The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-01-29

4
and "change law of domestic relation within
the States" Are the several States, "by force
of the Constitution" "coequal in domestic
| legislative power?" And does that coequal
| Legislative power extend to the Territories?
We have already seen that the six Northwest
ern States are not coequal with the original
States in domestic Legislative power; that they
were only permitted to form Constitutions, and
to come into the Union upon the condition that
Slavery, the domestic relation of some of the
other States, should be foreUer excluded from
| their territories that to day those six States
are In the Union upon that condition, and can
not establish the domestic institution of Slavery
therein. Does this alleged coequal domestic
legislative power of the several States" extend
to the Territories? The President manifesty
so concludes; else, how could the Territorial
prohibition of Slavery, if enforced, affect " the
action of the States or change a law of do
nestle relation therein? If the several States
have this coequal power over the domestic in
stitutions of the Territories, no necessity exists
lor local legislation there, to protect the domes
tic relation of chattel slavery. The law Of
Georgia, in that case, would follow the slave
property of Its citizen thither. and make it
property there, and, for aught l can see, the
penal laws of Georgia would also operate there
for the protection of that property.
But it is useless to dwell upon a proposition
so absurd; 1t has no sanction in the Constitu-
ton or in reason. The extra-territorial legisla.
tive power of every State is limited to its own
citizens and subjects. That is the decision
of the Supreme Court, in the great case of
Worcester as. the State of Georgia-(6 Peters,
1929 A permanent change of domicil deter
mines citizenship.
| conclude, therefore, that the Territories
are not under the dominion and sovereignty of
the States, sererally; that the exclusive domin-
ion and sovereignty over them is in the United
States, and can be exercised only by Con-
gressiona enactment; and that new States
within the Territories can only be formed by
and with the consent of the National Govern
ment. The people of the Territories may form
State Constitution, but unless it be approved
by Congress, no State is organized; the Con-
stitution so formed is nulity, and the inhab.
itants remain subject to Congressional legsla-
ton. They can never become State but pur-
suant to such conditions as the national will
may impose, and that will is limited bv nothing
but the Constitution. The Constitution is based
upon the EQUALITY of the human race. In the
words OF Washington, 1t is completely free in
Its principles" A State formed under the Con.
stitution, and pursuant to its spirit, must rest
upon this great principle of EQUALITY. It's pri-
maj OBJECT must be to protect each human being
within It's jurisdiction in the free and full enioy.
ment of his natural rights. Mere political or
conventional rights are subject to the control of
the majorty; but the rights of human nature
belong to each me ber of the State, and cannot
be forfeited but by crime.
1t necessarily follows, that neither slave
statutes nor slave constitutions can be made
operative within the Territories, without the
sanction and approval, express or implied, of
Congress. The President himself comedies
this; The past legislation and the cotemporane-
Gus construction and history of the Constitution
prove it. Disguise it as you may, the question
which shakes the Union today is, not whether
Congress may govern the Territories, but HOW
Congress may govern them The question is,
whether Congress shall govern the Territories
IN the spirit of the Constitution, and impose
such statute restrictions upon the institution
OF new States therein as it will require the peo-
pie thereof to conform their local institutions to
the Constitution, end base them upon the broad
American, republican principle of absolute
equality; or whether, by the sanction of Con-
gressional enactment, by force Of COMPRESSION
al lay the people of the Territories shall be
perfectly free" to organize their local Govern
ments upon the narrow, proscriptive, unequal
principle Of ABSOLUTE DEsPoTIsM The ques
ton Is, whether, by your law people within the
Territories shall be enabled to establish .HGcery
therein irrespective of race, sex, age, color, or
condition The question is, whether, in the
organization and admission of new States, the
arm of industry-that arm in which slumbers
the nations strength and the nations security
shall be fettered.
You may call the State which enslaves and
sells its own Children and manaces the hand
which feeds and clothes and shelters it, repub-
lican; but truth, and history, and Gods eternal
justice, will call it despotism, equally criminal!
and equally odious, whether sanctioned by one
or many, by single tyrant or by the million.
/ deny the constitutional right of any class of
men, from any State Of the Union. or from any
quarter of the globe, to establish such q Gov
eminent within the National Territories, under
and by force of the National Constitution, be.
cause such Government is subversive of the
great objects for which that Constitution was
ordained, and violative of its spirit Who will
say that it is within the spirit of the Constitu.
ton to establish and perpetuate within our Ter
ritories the hated rule of tyrants, that might
gives right that the few may govern the many
that the strong may justly rob and Cypress the
weak? And who, as the representative of the
people, and under his oath to the Constitution,
will sanction such a tyranny by a solemn act
of admission into the Union2
1t must be apparent that the absolute equal.
ity of all, and the equal protection of each, are
principles of our Constitution, which ought to
be observed and enforced in the organization
and admission of new States. The Constitu-
ton provides, as we have seen, that no person
shall be deprived of life, liberty, or property,
without due process of law. 1t makes no dis
tlnctlon either on account of complexion or
birth-it secures these rights to all persons
within its exclusive jurisdiction. This is equal
ity. 1t protects not only life and liberty, but
also property, the product of labor. 1t con-
templates that no man shall be wrongfally de.
prived of the fruit of his toll, any more than Of
his life. The Constitution also provides chat |
no title of nobility shall be granted by the Uni
ted States, nor by any State Of the Union.
Why this restriction? Was it not because all
are equal under the Constitution and that no |
distinctions should be tolerated, except those |
which merit originates, and no nobility except |
that which springs from the practice of virtue, |
or the honest ell.directed effort of BRAIN or |
heart, or hand? There is profound signii- |
canoe in this restriction of the Constitution. |
1t is an announcement of the equality and |
brotherhood of the human race.
do but utter the spirit of the Constitution |
when l say that nobility cannot be conferred |
by the empty titles of monarch, however |
august or however debased, bestowed upon his |
servile parasites, who show at every nod, and |
shipper at every word" That is not nobility, |
though throned in power and "clothed in pur- |
ple," which robs and ensaves the millions, |
who lift up their haggard faces, and stretch |
forth their shriveled hands, asking for leave to |
eat of the crumbs which fell from their mas |
ter's table. But, sir, there is nobility in that
patient, humble toll, which makes o blade of
grass to grow where none grew before, thereby
giving drop Of nourishing milk to one of
Gods creatures There is nobility in that