The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1860-07-11


70 unjust, 50 mean, 90 barbarous, can ind no
place in any system Of government, unless oy
virtue Of positire sanction. Ii can spring from
no doubtful phrases. 1t must be declared oy
unanbiguous words, incapable of double sense.
At the adoption Of the Constitution, this rule,
in the Court of Kings Bench, py
the voice of the most finished magistrate in Ing
lish history was as well known in our country as
any principle Of the common law especially was
it known to the eminent lawyers in the Conven-
ton nor is it too much to say that the consul
tuition was framed with this rule on Slavery az a
guide. And the Supreme Court OF the United
States at later day. in the case of United States
vs.. Fisher, Cranch, $50, by the voice OF Cniei
Justice Marshall, promulgated this same rule, In
words stronger even than those OF Lord Mans
field, SAYING: "Where rights are infringed,
where fundamental principles are overthrow,
where the general system of the laws are depart
ed from, the legislative intention must be ex.
pressed with Irresistible etearness, to induce a
court of Justice to suppose design to effect such
object" 1t is well known, however, that these
two declarations are little more than new forms
for the ancient rule of the common law, as ex'
pressed By Fortescue: Impius Ct crudefis JMd'-
candus est qui Libertati non taret; He Is to be
adjudged impiOus and cruel who does not favor
Liberty; and as expressed by Blackstone, 1.-The
law is always ready to catch at anything IN favor
of Liberty"
But, as no prescription runs against the King,
so no prescription is allowed TO run against Slave
~, while all the early victories OF Freedom are
set aside by the Slave-masters of TO day. The
prohibition Of Slavery in the Missouri Territory,
and all the precedents, legislative and judicial,
for the exercise of this power, admitted from the
beginning unit, now, have been overturned; but
at last. holder grown Slave-masters do not hes-
tate to assail that principle OF jurisprudence
which makes Slavery the creature Of "positive
law alone, to be upheld only by words of ir-
resistible clearness" The case of Somerset, in
which this great rule was declared, has been i'm
peached on this floor, as the Declaration of In
dependence has been impeached also. And here
the Senator from Louisiana Mr.. BENJAMINl has
taken the lead. He has dwelt on the asser-
ton that, in the history of English law, there
were earlier cases, where a contrary principle
was declared. But permit me to say that no
such cases, even if they exist in authentic re-
ports, can impair the influence of this well-con-
sdered authority. The Senator knows well that
| an old and barbarOus case is a poor answer to a
principle, which is brought into activity by the
demands of an advancing Civilization, and which
once recognized can never be denied; that Ju'
| rsprudence is not dark lantern, shining in a
L
some light, which, slowly emerging from original
darkness, grows and spreads with human i'm
provement, until at last it becomes as broad and
general as the Light of Day. When the Sena-
tor, in this age-leaguing all his fOrces-under'
takes to drag down that immortal principle,
which made Slavery impossible in England, as,
thank God! it makes Slavery impossible under
| the Constitution, he vainly tugs to drag down q
luminary from the sky.
| The enormity Of the pretensiOn that Slavery
is sanctioned by the Constitution becomes Still
more apparent, when We read the Constitution In
the light of great national acts and contemporary
Gus declarations. First comes the Declaration o.
Independence, the illuminated initial letter Of
our history, which in familiar words announce:
that call men are created equal that they are
endowed by their Creator with certain unaliena
BILE rights; that among these are Life, Liberty
and the Pursuit OF Happiness; that to secure
these rights governments are instituted among
men, deriving their just powers from the consent
of the governed" Nor does this Declaration
binding the consciences of all who enjoy thu
privileges it secured, stand alone. There is an
other national act, less known, but in itself {
key to the first, when, at the successful close o
the Revolution, the Continental Congress. in ,
solemn address to the people, loftily announced
"Let it be remembered, that it has ever beer
the pride and the boast of America, that tn
rights for Which she has contended ,cers til,
rights of human nature. BY the blessing of tn,
Author of these rights, they have prevailed Owe
all opposition, and form THE BASIS of thirteen
independent States" Now, whatever may b,
the privileges of States in their individual capa
cities, within their several local jurisdictions, NJ
power can be attributed to the nation, in the alb
sence of positive unequivocal grant, inconsisten
with these two national declarations. Here i
the national heart, the national soul. the nationa
will, the national voice, which must inspire on
Interpretation of the Constitution and enter int'
and diuse itself through all national Legislation
Such are the commanding authorities which con
stitute "Life, Liberty, and the Pursuit of Happi
ness" and in more general words, the rights o
Human Nature" without distinction of race, o
recognition of the curse of Ham, as the basis O
our national institution. They need no addition
, al support.
. But, in strict harmony with these are the man,
utterances in the convention which framed tn
Constitution: of Gouverneur Morris, of Pennsyl
vania, who announced that Sic ,could nerer COZ,
cur in upholding domestic slavery; it was a ne
farious institution" Of Elbridge Gerry, of Mas
sachusetts, who said " that we had nothing to
with the conduct of the States as to slavery
|, Jut re ought to be careful not to glue any sane
ton to IL; of Roger Sherman and Oliver Ellis
worth, of Connecticut, and Mr.. Gorham of Mas
sachusetts, who all concurred with Mr.. Gerry
and especially of Mr.. Madison, of Virginia, who
in mild judicial phrase, THOUGHT IT WRONG II
ADMIT IN THE CONSTITUTION THE IDEA TIA
THERE COULD BK PROPERTY IN NAN" And
lastly, as il to complete the elaborate work Q
Freedom, and to give expression to all these u,
/. tefances, the word "servitude," which had bee
allowed in the clause on the apportionment Q
. Representatives, was struck out, and the wor
service substituted instead. This final exclu
sion from the Constitution of the idea of propert
2 in man, was on the motion of Mr.. Randolph, q
Virginia and the reason assigned for the substi
f tuition, according to Mr.. Madison, in his authen
, tic report Of the debate, was, that "the forme
was thought to express the condition of slaves
D and the latter the obligations of free persons.
Thus, at every point, by great national declara
tions, 10y frank utterances in the Convention, an
by positive act in adjusting the text of the Cor
/. stitution, was the idea of property in man une
3 quivocally rejected.
This pretension, which may be dismissed a
D utterly baseless, becomes absurd when it is cor
sidered to what result it necessarily conducts.
the Barbarism of slavery, in all its fve.fol
wrong, is really embodied in the Constitution, S
8 as to be beyond the reach Of prohibition, eithe
3 Congressional or local, in the Territories, Their
for the same reason, it must be beyond thereac
of prohibition or abolition, even by local author
ity in the States themselves, and, just so long
!. the Constitution continues unchanged, Terrific
{ ries and States alike must be open to all II
{ basting influences. And vet this pretensior
= which in ira natural consequences. Oyerturr