The daily union., 1856-04-08
SLAVERY IN THE rrnnrroRIrs.

SLAVERY IN THE TERRITORIES
Mr. WARNER sad:
Mr.. CHAiaNAE: The gentleman from Indiana Mr. BRRE-
TON who last addressed the committee upon the subject
otthe resdgnis message thought proper arragn that
oihrr betoTs the country for calling the attention of the
people oi The non-slay ayehodng States 70 their constitutional
obligations ~ regard 10 the institution of slavery it
ss in the United Staes Before final judgment shall he
redered upon that arragnmen ii may be proper to n
qure wheheE There existed any necessity any OCCASION for
the discharge OF that high and responsible duty the part
Of the Chief Magistrate of the Unon2 Has there been
formed in aypoton of this contedeacy, sectional po-
hue orgaEi Ion ~ the purpose Of depryng the people
OF the sIavehodng States rights so!enny guaranteed to
them by the constitution
Passing by for the present the repeated attempts hat
have been made in of the free States nufy the
ugtiye-slave law what, sir have witnessed in this
hall in regard to such sectional political organization
When we first assembled here for the purpose of eecng
organization Of this House. the senior member from
Ohio Mr. GpDNGs declared the line of policy that should
govern him and his political friends in that organization
that line Of policy declared to be to invoke the power
Of this government for the purpose of excluding slave
property from the common territory Of the Union. The
distinguished gentleman from Massachusetts put in
nomination for the Speakers chair to carry into practical
effect that declared line of policy and during the nine
weeks struggle which onsned here that distinguished gem
cmanor the purpose OF uniting the support OF his polt
c frendsdecared in his place. that he in favor Of
protecting the property Of southern men well as
northern in the common territory of the unon-that
Is TO say all such property as is recognised as property by
the universal law OF nations but that property in slaves
was not recognised by that universal law therefore,
was not entitled TO be protected in that common territory
that slavery existed in the States by force of positive law
and that whenever the of that property took it be-
yond the territorial limits of such State ii ceased to be
titled to protection property. With these declared opn-
ions the result of that proraccd contest well known to
this House and 10 the country.
Those who invoke the power of this government to
cude slavery from the territory give as reason
therefor that they in favor of berty-hat they in
favor Of the extension of liberty. too, sir, am in
favor of lbary, and in favor of the extension
os liberty; but it is not that Wild unbrdled, licen-
tous, hiyher-iaw liberty that wheed the guiotine aud
tIa5 Epoppa hlnnl
but it is that liberty which brings healing its wings
it is American liberty; it is constitutional liberty which
protects the citizen in the enjoyment of all his civil and
religious rights and his rights of property; that liberty
sir which the fathers Of the republic intended TO secure and
perDetate only for themselves but their posterlty,
when they sealed the bond of union between the States OF
this contederacy II is the fundamental principles of that
American liberty Of that constitutional liberty which
propose discuss to-day and shall endeavor to maintain
aud to demonstrate that 10 accordance with those tnnda,
mental principles constituents have both the legal and
equitable right take their slave property into the com
mon territory Of this Union 10 have it protected there and
hat this government has power under the constitution
TO deprive them Of that right
1t will be rccolleced that the federal constitution
established create rights but to secure and pro-
friStiag rights Hence il is material to inquire what
the rights of the people of the sayeholdng States in
regard tcr slave property before and at the time Of the
adoption Of that constitution? shall maintain and
detHie TO establish that the title OF my constituents 10
their property based upon any posre law of
State but that il rests for its foundation upon the uni
yesa law Of nations which recognised slaves as property
/
that before and at the time of the adoption of the cons
the citizens of the State of Georga-the same being
sovereign independent State-had the undoubted right
according to the weestablished principles OF nterna-
toua law take their slave property into any foreign
territory provided there law in that foreign terri
tory prohHg its introduction there and TO have 1t pro-
trclcd such foreign territory that the law Of nations
adopted part Of the common law In the original
thirteen States constituting part Of the law Of the land
before and at the time OF the adoption of the federal con
sutution.
It has been asserted here and elsewhere that slavery
lists in the States by force Of posture law and that when
the takes his slave property beyond the terri
torih limits of such State his title TO that property
be valid and operative for the protection Of that prop
ey. controvert this assumed proposition There is no
statute in the State of Georgia either colonial snce the
adoption Of her State constitution, which declares that
slaves shall be property within the territorial limits Of that
Sintc and far as know believe there Is not such a
sqtute in single slavehoding Stale in this Union const
tinI The original basis and foundation Of title TO slave
property We have many statutes which regulate the in
ton Of snvcry-statncs which confer privileges upon
the save-stautes which regulate the conduct Of the
towards his slave and which recognise slaves proper
ybu statute declaring that slaves shall be property
within the territorial limits of the State. And when we
come 10 look into the history Of this Thing IL would be
markabe indeed II auy such statute had ever existed
ave you any statutes in the States which
declare that your ships your merchandise your looms
and your spindes shall be property within the territorial
limits Of your respective States apprehend not no
more have any statutes in the slayohodug States de-
cang that slaves shall be property within the territorial
limits thereof The truth is that title TO slave property Ia
the slayehodng States upon the foundation
title any other species OF poper-to wit the univer
nations Those who nssert that slavery exists
in the States by force Of postUs law can II that asscr
ton be true easily settle the question by the produc-
ton Of the declared viii Of the supreme power of such
States imbodtd in the form Of legislative enactment
produce The evidence Of that positive law IN Legitimate
and authentic FORM to sustain the truth Of the assertion
Those who assert the affirmative Of that proposition
bound TO furnish the evidence of that positive law enacted
by the States yield the point They content themselves
with relying the loose declarations OF judges In the
gIavehodinF States the oLicr dcim Of judges lin
cases in which the question discussing not
presented by the record for their consideration and udg
ncnL the evidence Of positive law enacted by the SUI
prene power in the States declaring that slaves shall be
property within the territorial limits Of the respective
| States
The question very naturally presents ITSELF II those who
hn slavery exists in the States 10y force Of positive
law aud that when the OF slave property takes
beyond the territorial limits Of his State his title TO that
property and determines why IL that they desire
10 invoke the power Of the federal government TO exclude
slave property from the Territories Such act would
be entirely unnecessary II the title Of the and
determines when he passes with his slave property beyond
the limits Of the States where IL Is asserted his title exists
by Of positive law The fact that you desire to in
woke the power OF this to enact law to ex
clude slave property from the territory furnishes
strong evidence that have entire confidence in The
position assumed and asserted that slavery exists in the
States by force Of positive law, and that the owner loses
his title to his slave property by taking II beyond The
limits OF such States
beg leave to call the attention OF the House to the his
tory Of the title of my constituents to their slave property
What shall in regard TO that title in Georgia will be
equally applicable the other savehodng States far
the foundation Of that title concerned The colony o
Georgia originally settled free colony; that is "a
say African slavery prohibited from being introduced
there by the charter granted to the trustees remained
| the