New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-21
xxxyth CONGRESS-. First Session.
SENATE. .wAsHIsoros, Jan. 90, 1883.

SENATE. .WAsHISGros, Jan. ~, 1888.
Mr. IyERSON introduced q bill TO increase the es-
fciency of the and marine corps by retiring uis
abed officers. Referred to the Committee on Military
Affairs i.
Mr.. IyERSON gave notice of his intention to in
troduce bill change and regulate the mode OF APP
pointing cadets to the Military Academy, and to mod
ify the laws relative TO that establishment.
Mr.lHALE resumed his remarks from Monday, ana
commented on two Of the positions held by the su'
preme Court in the celebrated Dred Scott case.
Efrsf: The Court affirm that the right of property
in slaves is of the nature the right 20 all other
property. &c
property and to traffic in slaves at the time of the
American Revelation and adoption cf the Federal
Constitution was so universally recognized and ac-
knowledged by both England aud this country that no
man ever thought Of disputing It,
He took issue on both these points The legal prin.
ciple was unsound and unsupported; what purported
to be the statement of fact was equally unsupported
by both truth and history. The first proposition was
more distinctly and fully expressed in the lecompton
Constitution where il declared that "the right oil
property is before and is higher than any constt-
tional sanction and that the right OF the owner 10
slave and its increase IL the same, ana IL az ihVio
liable as the right OF the owner to any other prop
erty whatever. He had higher respect for the
Lecoinpton Convention than for the Supreme Court,
because the Convention Lad been more explicit than
the Court in stating just exactly what they meant
He did not deny that States toeratng Slavery that
there was legal property in slaves. In some OF the
Free States there was a qualified property in human
beings. In New Hampshire, criminals were sent to
the Pcnitentiary for the public good, and anybody
might contract with the warden having the custody
of these prisoners, for the Of their labor The
laws recognize hisrghtto the labor Of and
he can take them where he peases within the juris
dction Of the Satebut if he should cross Conecti-
cut River and undertake to make them quarry marble
IN the Green Mountains of Vermont, his right to
their labor would Immediately cease. Precisely
similar was the right of the STAKEHOLDER to
the labor of his slaves. 1t is legal right where
Slavery exists by law, and nowhere else. The mo-
ment the slave goes beyond the jurisdiction which i'm
poses the seryitude-that moment he is free There
WAS All essential difference between the wight to the
labor of human beings and the right 10 property in in.
animate things and in the brute creation. man may
20 all over the world with horse, and everywhere,
beth among civilized aud savage nations his right to
the ownership will be respected. This right does not
depend upon the existence of statute law, but upon
the fact that by the universal consent Of
uarkind horse is the subject of property.
When the horse was created, he was made to DO q
subject of property and man was made TO own him.
The right to do 40 dates back the earliest period Of
recorded time When God created the earth and
gave it to man TO cultivate, and filed the land with
cattle and the with fish, and the air with fowls,
God also gave man dominion the cattle, and the
fish, and the fowls, but he never gave him dominion
over his felow-man. He reserved his last and great
est work Tor his peculiar worship. This dis
tinetion had been recognized by every writer VINO
ever wrote upon the subject and by no States moro
clearly and decisvely than by Virginia, Maryland,
Louisiana and other slavehoding States. II had been
also recognized by the unanimous concurrence of
every member Of the Supreme Court Of the United
States. In support Of his argument Mr. Hale read
extracts from various authorities.
During his remarks Mr.. Hale declared that if the
attempt be persisted in to force the Lecomptou Con-
sttution the people of Kansas he hoped that they
would fight and resist even unto blood and death.
Mr. HARLAN obtained the floor. The further
consideration of the kansas question was postponed
until Monday next. The Senate then adjourned.