The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-01-18
rnE ABOLITION OF SLAVERY.

THE ABOLITION OF sLAvERr.
Rsmarks sf He's. Jshn "A. kssssn, -
ssaasaaz Lava zssxzszz
On Tuesday Of last week the House con-
sidered the following Joint Resolution offered
~ Hon. Jso. A. KAssox: asws-s
From the Congregational Globe.
Where's. the Congress of IN Dated states -
Che second session Or the Thirty sBiehth gress
proposed to the several States Tor Aooption ~
thirteenth amendment TO the Constitution Of the
United States, which has now, by the ratincat,on
n three -fourths of tho States Of the Unio1s ~
eome mart Of the Constitution, and which ~ ~
terms forever prohibits slavery orinvoluntary ser
yitude, sssxespt ~ ptpishmsnt fofcrims = serss
the pssty shaif hsve sesn day coevic.soE ~.
rhereas il some parts Of this Uniontt 10 Asesrfn
and maintained that notwithstanding said
ment, il is lawful to sell otherwise commit INTO
unofficial subsection to slavery persons who may
be COM icted Of ohenses against the law, oy ree-
son whereof certain inferior trihunsf have a.
Judged free eitisens Of the United staies = 70
disposed Of ~ to ~ estAblish chattel aevorl for
life or for years, sgsinst the principles q the
Christian religion, of civilization, and OF the
Constitution Of the United StStes, which now rec
orni,e, no involuntary servitude, except to tho
lsw ana to the officers Of its adminissfsfisni NOS
therefore
n, !, re.olred. de-, That the true intent and
meaning Of said amendment prohibits slavery or
lnyountary servitude forever in sll towns, except
| in direct execution Of sentence imposing den
mite penalty according to Law, which penatysean-
not without violation Of the Constitution, impose
auy other servitude than that Of imprisonment q
| other restraint Of freedom under the immediass
control Of officers Of the Law snd acecrdng to the
usual course thereof, to the exclusion OF all unof-
fetal control of tho person % held IN sss!badf;
and that all orders, jVdemenss, or other deefefs
authorizing or directing the sale or other dlapo9-
ton into sery itude Of any person within the luri
diction OF the United Slater otherwise thAn -
above declared to be lawful, are aud shall be tahsn
toke In violation of the thirteenth CONSTITUTIONS
amendment aforesaid, and therefore void
| Mr.. kAssox. Mr.. Speaker, the PROPOSE
ton now before the House, is, in my Judg'
meut, second in Importance only TO the
amendment of the Constitution itself, which
was adopted, prohibiting slavery in the Dll'
tied States | apprehend that few members
lof this House of Congress, at the time OF TIE
massage of the amendment, supposed that n
1.-The very sentence abolishing slavery through
Tout the United States they had also MADE
provisions for its revival under another form
land through the action of the courts OF the
lcountry. The facts certified to Us by ths
lnewspapers of the South, from week to week
show that the result Of that action, IS 1t n
There construed, is to revive the institution 10
chattel slavery with all its odiors character
listlcs: that free men, declared TO be free pr
this clause OF the Constitution, are put uppi
1.-The auction block to-day and sold to the high
est bidder into slavery.
Now. sir have felt the couvictioh--whlcl
: have no doubt is shared By every loyal mem
Der of this House-that this WAS not within
, 1.-THE intention of that anti slavery amendmen
of the Constitution, and that TO tolerate 1t II
this land Of liberty is to tolerate usurpatIo'
bv inferior judicial tribunals directly IN tn
: face OF the Constitution of the United Ststes
Sir, this clause, as We know, was drawn fror
the ordinance of
At the time that ordnance became the law Q
l the land the institution of slavery did exis
I de faeto in the several States of this Cnipn
, There was. therefore, at that time, sccordln
r to law. an existing condition of slavery, iht
which men could be sold if necessary, be
cording to the language of that ordinance
! ISince that time he Congress of the UnFe
States. supported by three fourths of th
States Of the Union, and Endorsed by the rec
pie OF the country, has abolished the co1d
ton OF slavery into which freedman ccAii
:, under any circumstances be sold. The con
8 sequence is that the reason for that construs
: ton OIL TINS language uds fdion ohu oSSViu
ing to AN old legal maxim, the law itself fail
so far as it could under other circumstance
C receive that interpretation.
e | affirm, sir, without fear of successful an
reasonable contradiction, that, in this condi
ton of things, since the anti>slavery amend
iment was adopted, you cannot lind cond
!, ltion Of chattel slavery existing in the Unite
States into which freedman can be sold u,
der this language of the Constitution. q
. the contrary, freedman can be eondemne
:, lby the law only to the involuntary servitud
now existing within the United States, with
in the walls OF prisons, and within the juri
Q dictlon Of the law and the officers Of the Law
s Andit is upon this principle, in view Of tn
q fact OF construction,that assert that the IL
terpretation given to that clause OF the Coz
stitution has been erroneous wherever 1t BIZ
= been adopted: that there is no longer foun
@ within the United States any such decsriI
q ton OF slavery as that into which, aecordir
= to the construction in the Southern State
% free men may justi6ably be condemned.
Well, sir, further than that, further this
the general right We have to construe al
'e statute in the creation of which we ha,
ID taken part as the Congress of the Unite
:, States also affirm, under the second sectis
of that amendment the Congress Of Il
United. States has the right TO enforce tn
OF anti-slavery amendment, and in that right
, enforcement we have the right to say VIII
10 falls within the terms Of that amendment
being slavery or involuntary servitude.
This is the clause to which | refer "Co
ne gress shall have power to enforce this artie
It, by appropriate legislation and aside fro
>. the general right to which | have referred
:. find the right in the second clause of {
- amendment 10 define the species of slave
p | H., ,,,t, -. III g.
man may be lawfully condemned by the Ia
of the country.
he Mr.. FlycK. One more question. | a
=. NV friend whether this question does not b
:. long appropriately, iegitimately and cons
70 tutionally to the Supre me Court OF the Vi
ted States, aud not to Congress?
an Ma kAssos. | am glad my friend
=. put the question: for it presents an addition
GO reason which intended to present for t
b. prompt action of Congress on the subje
ut There are questions now pending in the In
lie rior tribunals which are soon TO be det'
~ mined, probably by the superior tribunals
- some of the States Of the Union, and by t
y, supreme judicial tribunals of the Unit
be States, on appeal from the decision Of t
lower tribunals in question. But before Il
is done, it is the duty Of Congress to elha,
"A amendment, or deliberately, under the seco
~ clause, by actual legislation, to declare wi
:, shall be the law Of the land. If we ado
=. this joint resolution, and it becomes law pr
/. TO the final decision Of the question REFER
M TO, We vastly strengthen the grounds
an which the United States judiciary can deci
:" this to be the right construction, supported
=. it is by tn constituting and positive legislati
- power of the United States
Why. sir, If this be not done, you not OF
80 fail to eonstrue your own act and exhai
y. your power in the interest Of the liberty
t. the citizen, bu, You leave the local la
=. which We believe to be in contravenpon
=. that clause Of the Constitution in fall for
o. and effect over the State tribunals, while
:. ourselves are silent on the subject to the e
=. tent of our power of legislation.
] wish to add, as | have already stats
W that the final decision of this question re
al in each ease properly presented to it with t
:. supreme Judicial tribunal Of the country.
,aj i now ask the Clerk to read. in justifcati
on Of the necessity for some legislation, an
nj. tract from q paper showing what has be
~ done near us in the State of Maryland.
=. The Clerk read a. follows
nd NEGROES SOLD As PusfsHnasr ron cRrNRs
so PuBLio SALk--Ths andessigned will oder
4 sale ut the court hosse deor ID tho city Of
liz ~. - -