Year: 1860




been any attempt, as. | am creditnbly in
formed. to interfere, in single instance,
with the right of the master. Had any
such attempt been made the Judiciary
would doubtless have afforded an adequate
remedy. Should they fail to do this here
after, it will then be time enough to
strengthen their hands by further legisla-
ton. Had it been decided that either
Congress or the Territorial Legislature
possesses the power to annul or impair the
right to property in slaves, the evil would
be intolerable. In the latter event, there
wonld be struggle for majority of the
members of the Legislature at each sue
cessive election, and the sacred right Of
property held under the Federal Consti-
tuition, would depend for the time being on
the result. The agitation would thus be
rendered incessant whilst the Territorial
condition remained, and its baneful in
tlucnce would keep alive a dangerous ex-
element among the people of the several
States. -. fe


Thus has the status ofa territory, during
the intermediate period from its first set
tlemcnt until it shall become State, been
irrevocably fixed by the final decision of
the Supreme Court Fortunate has been
this for the prosperity of the Territories
as we'll as the tranquility of the States
Now emigrants from the North and South.
the East and West, will meet in the Ter
ritories on a common platform. having
brought with them that species of proper
ty best adapted, in their own opinion, to
promote their welfare. From natural
causes the slavery question will in each
case soon virtually settle itsclf-and before
the Territory is prepared for admission as
State into the Union this decision, one
way or the other, will have been foregone
conclusion. Meanwhile the settlement OF
the new Territory will proceed without
serious interruption, and It's progress and
prosperity will not be endangered or re-
tardcd by violent political struggles.


When in the progress of events the in
habitants of any Territory shall have
reached the number required to form a
State, they will then proceed. in regular
manner, and in the exercise of the rights
Unpopular sovereignty, to form consti-
tuition preparatory to admission into the
Union. After this has been done, to en-
ploy the language of the Kansas and Ne
braska act, they "shali be received into
tie Union with or without slavery. as their
constitution may prescribe at the time of
their admission" This sound principle
has happily been recognized, in some form
or other by an almost unanimous vote Of
both houses Of the last Congress.


THE AFRICAN SLAVE TRADE.


All lawful means at my command have
been employed, and shall continue to be
employed, to execute the laws against the
African slave trade. After a most care
full and rigorous examination of our coast
and thorough investigation Of the subject.
we have not been able to discover that any
slaves have been imported into the United
States except the cargo by the Wanderer,
numbering between three and four hun
dred. Those engaged in this unlawful en-
terprise have been vigorously prosecuted;
but not with as much success as their
crimes have deserved. a number of them
are still under prosecution.


Our history proves that the fathers of
the republic in advance of all other nations,
condemned the African slave trade. 1t
was, Notwithstanding, deemed expedient
by the trainers of the Constitution to de-
prive Congress of the power to prohibit
migration or importation of such persons
as any of the States now existing shall
think proper to al nit "prior to the year
one thousand and eight"


1t will be seen that this restriction on
the power of Congress was confined to
such States only as might think proper to
admit the importation of slaves 1t did
not extend to other States, or to the trade
carried on abroad. Accordingly, we find
that carly as the 22d of March, 1874, Con-
gress passed an act imposing severe penal
ties and punishments upon citizens and
residents of the United States who should
engage in this trade between foreign ma
tions. The provision of this act were ex-
tended ana enforced by the act 10th May,
1900.


Again: the States themselves had clear
right to waive the constitutional privilege
intended for their benefit, and to prohibit.
by their own laws, this trade at any time
they thought proper previous to 1905
Several of them exercised this right before
that period, aud among them some con-
tanning the greatest number of slaves
This gave to Congress the immediate pow
er to act in regard to all snch States. be-
cause they themselves had removed the
constitutional barrier Congress accord
ingly passed an act on 26th February, 1903,
s'to prevent the importation Of certain per-
sons into certain States where, by the
laws thereof, their admission is prohibited
In this manner the importation of African
slaves into the United States was, to a
great extent. prohibited some years in ad
vance of 1908. eH


AS tho year 1908 approached, Congress
determined not to suffer this trade to exist,
even for single day, after they had pow
er to abolish it. On the I'd of March,
1903, they passed an act to take effect
.'from and after the 1st day of January,
$685." prohibiting the importation of Af-
rican -slaves into the United States. This
was followed by subsequent acts of SINH
lar character, to which need not specially
refer. Such were the principles and sucl,
the practice Of our ancestors more than fif-
ty years ago in regard to the African slave
trade. eta 81 ialiee<a - g i.iieisiA ass


H.. ri - ----.-. H.