The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1856-10-30
SLAVERY AS AN INSTITUTION AND IS PROP
ERTY

ERTY.
The following conclusive argument from
Mr. BAKER, Of Russell County, Ga, upon
the question of the power of Congress to
legislate upon the subject Of slavery, will
be read with interest:
"Thcre may be, under the Constitution
of tho United States, legal property in a
slave, as well as in a horse or hog. But
this legal property in a slave is clearly dis
tinguished from the institution known rs
slavery. For instance, it would be as ab-
surd to call a lcgot property in slave an
institution, us to call Il legal property in
horse or hog an institution.
"ln common parlance, when we speak of
slavery or the subject of slavery we
mean and are understood to mean the insti-
tuition Of siarery.
"-ss there may be legal property in
slave under the Constitution of the United
States, as well rs in u horse or hog, it is as
clearly the right and duty Of Federal Gov
crnment, in the Territories and other places
subject to its jurisdiction, to protect the prop
erty in n slave us the property in horse or
hog. Bat this light and duty to protect the
property i'll slave, is entirely different from
its right TO 'legsIate upon the subject of
Shave'y TO create or abolish tie inStitu-
ton caltcd Slorcry.
"Lcgislation by Congress for the mer,
protection Of the legal property in slave,
isnot legislation upon lie subject OF slorery.'
Slavery is the condition of that class of per-
sons called slaves. If Congress has the Con-
stltutiomal power, either IN IL territory or else
where, to create that condition or to aboliM
it, then Congress has Il power which has not
been delegated to it, and the Constitution
! ceases to be the palladium of liberty or prop
/ crty. Congress has no such power 1t is
not authorized by the Constitution to con-
vert slave into Il freeman. But if Congress
in truth has the power to lcgisatc 'upon
The suyeet Of slaveyy,' it follows that it has
: the power to convert slaves into frecmen.
, Converting slaves into frccmcn, or frccmcn
into slaves, ly an act of Congress, is lcgisla-
ting '"i'on Tire suyec! of sia"eyy.' But an
act OF Congress which does not change tie
! condition of Il slave into that of freeman,
or Of Il freeman into that OF slave, but
merely affords protection to the legal prop
crty of the owner in his slave, is not slcgis-
lation upon the suIysct Of slapcry.' 1t is
simply regulation for the protection Of
legal property, and no more creates or
adolisheS the condition Of slavery than the
same kind Of protective regulation, in rela-
tion to horses or hogs, would create or aJoi-
ISL the condition of the horses or hogs
40 make this clear beyond doubt the
following illustration is put: Suppose Con-
grcss had inserted in every Territorial bill
| the following section, to wit And be it !,
further cnacted, That property of every
; kind hcd and owned by any citizen of the |
United States, i'll the Stale in which hc may
reside, shall, when removed by such citizen
into the territory, have and enjoy full and
complete ~ nguai prohction' Now, it is |
certain, Il this section would not be leg
islation .on lie subject Of x1urery,' and yet,
it would as ctfectuaIly z'r"'cc! tie property
a." staOc as the property in a horse or hog.
The Government owes this rqual protection
to the property Of every citizen, but has no
power 10 legislate upon 'Me subject of
sta0e'y,' or change the condition of that
class Of persons called slaves"
! TIE CuJ"n ,SLtrc <udc.--A letter from
/ Havana states that the slave trade between
Cuba and Africa is very active, and adds:
"Iwo landings on the South side count
9G3 negroes; on the North, East Of CarJc-
mas, 314 375; 1887 in all, having lost
by death on the voyages SO in the three
vessels, showing unusual care for the COM
fort Of their victims. The importation of
slaves is perfectly systematized, and with the
best will for its prevention, in conformity
with the words Of Introduction uttered and
reiterated by the Captain General, can he
carried OH with impunity, especially as long
rs your merchant princes, ship builders, &c,
are interested in its pursuit.
The orders of the Cuban trader are ca
gerry sous Int for in your ship yards, and ten
per cent. OF orert profit will make some of
your ycrcst saints sinners in Africa Atany
rate, Yankee ingenuity and Yankee enter
prise serve to defeat Tie best efforts of this
Government for the suppression Of the slave
trade, and they may well give up in despair.
The complaints Lelong NJ home more than
here at the present time, for without n file
OF soldiers for every foot Of 1900 miles of
sea coast. and each one imbued with the
power and the spirit Of Conclla, it could not
be prevented, with the temptation that is
held out for success"
Later from Costa Ricu.-The Panama
Star has advices from Punta Arenas Costa
Rica, to tire 10Th ult. We quote:
business throughout the country is at n
perfect stand still, and the State generally
IS III very depIorable condition. Little
has been done during the past season to-
wards cu!tivatng the soil, and the coming
harvest, from December to March, will
barely yield title Of former years pro-
duce. Great dissatisfaction still exist against
President Mora, on account of the results
OF the late Nicaragua invasion, the terrible
loss OF lille consequent thereon having more
or O.. less affected every family in the RepuL-
hc' This, as might be expected, has created
strong prejudice against the Mora admin.
'Stration, which can only be done away
with by his removal from power, and at
present there is every prospect of a speedy
revolution.
The people, however, remain firm against
the common enemy in Nicaragua, and there