Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1861-09-04

Mr. Ga1x@afxg. Il am bat sffkhfay &C.
Iuainted nth the rszaas Of tAe Housa, but
suppssed TIE prssionk qaesssouh had bsen,
Substantially, withsaAwn By shN gentle n
aan who made ii, b. entering into al Z,
with half ! dozen geatlemen
lpoa tina subject.
The SR8AxEa. The Chair would stats
.hsE angesa The deuaaad u Withdrawn, no
sebats q Id order.
Mr.. KKrA.oaa, of Illinois. I ask the
unanimous eonsana If shs HOUSE 20 per
nit the gentleman fsam Kaasaaky 70 pre-
reed.
No obje0tioa was made.
MA. CarTTExpgS. | shall occupy the /
time of The House but very few mo-
ments. Mr. Speaker, Ii has been con
coded In al time, believe, shat the Fed
eral Government, che Congress Of tbs
United States, had no power TO legislass
upon the subject Of slavery within the |
States. Et has been conceded that was |
subject for State legislation only. Does
war change the powers of Congress In this |
respecta 1t Is the absence Of MI power
upon the subject which has prevented
your legislation. Absence of all power
Of legislation ia time Of peace must be
the absence Of the same power at all
times. The constitutional power of this
House does not come and 40 with .
change OF circumstances That ID 6xsd
rule of Congress, permanent, lumutahle,
and made to govern Congress. Now, sir,
if you can legisla&e in regard to slavery
in this Instance, aRd il you can, upon
certain conditions in Gne OF war, destroy
the gighs OF the master Go his slaya, why
cannot you, upon certain conditions, In
time OF psaea, do the sans thing? You
do il here because the slave H. employed
TO aid the master In the commission OF 8
great crime, that IL, the uniting 10 civil
war. Could you not apply the principle
to times Of peace, and make the eondi-
! tions thans Ii q master uses his alaYe
20 aid IN the commission Of tFaspass,
or it may be murder, can you declare
| that to be q sufficient causs for the iibsr-
alton of the slave9 Why can you not p
Because you hare no power BY your Gen.
stitution TO touch slavery at all,
lay, in relation to slavery, that Con.
gress never had any power OF legislation
within the States and, no longer ago
than last session, this body aad the Sem
ate, by Il majority Of two thirds, were
willing TO make that q provision OF the
Constitution, when no body had ever de-
manded it. 80.
Now, sir, am not inqairing, noF am !
prepared to make an argument, rs TO
powers in state Of war, Gs to national
law, worldwide law. / am faternesing
a positive statute, and SAP il there is no
power to do this thing Ia time of peace,
there is 40 such power at any time.
Mr.. CArrTRxpRS. | will proceed to
make the few remarks which intend 10
do on this subject. / say, if you hare nc
power directly, no matter what the adj
Eantages of the exercises of tast power
would be, no matter how just, no matter
how necessary TO the preservation of the
Union, you cannot legislate about it fer
want Of power. That is nay point. You
cannot make general law thai shall reg
ulate slavery, that shall regulate the
rights of the master or the rights Of the
servant In State Of this Union, in tina
Of peace. That will be admitted, Think.
You cannot punish any crime in the State;
that 10 for the Slate, Ii ia part Of ita
interior policy. il is the law, and you
were willing to pat it in the Constitution
~ thing never denied. Nov, | max my
friend II this bin il not getting around
that, making use of state af war, of .
state of things that highly exeites US all
In adopting this indiscreet and unadviset
legislation, are we not trying, uEdei
plausible circumstances, to insinuabe Gun
jurisdiction IN q manner which, IN th,
same principle, must apply to place thl
slavery Of the South land Wilt it not b
so understoodl completely in the power o.
Congress-
Mr.. Speaker it is the crime agaius
which We are legislating that iFritatea
and provokes US to extremity In our leg
islatioa on this subject. We have pow
er in all cases within cur Jurisdiction Il
try persons in our courts for the crime al
legged against them; and all the couse
. Queuces which the law annexes under ID
Constitution follow the judgment.
Now, in reference to treason, which /
the crime here. The Constitution ieaae
0 what it ia, aad provides for its punish
I ment. Ii declares that treason agains
the United States shall consist in lsvyint
war against them, and that MO persol
j shall be convicted Of treason except o.
t the testimony Of two witnesses TO til
same overt act, or on his confession il
I open court. IL declares that Congress
shall have power to declare the punish
meut Of treason; but 40 attainder o
T.. treason shall work corruption Of blood
, or forfeiture, except during the life 0
/ the offender.
Now, sir, the crime declared by thi
: bill, and for which this forfeiture is t
D take place, is treason--treason By il
E very definition. 1t is 50 considered /
this bill. u is SO considered by my frien
from Illinois. This law undertakes 8
= deprive the owner Of slaves of bis sntiF
G property, and give complete freedom :
the slave. The Consultation says tia
even on conviction Of treason, there shal
be no forfeiture Of property, OF aay da
{ scriptiou, beyond the lifetime Of the Of
: fender. ...... s.-..4 l......
ii New, ask my friends everywhere If
Is not a plain breach Of the Constitution
thas man shall forfeit his slayas p
Whatsoever of property ho employs Q
8 permits to be employed IN 3 certain wa
10 aid Of tfeasonable purposes, ha shaI
forfeit it absolutely, says this bill; an
, especially shall be forfeit bis slaves for
r ever. That is the language of the BILL
r The language Of the Constitution ia, tha
, no title Of his property shall be forfeise,
for longer than his lie. In this, hoEev
er else We may differ, there Il 80 apparel
8 enthusiastically Ia this bill.
. Sir, I will leave the matter with the sin
> gle remark. This provision OF the hil
win be considered, and so insarprete
abroad, Is assuming TO Congress powe
over slavery. II you eaa, On conditions
1 In time Of war, abrogata and abolls
slavery, II may well be asked whasher 70
cannot do 1t ia time Of peace, co siasila
4 L ash5s. ~ Z n 49, - = -