The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-11-08


therefore, is to abstain from interference with it
IN the States. 1t is also our duty to prohibit
its extension in the National Territories, and
its continuance where we are constitutionally
responsible for its existence"
March 26th, 1880, he said
We find, on the contrary extreme care to
exclude these ideas from the Constitution. Mel
Their the word slave nor slavery il TO be found
in any provision. There is not a single expires
sion which charges the National Government
with any responsibility in regard 70 Slavery.
No power is conferred on Congress either to es-
tabiish or sustain ii. The trainers of the
Constitution left it where they found it, exclu
sivey in and under the jurisdiction Of the States.
Whenever slaves are referred to at all in the
Constitution, whether in the clause providing
for the apportionment of representation and
direct taxation, or in that STIMULATING for the
extradtion of fugitives from service, or in that
restricting Congress as to the prohibition Of i'm
portation or migration, they are spoken of. not
as persons held as property, but as persons held
to service, or having their conditions determined
under State laws. We learn, indeed, from de
bates in the Constitutional Convention, that the
idea of property in men was excluded with
special solcitude.
% No person shall be deprived of
life, liberty, property, without due process Of
law. '-COHSt., -iHlcHd., Dirt. D.
In my judgment, sir if this amendment had
never been made, Congress would have had no
power to institute Slavery; that is to say, to en-
force, by its laws, the subsection of one man to
the absolute control and disposal Of another
man; for no such power is conferred by the
Constitution, and the action OF Congress must
be restrained within its delegated powers. But
the amendment Is an express guaranty of per
sonal liberty. II is an express prohibition
against Its invasion. So long as II remains
part OF the Constitution, and is obeyed Slavery
cannot be cOnstitutionally introduced, any
where, by the legislation of Congress. It must
depend, and depend wholly, upon State law,
both for existence and support. Beyond State
limits, within the boundaries of the United
States, there can be constitutionally no slave"
In January, 1854, he remarked:
"Sir, our offence is, that we deny the nation
atty of Slavery. No man can show that We
have ever sought to interfere with the legsla-
ton of any State of the Union upon that subject
All that we have ever insisted upon is, that the
Territories of this Union shall be preserved
from Slavery; and that, where the General Gov
eminent exercises exclusive jurisdiction, its
Legislation shall be on the side of Liberty"
! And again, in February, 1854:
! My general view upon this subject is sim
/ ply this: Slavery is the subsection Of one man
to the absolute disposal Of another man, by
force. Master and slave according 10 The prin-
ciples of the Declaration Of Independence, and
by the law of nature, are alike men, endowed
by their Creator with equal rights. Sir, Mr.
Pinkney was right, when. in the MARYLAND
House of Delegates, he exclaimed, by the
eternal principles Of justice, 10 man in the
State has right to hold his slave for a single
hour. Slavery then exists nowhere by the law
OF nature. Wherever it exists at all, it must
be through the sanction and support of NUM-
cipal or State legislation.
Upon this state Of things the Constitution
acts. 1t recognises all men as persons. Ii con
ters no power, but, on the contrary, expressly
denies to the Government Of its creation all
power to establish or continue Slavery. Con.
gress has no more power under the Constitution
to make q slave than to make a king no more
power to establish Slavery than to establish the
Iuquistion.
AT the same time, the Constitution coniys, NJ
power on Congress, but, on the contrary, denies
all power, to interfere with the internal policy
of any State, sanctioned and established bv It's
own Constitution and by It's own legislation,
in respect to the personal relations Of It's inhab-
itants. The States, under the Constitution,
are absolutely free from all interference by
Congress in that respect, except, perhaps, in
the case of war or Instruction, and may legis-
late as they please within the limitations of
their own Constitutions. They may allow Sla-
very If they please Just as they NAV license
other wrongs but State laws, by which Slavery
is allowed and regulated, can operate only with
in the limits of the Slate, and can have no ex-
tra-territorisl effect"
As to his views on the subject Of the Terrific
ries, they are clearly set forth in the following
extracts, taken from the same source. June 9th,
1885, he said:
"For myself, hold that the Constitution ex-
tends to the Territories, and in this we nearly
all agree; but we differ widely as to the effects
! OF the Constitution upon personal rights For
my own part, 80 long rs the Constitution re-
tains unaltered that provision which denies To
Congress all power to deprive any person Of lib
erty without due process of law, / shall not be-
lieve that any person can be held in the Ter
ritories as slave, without violation of that IL
strument. Cong GLOBE, roi. Il, pit. ZIP. ll46.
June t., 1880
March 9th, 1850, he said:
" In my judgment, also, neither the Govern
ment of the United States, nor any Territorial
Government, is or can he constitutionally author
lied to institute Slavery, any more thaa a mon
archy, or a national religion, or the inquisi.
ton. Cong. Globe, rOt ~, pit. /, App, p. 378,
March 9th, 1850.
From the same:
"For myself, l cannot doubt upon the sub.
ject. The power to provide Governments for
the Territories, and to prescribe Just limits TO
their action, is clearly given by the Constitu-
ton. 1t has been exercised under every Ad-
ministration, and by nearly every Congress,
since the organization of the Government
Whatever differences OF opinion there may have
been as to the existence or limits of other pow
ers, there has been very little al to this
The power to prohibit Slavery in the Terrific
RES il, in my Judgment, clear and indisputa-
bic, and the duty of exercising it is imperative
aud sacred"
"But we are told, that if Congress prohibit
Slavery in the Territories, or abolish Slavery or
the slave trade in this District, or fail to pro-
vide adequate securities for the return Of runa
way slaves, the South will dissolve the Union
This cry, Mr. President, neither astonishes nor
alarms me. L have never thought, nor do |
now think, that any man should be deferred by
it from an honest, fearless discharge of his
duty here. 1t is an old cry, not without profit
to those who have used it."
For the National Era.