The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-03-16

s- NOAaMtr moved 20 add The fOIOEiug:
A. leF-ous enlisted Or mustered into n
< service d. volunteers, ulder tie call dated Octo
il Der T., ls7s tor ,lr-e hundred thousand volsn
T, ieers. Ht0 we're at re tiGe OF enlistment sclu
= ally, and iorsix months previous had been, res.
Q dent Inhabitants Of the State in which theF vol
EnteeFed, shall receive from tue United State
tie sane amount ot souuty, without regard 4
color: Prov.deg, h0pster. That the foregoini
provision stai noi extend 10 any State whicl
e the President by proclamation, las declared il
1 state 81 insurgectiou.'
n. Wilson mosei 70 iuss r, the word " free
after tAe al. ia the ms, Lnr.
M HoWARn. understand Mr.. President
that 8 ti-i, Amendment s4a.l become ! law. d
vii De- hu, carving ou- ltr TlAcy u the ac
which gee assrd fes days ago, by which ihs
slave Voiun eerirg into the service Of the United
States receives nothing. 1t misunderstood is
/ should Ike 10 be corrected Sir, can vote
for 10 such measure, because the proposisio
carries With il what l regard as a gross ifius-
uce AID gross ileEaiiry. ! hold That what i.
called tie slave population OF the Uuited States
owe allegiance to the Government OF
tue United States; and that so tar IA allegiance
Is concerned, they are under precisely the same
obligation 20 maintain the government that their
so-cal.ed masters are under, and that tie COusti
tuition Of tie United States nskes no distinction
whatever IN this respect between shat are called
masters AID shat are called slaves. | hold, 10
cohtralistuctou from the doctrines laid down
by The eUiuent Senator from MARYLAND Nj
Johnson, that the Constitution OF the United
states does not recognize any property IN what
are called slaves. IL recognizes 10 property IN
man. IL does lot recognize man a. being sub
Jet Of property. Hese il the point Of departure
sFn 10
question Of constitutional law. tie hold, #
understand him rightly, that the Constitution
does recoguizc, AID in some way guaranty TO The
master property ia his slaves ! hold be con
trary. hold that the Constitution Of tie Unis
cd States IS an instrument tor the guaranty aud
support OF freedom 20 al mankind; aud that
WheueVer person, be he black or whige, or Of
any ut.irs eoYpi, -i--, s..frr tie llDmeul.
ate and exclusive iIhaence aud power OF that iu-
strumsnt, he becomes free person, Whatever
condition he may have besen 10 previously.
THIS IS a point in which | fer frOn lin. Is
is q radical point, a point involving elementary
rirciples, elementary principles OF human right.
hoid tat 10 man ever was born to be slave;
that all men were created equal before their
Maker aud that they ought 10 be treated As
equals before the Law.
We were told the other day by tie learned
Senator from Maryland .hat tic Common law OF
England st period later than the decision In
The SomEefsett case recognized property 10 man.
/ The question arys ST upon the appropriate llter-
prctation 10 be given 10 that clause in The
Ameudntlts OF the Constitution which declares
that privafe property shall not be taken without
Just compensation. / ventured the remark upon
the occasion that when the constitution speaks oi
private property it does not refer to men, be
their color whatever il nav, but that il refers 10
those articles which are recognized a. fit and
proper subjects Of property by the common laW
oi Euganj and also ventured the assertion
that by that law slavery was not recognized or
tolerated within the limits OF England Upon
that subjeet referred to an elementary -EissEa
Blackstone; and the Senator from karvlsnd
seemed TO take me 20 task-ceTtaiuly in a very
good naiured and courteous way, with which ]
hud no iault-tor advancing that idea; aud he
referred me, with air that certainly implied
that | ought 20 be better acquainted with my
Blackstone than | appeared 70 be. to that great
author. Tor the pgrp0se Of cOutrsdicting me. l
viii not set up my Own opinions as against the
learned Senator from Maryland. | am very
inconsderabe parsonage, AID choose 10, 10
tase up the the cudges against that eminent
gentleman; but be u.nst pardon ne for allowing
Justice Blackstone t. speak for himself Oh ths
point " hsl does tse great commentator sav
He ssys, IN tie fFst book Of his Commentaries:
Upon these principles the lsl- Of Enoland
djhors and iriA not endure the erifteacs ef
sldUerg icittin this nation 30 that when an a.
tempt VA made 10 inuodnce il. by statue
EdN. VI. C.. 3, which ordained that al i1le vag-
Ids should be made slaves, and iced upor
bread aAd wafer, Or small drink and refuse meat;
should wear 'ing OF iron around their uecks
arms or legs; aud should be- compelled by beat
ing, claiming . Otherwise, TO perform the work
assigned them, were it nsver so vile the spirit
Of the nation could not brook this condition,
even In tie most abandoned rngues; and thsre-
fore this statute wa repealed in two wears after
wards Aud no~ i Is laid do@u chat slave OF
negro. tie itstsni lao laads in England, becomes
free man that Is, the lss ~ui protect him IL
She enjoyment OF his person and his property"
Mark the language, sir Upon these prirci-
PIES the lAN OF England abhors ard will not Ell
dufe the existence OF slavery wiIhin this nation
What then must have been the condition Of
save within the realm Of England. Suppose
him 20 have been carried from tie plantations t.
London, or any other place within the realm.
That would bsse been his condition? Could
the master ssser. property in him: No, sig:
the iaS Of England, ths common aT 10
~hich ! appeal Tor al Interpretation Of the lan
guage used in our Constitution, forhids IL; it
.oi bids al property in man, If The claim 10 such
property Involves 4 condition OF slavery.
Again, sir, let Us see what Chancellor Ken
SAWS on the saUe subject, hoE far sccordiug g.
hin slavery Is recogn 'zed by the common Law.
De saws.
" Tie lalr Of England ,riU not endure The er-
isterce of slavery 'oithin the RAIN Of ENGLAND
The instant The siGrs touches the sol he become.
TREE. 20 as to be EMIT Cd to Be protected ia the
enjoyment IT his peTsoh aid p,opsyty thongt
he NAV still continue bound 20 service a. a serv-
ant There has been much dispute in the Eog
I lish books whether trover would lie for negro
slave aud tie better opiui0a Is tta. il will not
/ lie. because the owner las not Al absolute prop-
\ erty IT, tne gro aud by tie common law il wss
! ssd one man could not have property in A.
other, Tor Len were no. tae subject Of property -
And lie refers TO some dozen sojudieaied c.sss
arising and determined IN the courts Of Eng and
shich esisbiish Ihal proposition.
But. sir, the Senator took occasion 70 inform
us that Lord Stoweii in a subsequent decision, al
A period long since the esisbhshneut OF our
Constitution, hsd reversed or attempted to aunul
he deeson o. Lord Mansfield in The Somner
ssti Case So lar from being correct 10 this re-
mark. 10 reference 20 the decision Of Lord Stou
n in the csse OF tbe slave Grace (for that pre-
same Is the csse 10 uhich the senator referred)
I the direct contrary is the truth. LORD Stovel
/ does not make single declaration il TIE course
Of that elaborate ju1icisl opinion in Which he a.
ticks or dares 20 attack the opinion Of Lord
Mansfield IL the Somne set case he does no
/ ntimage anything 10 toe contrary. All Of any
! importance decided IN tbs. case by Lord S,oEen
= embraced IN tie marginal notes which l VI
iake occ ssion 20 read. After recognizing il the
sk, - :