The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-07


TONS but they will think that mau Of the eminent repn-
tation OF the distinguished from New York as
lawyer and as statesman could not possibly before the
Senate OF the United States assert principle Of the law OF
nations SO broadly and unquaihedy unless II were cor
rect Sir 1t has done its mischief and it will do more No
such faint voice mine follow 10 every village 10
every hamlet TO every cottage to which IL has spread STILL
Is not improper as these propositions in turn are made
that In turn they should be eued Mine be the easy task
on this one-too easy to merit the least credit
refer TO but single volume This is not the place for
elaborate discussion legal questions therefore refer
To single work by American author the most recent
on the law Of nations in this country and he tells us that
the honorable senator from New York. when he says that
slavery an outlaw under the law Of nations has taken
up and adopted principle that Great Britain attempted
TO establish as the basis Of her right Of search for quar-
ter OF century-a principle which constantly repu-
dated and rejected by those who managed the negota
down by John Quincy Adams who imagine will scarce
ly be repudated as authority upon any question touch
ing The abolition of slavery by gentlemen identified either
with the republican abolitionis party lie tells
this not only the faith of the negotiations between
the two governments, bnt he proves that gov
| ernment was right not merely by citations OF dis
tinguised authors national law, but by the adjudica
ons Of the courts Of justice Of the highest class abroad and
al home That has been declared to be the law by the
high court of Admiralty OF Great Britain; that has been
declared to be the law by the court of Kings Bench of
Great Britain; and, finally in our Supreme Court
that sits below us 1t was held the venerable Chief Justice
Marshal delivering the opinion Of the court that slavery
was not an outlaw under the law Of nations that slavery
protected by the law of nations nay sir that the
horrible slave trade which we have prescribed which we
have denounced as piracy in statutes is protected by
the law Of nations refer the SENATOR if he desires to
where the authorities collected the subject to
Wheaons Treatise on the Law of Nations pages 632 and
following will however request our Secretary to read
passage from the decision of Chief Justice Marshall
which is copied on the 635th page.
The Secretary read the extract, as follows
the earliest times war had existed and war
conferred rights in which all had acquesced. Among the
enlightened nations of antiquity Of these rights
that tho victor might ensave the yanqushed That which
the usage OF gil nations could not be pronounced
nant to the law of nations which certainly be tried by
he uaaup had tha
sent Of all must be the law Of all.
Slavery then had is origin in force but as the world
had agreed that was the legitimate result the state
OF things which was thus produced by general consent could
Throughout Christendom this harsh rule had been
piodsd and war was no Longer considered as giving right
Ths The @ p nad mot 40 been n
gate their principles by and Africa had not adopt
ed them throughout the whole extent Of that immense
nations that prisoners slaves The question: then,
tcpae in its effects by purchasing the human beings who
Whatever might be the answer of moralist to this
question: u search for its legal solution in those
principles which sanctioned by the usage the national
be n whose e sw
peal is made Ii resort to this standard the test of in
@ G on % DC %
America embarked in it, and for nearly two centuries it
could not that practice thus supported Illegal and
that those engaged in might be punished either personally
or by deprivation of property"
Mr.. BENJAMIN. Now, Mr.. President oppose the au-
hority Chief Justice Marshall on question of inter-
national law to the dcpm of the honorable senator from
New York
II is matter which exces the deepest interest in our
minds to inquire what the motives of this constant
cruel unreenng warfare which 10 waged by of the
people Of the North against the rights Of the South What
interest have they in the question whether not slave
shall be moved from Louisiana South Carolina TO Kan
Regard for the slave Is not the motive; that is clear
That once used as preteS but having lost its force
il is abandoned from very shame No man proposes
TO increase the number of slaves No pretend for
instant that it is hurul the slave that his master
should have the choice of ofeaving location where his
fortunes adverse aud seeking another where they may
be favorable because that may depend the physical com
fort and ample supply of necesares for the slave The
motive is not the Interest OF tho slave at all.
Why sir what better proof do want than this fact
This very iaetonths very Kansas faction of which
tain gentlemen this floor the exclusive supper tiers
and friends, and about which they making all the
noise that ia made in the counyhas DONE and is now
doing ayowedly everything within lis power to prevent
the freedom of slaves What has 1t in its power2 The
only thing that il can possibly do towards securing the
freedom of the slave 10 offer refuge for tho emanupaed
slave Everybody knows that Of the chief obstacles to
be in the South towards the emancipation OF the
slave to find refuge for him Here is virgin SOIL and
there oil thousands Of of ground for every I'M
dividua who can be found within its limits 1t wants
nothing much population The South has slaves,
aud southern Shareholders have slaves that they are
ready 10 emanCpae but the southern laws think IL dan
gerous that the two CLOSES Of coored population should he
Kept together Yet this very Kansas faction which could
Offer refuge TO tbose liberated and emsncpa,ed slaves uses
the very fret instant when IL evince its intentions by
the passage oi enactment pass
vision prohibiting liberated slaves from entering within its
borders Conduct like this Ia ample for the purpose Of
evncng the motives which acuate the minds OF who
guilty oft say, more the question OF the
interest which the North has this subject that IL not
regard to the slave That proven can deny It.
Now that that preeIt has boen abandoned what are the
others?
Sir If this were not a very grave subject il would be
amusing listen 10 the frivolous prete1ts which have been
put forth by this floor to justify their conduct
towards the South Tho honorable senator from New
Hampshire Mr. HALE has tender conscience and is very
much exercised Tor fear that the people who viii live one
hundred years hence in Kansas may look back and find
that he did not help TO keep slavery out and will his
memory There Is motive. The honorable senator
who sits alongside Of him. the senator from Iowa, Mr..
HAaLAS by possibility consent 10 degrade him
self by working in State where slaves work That may,
he SAYS be thought by 10 be sickly seutmentny,
but sll II Is deepseated feeling in bis bosom lie would
consider himself degraded II be put his hand to any work
in any region Of country where slave was working
There another petext for wagng this war on The south
whilst the honorable senator from Massachusetts Mr. VIII
sogl contents himself with general shrek for "reedom
Gods heritage" forgetting overlooking the informa-
tiop which he ought 10 have given The Senate bow his
be gratifed its qualification mpeded by tho removal OF
a slave from one State 10 another.
The hiusy nature Of these preexs suces TO show that
there s another motive behind and that motive has been
avowed in the other House much candidly than IN
this The motive Is struggle for power-for political
powerfor the chance Of subverng that equality OF the
States to which have advered not for power in the
other branch because whether slave s In Louisiana In
Kansas he Is equally entitled TO he counted in the basis Of
federal representation and the number Of federal repre-
would be the The struggle Is for power
here on this floor II triumpbsny avowed the other
day by the senator from Massachusetts lie told us, with
smile of conscious superiority which Is becoming him.
I - - -..t H. - Il