The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1857-02-24


: who think 80, have higher opinion of the
, meekness Of men than our reading of history
would seem TO justify. Does any one doubt
that when such an evont comes, war, bloody
and terrible, will come with III To live to-
gcther would be impossible. Liberty and
slavery can never be tenants in common
Of the same territory. "Tho lion may lie
down with the lamb-and tho bear may eat
straw like the OK" but liberty aud slavery
shall never dwell together in unison.
And look again. This theory opens the
way for slavery at the very timo when those
embryo States arc forming character for all
time to come. Slavery understands this full
well. Give tho slave holders the power to
settle the Territories, and freemen may have
all the States they can get!
(3.) The third theory is that neither Con.
gress nor the people Of the territories have
tho right TO exclude slavery. This is the
Calhoun doctrine; and it is the doctrine To-
ward which all the slavery propagandists Of
the South and Of tho North are rapidly tend
ing. Nothing short Of this will meet their
demands. "Slsves are property under the
Constitution, and by natural law all; the ter
ritories must be open to this kind Of proper
ty. The slave trade must DC revived, and
the slave holder must be allowed to carry his
slaves anywhere in the Union" This, in
brief, Ia their confession Of faith.
Time forbids that should 60 into full
examination Of all its parts, and expose in
full all its heTeses. dispose Of it briefly
thus:
Q) Slaves are not property under the
Constitution. They are no where alluded to
except as persons. In the constitutional con-
vention that point was made; and it was de-
cided that the Constitution should no where,
directly or indirectly, acknowledge that man
could bold property in bis fellow man.
(2) Neither arc slaves property by the law
! Of nature. We have already seen that sla-
| very is the abrogation Of all rights; and it
must therefore be utterly at war with natural
law. And thus the courts have always dcci-
ded.
The Supreme Court Of tho United States
speaks thus:
"That slavery is contrary TO the law Of ma
turc, will scarcely be denied. That every
man has natural right to the fruits Of his
own labor, is generally admitted; and that
no other person can rightfully deprive him of
these fruits, and appropriate them against
his will, seems TO be the necessary result Of
this admission. Vacation, p. l2O.
The highest judicial tribunals of the South |
have also held the same doctrines:
"Slavery is q local law, and therefore if a |
man wishes to preserve his slaves, let him at
tach them to him by affection, or make fast
the bars Of their prison, or rivet well their
chains; for the instant they 60 beyond the
limits whcre slavery Is recognised by the To-
cal lars, they have broken their chains, they
have escaped from their prison, THEY ARE
FREE."-2 Barnwei and Cressy, 44S.
SLAVERY DOES NOT EXIST BIT THE LAWS
OF NATURE; but it exists and can only exist,
through municipal regulations. > Walkers
Mississippi Reports, p. 80.
"In the Constitution Of the United States
slaves are expressly designated as PERSONS;
and the right of the master exists, not BY
force Of the law Of nature, but by virtue only
Of the positive law Of the Statc."-Id p. SO.
slavery is sanctioned by the laws Of this
State, but We consider it as a right existing
by positive law Of municipal character,
WITHOUT FOUNDATION IN TIE LAW OF NATURE"
-3 Marshall, (Reatacky) p. 470
To the same effect are the decisions of scv-
eral other States now lying before me; but |
will not detain the Senate to rchearse them.
The adoption Of this theory is last resort,
to which slavery has been driven; but it has
only escaped "from the heat into the dovour-
ing fire." and its city of refuge must be its
city of destruction.
Hero, Mr.. President, rest the case as to
the right Of Congress to establish governments
for the Territories, and to prohibit slavery
therein. A further question remains, upon
which our Honorable Senators have joined is
sue with the Legislature, and to that ad
dress myself
III. Ought Congress to exercise this right?
Upon this we take the affirmative for reasons
which will bo very briefly submitted.
!. Thus only can slavery be excluded -
There is no law or climate Of physical gcog-
raphy to shut it out. Slavery has planted
itself in every cline and upon every soil. 1t
already extends over vast regions Of country
lying in the same latitude with Kansas and
other Territories. Delaware, Maryland, Vir-
ginia, Kentucky and Missouri, all lto north
of SO deg 80 min. Missouri extends further
north than Kansas. Slavery never died in
the northern States of any disease peculiar to
the climate In Massachusetts, it died by the I
judgment of the courts. After the adoption
Ol tUe DJaJe Dill VI
a slave sued for his liberty, claiming it under
that Bill of Rights, and tho claim was sus- |
tanned. Thus did slavery die in that State.
All that slavery has ever asked, is simply !
there be no positive prohibition TO shut it out.
And if there is none, then it must remain for
the courts to apply the common law, and with
the courts on the side Of the slave holder, the
work is done. With the absence OF positive
prohibition, and tho presence of slave.
holding judge, and the whole system is lcgali-
zcd aud established. Tho position Of this
thing is not we'll understood. The slavc-hol-
der asks that the whole matter should bo let
alone; and he assures you that he does not |,
desire positive enactment establishing sla- !,
very, but merely that there shall be none
to exclude it; and this appears to many q !,
plausible suggestion; bu, it is ono that will