The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-22

such sense as to authorize, support, and coun-
tenance it but on the contrary if faithfully exc
cuted, Slavery could not exist another hour any
where under its exclusive jurisdiction instead
of its shield it would prove its sword instead OF
| its refuge, its hot avenger. The Constitution,
while its declared objects, in part, are " to es-
tablish justice" and "secure the blessings OF
liberty" expressly provides that mo person shall
be deprived Of life, liberty, or property, without
due process of law :" that the right OF the peo-
pie to be secure in their persons, houses, papers,
and effects, against unreasonable searches ano
seizures, shall not be violated; and that tine
privilege of the writ of Habeas Corpus shall not be
suspended unless when in cases OF reoeiiion or
invasion the public safety may require 1t" Sia-
very, as it is well understood, depriyes persons
of life, liberty, and property, not by due process
of law but by the summary process OF force 1t
| annuls the right of people to be secure from un-
reasonable searches and seizures, by breaking
open the very sanctuary of private rights, search
ing and Selling, not only property, but persons,
and dragging them forth as booty, to be worked,
whipped and sold in the human flesh markets.
It suspends, in effect the writ of Hdbeds Corpus,
the great bulwark of liberty, in relation to per-
sons not guilty of invasion rebellion, but
guilty of skin not colored like our own" and
not even of that, in many cases, but OF pure
,ohate 4" complexon-the negro Anglo-Saxonized.
Here the speaker gave way, by request, for a
motion to adjourn; but after long struggle it
failed, and he proceeded.
am very sorry, Mr.. President, to tax the pa
thence of the Senate, but at the same time am
not responsible for the introduction of this sub
jec into the Senate, and therefore shall proceed
with what | have to say.
The Constitution expressly prohibits the pas
sage of any bill of attainder, yet Slavery defantly
atlantis persons of African descent to such a
degree, that the purest anglo-Saxon blood of the
|" first families" has but little power to bleach out
the faint, and work an absolution. The expert
ment has been III progress in this country for
more than two hundred years under the cunning
and conservative principle, partus seqitur rentrem;
and still it is found that it requires not less than
fifteen-sixteenths of the purest Caucasian blood
to remove the attainder and restore the attainted
to the rights and dignity of manhood. In the
early history ofthe country three-fourths parts of
white blood entitled the slave to freedom, and
he became, in virtue thereof a white man but,
owing since to the rapid fading of the slaves
complexion, it has been thought necessary and
profitable, practically, to dispense with color
altogether as an index of Slavery and make it
depend-not on paterpdl, no. no--but on maternal
descent. Such is the fact in this District Per-
sons are held here in Slavery, at this moment, as
white as the whitest Senator on this floor
am aware that, in years past, when the free
States through their Legislatures and otherwise,
have invoked Congress to abolish Slavery in the
Federal District, it has been the policy of its
defenders to take refuge behind the States which
coded the District, and cast the responsibility
upon them, but, in my opinion, without any
shadow of a reason. Let us examine this sub
terfuge for moment The slave-laws of the
District, no one will deny were enacted by the
Congress of the United States, approved by the
President of the United States, and they are en-
forced by the authority of the United States, in
District over which Congress has " exclusive
jurisdiction, in all cases whatsoever" by the
Constitution of the United States. Because
Maryland may have had such laws at the time
of the cessiOn Of that part of the District now
remaining to the United States, so far from
king that State responsible for their existence
here, it only shows that Congress copied those
laws from her statutes, and adopted them as its
own Supposing if it possible, Congress
had derived those laws from the customs of some
barbarous tribes, would that act have inculpated
those barbarians, and exonerated Congress and
the United States from the responsibility of their
enactment and existence here2 No man could
entertain so preposterouS an idea for moment
By the constitutional provision anticipating
the cessOn of the District, the jurisdiction of the
United States is unconditional and complete,
without anything implied or understood. Neither
Maryland nor any other State asked to exercise
coordinate jurisdiction over the District and
dictate its legislation. Had such demand been
made, the answer would have been found in the
Constitution, vesting in Congress the right to
exercise exclusive legislation in all cases what
soever over such District" thus inhibitng Con-
gress from becoming party to any such stipula-
ton. Says Madison, in the forty-third number
of the Federalist
The indispensable necessity of complete au-
thority at the seat of Government carries its
own evidence with it."
The absurdity of the pretence of an implied
obligation to Maryland, or to any other State TO
maintain Slavery in the Federal District accord
ing to the pleasure of such State, may be thus
exposed: Supposing landholder should make
an absolute conveyance of farm, with an un-
slightly and pestilential marsh upon it, and when
the owner proposed to drain and reclaim it. his
neighbors should tell him of implied obligation
20 do no such thing, nasmuch as the grantor has
similar swamp, of vastly greater size, on his
remaining lands, and there are many such on the
surrounding farms, all of which would appear the
more unsghtly and repulsive by the contrast, and
the whole neighbOrhood be exposed to a partially
purified and healthful atmosphere. The utter
baselessness of such a pretension is obvious. Is
it any the less preposterous to say, that nasmuch
as Maryland had Slavery when she coded the
District to the United States there was an implied
obligation on the part of the latter never without
her consent, to abate the nuisance within the
District, to drain the pestiferous marsh, because
her own Slavery might appear all the more odious
from the contrast with Liberty here, and not only
herself but all slavedom would be in danger from
Freedom?
Congress is responsible to all the States, and to
the people of the States, for its legislation here
and not to Maryland solely, else the National is
subordinate to State authority, and is ncom-
petent TO fulfill its great designs. Congress has
the same authority to abolish Slavery in the
Federal District, that Maryland or any other
slave State, has to abolish it within her limits
and to assume that the only legislative power in
the District is incompetent to do away the evil
here, Is tantamount to saying that it cannot re-
peal the laws of its own enacting within its own
exclusive jurisdiction, which is contemptibly alb
| surd. If lunatc Congress should frantieally
| assume 10 legalize robbery in the District could
| not subsequent Congress- restored to reason
| blot out the barbarous enactment, and make res
titution TO the victims Clearly, then, Congress,
| having enacted laws by which men are held in
Slavery in this District can hasten to their re-
| lief, knock off their chains and restore to them
their plundered rights, their long-lost manhood.
The Jeifersonian Ordinance of 1884, abolishing
and prohibiting Slavery within the Northwestern
| Territory, was ratified by the unanimous vote of
the first Congress under the Constitution. Sup
posing some member from Virginia had arisen
there and objected, on the ground that, inasmuch
as Virginia had coded that Territory to the United
States, there was a tacit and implied understand
ing that Congress would not abolish Slavery there
in, without the consent of Virginia-he would
have been challenged to produce the proof, and,
failing, would have been justly regarded as more
Jealous for Slavery than wise for Freedom.
But, Mr.. President, l deem it unnecessary to
pursue the argument farther on this point, since
the power of Congress Slavery in the District
has been admitted by the highest authorities in the
|
SELF by the passing of a law prohibiting the i'm
portation of slaves into the District, for SALE If