Delaware State journal and statesman., 1865-01-27

The misfnkc Of those who propose this objec-
tion seems tu mo 10 CONSIST ia not sufh ipntly
distinguishing between tho taxing # the thing
uni the abolition Of the tenure by which IL ia
held do not entirely agree with ,huse who
allege that slavery is impossible in lAW or neots
sarily unconstitutional II has been too oug
established, too clearly reoJgn zed not only by
tue ncquies2encr, but by the express sanction Of
the Constitution and the repeated adjdeatioR Of
the courts, Tor me to deny it's Legality or doubt
the validity of'hc right lie Orig,u lost in tho
ismoirpess OF antiquity, prncii-ed at some time
hy every nation of tho earth il vindsatcs its
lawfulneHs by the universally Of its existence
Dul uitss as the muninicnt of It's uilc the common
consent ct mankind, And tho acuiimOut that
THAT "a ptoperiy which trelaw makes property
however condemned by the moTaiBt or reproba-
I'D by tho Humanitarian, must bu respected by
The iarisi and accepted By tho legislator
Tho hniure OF the right, however is material
In determining the question presented for sou-
lion, and the quality Of the recog lition u
equally material in deciding the exlenl Vt our
Constitutional power How Tar sucver inta tho
past the beginniog Of the Cnslaypmcui Of man
kind may have cnded, it Ii unquestionaho il
has It's origin in force. Il claims no natural
sanction Tor its ezisteucs, nor IA ts operation is
It c0nhnei TO my race. The white man equally
with the black has bern the subject Of Ms op-
piessivc uridictiun Thu slave pens of 4 algiers
have confined Christian captiyes until they nere
hauled forth to the uuo lon blc aud our
boas;cd Saxon ancestors wore around their
neeks the eJmhol4 If bondage. 10 tlis couutry
il has existed iiom It's earliest settlement. and
u every COLONY it found foibcaranec, il not
active fort for its introduc ion aud maint,n
| nnce. IL obtained in Massachusetts, as we'll ss
IN South Caroiina, and that it spread more
rapidly aud endured more firmly in the Inter Is
due perhaps qui no much tO the quality of tue
cimaic AMI she adaptation " the oil To the
produc ions rendering its labor ieniuncrniive As
10 the superior morality or Intelligence Of the
inhabitants Though thus universally pfactlced,
its injustice was TOO patent not to be recognised,
and its tendencies too deeteriOus not 10 be
mourned. lis existence became soon To be tul
! Grated rather than encouraged and al the ad ip-
ton OF tho Constitution there is abundant eVi
dence, not only Of the hope hut the expectation,
| that 1t would soon cease IN prevail. Aud IN this
connection ii ougni not 10 be forgotten that It's
introduction into Indiana was drnied even by
Southern nlaye-Owners against tho re.eat d
petition Of the inhabitants The inventi Of
tbs cotton gu enye u fresh impetus 10 it- eE-
pansion, mud by rendering il more valuable
stimulated its growth. TIe Inventive genius VI
New England furnished tho iudncchent, aud tho
cupidity Of the master, in estimating hIa pecu.
mary adYaRtagee. lost sight of tbe wrans.
Mr. Speaker l am ~ apolueiei ior sav,ry,
] bnt cahnot be laiae to Truth by wltuliy per
vertiug history. The necessary ehuractrris,ies
! Of slavery are bad enough il is Of Itself ana IN
itself wrong enough ; It's cUucOnll tnns and u1.-
sequences are injurious cuUugL 10 dessrye uui-.
yeTsal condemnation without pttribu,hg to the
master qualities which siuk him below the level
Of mankind.
It is not true that wauion ruelly aul un-
minRat,d oppression wrie universally or even
ordinarily cK rclssd toward tne sase The fac,
that from four hundred tnouspnd. al the adop
ton Of the Constitution, the race wts inoreas d
to fur million iu the spnce Of les lhau eighty
years, is ulhei'nt evidence thai thsr It, a..
innt has been generals huiuanr.
lp this respect the slave ,Wrvrs of the 3 nth
present marked sni laadahie c.u ra-t 10 tuuse
OF the W,at Iudics wh,gc u diii-,ent polioy ore.
vailed Ii the iatt,r il va. the acceptud max IN
that il was cheaper TO mpor tn,u 70 Iai-e.
more profitable To xiii thnu to uininitn Tao
result was s'hlr in the ,ii CT. Wmlc Ia lhoso
islands Al tho time OF the emanclp .tiop there
were fcWsr slaves than had nteu lDported in
tho States tb'y have increased TO lrufod their
original numher.
The tito by Which they nre held, and tbs
nature Of tho property recogn and protected,
form the material suri cts Tor uur Consideration
in answering OF ayoding the OH &c ions propose
to he pending measure Whatever tais right
is it eKis.s only by the laws Of the snies ia
"hiNh thf lheliiu'l "a NulAlud ~ ms No WdfrMuI
in nntufe; it finds no sanction ia the ruumcrn-
ton Of the subjects " property over which
, dominion was gven to man by the Cfeaior
Whether existing, by force ~ custom, ur hy
lmmeInorial usage, or by positive euu ;tincut il,
origin is human ami not divine. SO cs,sung /,
was oobtined to the locality 10 whicl the custom
obtainaf, or over which the la6 Recognizing il
was capsblo of enforcement N tho slave cs-
capped beyond this Jurisdiction, il the master
carried him hey nd ts confines, tile bond which
obliged linn was loosed, the tenure by which he
was hcd wns dissolved. The owner could neither
retake or detaiu That such was tho light in
which II was regarded by tho trainers of tho
Constitution Is man feet from The neousstty of
tue claase author 1ng tho reCAplure and requr
lug the surrender. Tho language in which il ia
, couchei is Raariedly ftnmed. In this provision
1t is eAprtssly and int ntonaliy DECLARED that
r ''No person held To- scrUce or labor 10 Any
, State der the laws h"rept. ehall by csr4pina
into another, &c deemed to b disoanig,d
Tae tsnure by which sueh p,rson Mns held
was declared 10 be the memorial law Of the
Slnte-that aud TINT Gully was recognized as tho
foundation OF the claim Wheu such law ceased
20 exist, eith,r by tue act VI the constitute
authorities of the state or by the nte yention Of
, a superior pewer rendering it Jul, The night was
Ht an end by the abrogAliou Of tie authority by
, which alone II had existence. The property OF
thiAg IS not takeni hut the law is repealed uuder
, and by virtue Of which We could set up npy
claim to slave. Tic operation Of tho aneud.
Ioent il upon the law, not upon the subject; Is
effect Is to convert into a inau that which The
law declared was chattel but THO vi, OF o IL
followed as The result OF oustng the jurisdicuon
which enables the courts to takc cogu zan,e j
the claim Of the master.
, The Constitution rprcally ordains that
"Ihe Constitution, aud the laws OF tn ,itci
states made III pursuance thereof" \
snail be the supreme law Of tho land. and tn,
judges in every Sia'e shall be bound thereby
anything 10 the Constitution or laws of au,
stA'e to the contrary Notwithstanding"
Providing in terms for lis own amendment
The eeme high aud oVeruling sanction pertain,
10 every provision subsequently, ordained i,
+ Conformity with the mode prescribed
+ In c9nlering this power / have said that IN,
people imposed no limitations except IN the uar
tculars specified, aud in adopting the very claus,
.hey felaso to Incorporate q provision whtol
from its connection aud language by necesa r,
CONSTRUCTION was Intended TO protect the inAt
tuition Of slavery from destruction by o,n-,i,t
honal amandmeut Nor 10 this question Of now
er IS 1t material whether the Constitution ia ,
compact between States OF an organic law ema
mating from and FOUNDED upon the express sans
non of tho people ln the one case Ii would In
ure as surrender by the Slatos of a right a
sovereignty, and would operate up them ~
their political capacities MS parties to the rec.
neht IN tho other as Limitation by Tho peonl,
upon their cwn power when acting thtouyb IN,
agency Of the Slate oreanI ,iiou. Nor in ,b,
exercise OF this power II th,re any JUST prerruc,
OF rBht 10 compensrtou. This ulaim inurej
uhue, tue special provision of the ton -titutl
iluu then only When private pop.rty il tnker
Tor public use 1t has no reference to tb. .o,iny
OF The people in or1nining C,n.nlutiou. n ,
are communities restrained bY nuvstob limit,.