The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-12-29


nor Territorial Legislature, nor any human
power, has any authority 10 annul or impair
this vested right. The supreme judicial tribn-
nal Of the country, which is coordinate branch
of the Government, has sanctioned and affirmed
these principles of constitutional law, so mani
testify Just in themselves, and so well calculated
to promote peace and harmony among the
States. 1t is striking proof of the sense OF
Justice which is inherent in our people, that the
property in slaves has never been disturbed, to
my knowledge, in any of the Territories Even
throughout the late troubles IN Kansas, there
has not been any attempt, as l am credibiy IN
formed, to interfere, in a single instance, with
the right of the master. Had any such attempt
been made, the judiciary would doubtless have
afforded an adequate remedy. Should they fail
to do this hereafter, it viii then be time enough
to strengthen their hands by further legislation.
Had it been decided that either Congress or the
Territorial Legislature possess the power to an
Rul or impair the right to property IN slaves,
the evil would be intolerable. In the latter
event, there would be struggle for majority
of the members of the Legislature at each sue
cessive election, and the sacred rights ofproper-
ty held under the Federal Constitution would
depend for the time being on the result. The
agitation would thus be rendered incessant
whilst the Territorial condition remained, and
its baneful influence would keep alive danger
Gus excitement among the people OF the several
States
Thus has the status of a Territory, during the
intermediate period from its first settlement I'M
til it shall become a State, been irrevocably
fixed by the final decision of the Supreme
Court Fortunate has this been for the pros
perity of the Territories, well as the tran
auillity of the States. Now, emigrants from
the North and the South, the East and the
West, will meet in the Territories on q common
platform, having brought with them that species
of property best adapted in their own opinion,
TO promote their welfare. From natural causes
the Slavery question will in each case soon vir-
tually settle itself; and before the Territory Is
prepared for admission as a State into the
Union, this decision, one way or the other, will
have been foregone conclusion. Meanwhile,
the settlement of the new Territory will proceed
without serious interruption, and its progress
and prosperity will not be endangered or re-
tarded by violent political struggles.
When in the progress of events the inhabit-
ants of any Territory shall have reached the
number required to form State, they will then
proceed, in a regular manner, and in the exer-
else of the rights of popular sovereignty, to
form q Constitution, preparatory TO admission
into the Union. After this has been done, to
employ the language of the Kansas and Ne
braska act, they " shall be received into the
Union with or without Slavery, as their Consti-
tuition may prescribe at the time of their ad-
mission" This sound principle has happily
been recognised, in some form or other, 10y an
almost unanimous vote Of both houses OF the
last Congress.
All lawful means at my command have been
employed, and shall continue to be employed,
to execute the laws against the African slave
trade. After most careful and rigorous ex-
animation Of our coasts, and a thorough invest
igation Of the subject, we have not been able
to discover that any slaves have been imported
into the United States, except the cargo by the
Wanderer, numbering between three and four
hundred. Those engaged in this unlawful en-
terprise have been vigorously prosecuted, but
not with as much success as their crimes have
deserved. a number Of them are still under
prosecution.
Our history proves that the Fathers of the
Republic, in advance of all other nations, con-
demned the African slave trade. 1t was, not
wilhstanding, deemed expedient by the trainers
Of the Constitution to deprive Congress Of the
power to prohibit " the migration or importa-
ton of such persons as any of the States now
| existing shall think proper to admit prior
to the year one thousand eight hundred and
eight"
1t will be seen that this restriction on the
power of Congress was confined TO such States
only might think proper to admit the i'm
portation of slaves. 1t did not extend to other
States or to the trade carried on abroad. Ac-
cordingy, we find that, so early as the 22d of
March, 1894, Congress passed an act imposing
severe penalties and punishments upon citizens
and residents Of the United States who should
engage in this trade between foreign nations.
| The provisions of this act were extended and
| II H. H., of
Again The States themselves had clear
right to waive the constitutional privilege in
tended for their benefit, and to prohibit, by
their own laws this trade at any time they
thought proper previous to 1908. Several of
them exercised this right before that period,
and among them some containing the greatest
number of slaves. This gave to Congress the
immediate power to act in regard to all such
States, because they themselves had removed
the constitutional barrier. Congress according
| ly, passed act on the 18th February, 1903,
Il" to prevent the importation of certain persons
into certain States where, by the laws thereof,
their admission is prohibited In this manner
the importation of African slaves into the Uni
ted States was, to a great extent, prohibited
some years in advance of 1903.
AS the year 1908 approached, Congress de
termined not to suffer this trade to exist even
for a single day after they had the power tc
abolish it. On the I'd of March, 1907, they
passed an act to take effect " from and after the
lst day of January, $685." prohibiting the i'm
portation of African slaves into the United
States. This was followed by subsequent acts
of similar character, to which l need not
specially refer. Such were the principles and
such the practice of our ancestors more than
fifty years ago in regard to the African slave
trade.
1t did not occur to the revered patriots who
had been delegates to the Convention, and af
forwards became members of Congress, that, il
passing these laws, they had violated the Con
stitutoR which they had framed with so mucl
care and delberation. They supposed that, t.
prohibit Congress, in express terms, from exer
: cising specified power before an appointed
I day, necessarily involved the right to exercise
I this power after that day had arrived
{ If this were not the case, the trainers of tn,
? Gnns.Cution had expended much labor in vain
: Had they imagined that Congress would pos
t sess no power to prohibit the trade either be
{ fore or after 1908, they would not have takel
so much care to protect the States against tn
g exercise of this power before that period Nav
+ mOre-they would not have attached such vas
4 Importance to this provision as to have excu
n ded it from the possibility of future repeal O
amendment, to which other portions of tn
# Constitution were exposed. 1t would ther
/. have been wholly unnecessary to engraft on tn
/ fifth article of the Constitution, prescribing tn
Y mode of Its own future amendment, the provisc
Il /" that no amendment which may be made prio
r TO the year one thousand eight hundred an
1t eight shall in any manner affect the provi,
G ion the Constitution securing to the States tn
'. right to admit the importation of African slave
l. previous to that period.
e According to the adverse construction, tn
n clause itself, on which so much care and di
l. L l. y IL