN the earliest and authentic
~ the human TINT IL srecognsed bv the codes OF
the polished nations Of antiquity; fta, der ~ toA NJ
Ohssasu sf the possession of persons acquired has
been every civilized country invested with the character Of
property and secured such by all the protection Of Law
that solemn been framed and national mon0po
lies eagerly sought facilitate and extend the
this asserted propertyan al this with the sanctions o law
public and municipal and without opposition, except the
protests Of e pr,ross oroIs ls heard and less attended
% IN every country m within these rery few years IN NE
particular country.
Thus much sir for these sophisms about property Now
sir those Who would exclude slave property from the
Territory must affirm, either that the federal government
Is sovereign, that there be property in slaves
In this connection Mr.. Chairman, win submit few
marks upon branch n this latter proposition II i said
In carrying slaves there carry not only property but
our slaves win be represented The true question Is
of property and the political power follows incident
let erssnins the history o fhs hreefth representa-
4 ton.
II the eighth article q The old confederation find the
following clause
kn charges of war and an other expenses that shall be
incurred for theoomnon defence general welfare and al
lowed BY the United States IN Congress assembled, shall be
defrnyed 81 treasury which sha be supplied
by the several States in proportion 10 the value Of all land
within each State granted surveyed for each person
shall be estimated according such mode the United States
in Congress assemblcd shall from time 70 time direct and
point.
By this article II viii Ne that the value Of lands nd
improvements made the rule for apportonipR the pub
r burdens and taxes between States In 1854