Year: 1860

is just this. They have, 10 their own States,
peculiar laws, which create property in per-
sons. They have a system of local legislation
on which slavery rests; while everybody agrees
that it is against natural law, or at least against
the common understanding which prevails among
men as to what is natural law.


am not going into metaphysics, for therein
should encounter the honorable member from,
South Carolina, [Mr. Calhouh,] and we should
find "lo end in wandering mazes lost,'' until
after the time for the adjournment of Con-
gress.


The Southern States have peculiar laws, and
by those laws there is property 10 slaves. This
is pure local. The real meaning, then, of
Southern gentleman, in making this complaint,
is, that they cannot 60 into the Territories of
the U. States, carrying Utth them Their own
peculiar local Ian, teso ndsach creates property
an persons. This, according TO their own state
ment, is all the ground of complaint they have.
Now, here, think gentlemen are unjust towards
US. How unjust they are, others will Judge:
generations that will come after Us will Judge
II will not be contended that this sort of per-
sonal slavery exists by general law. l. exists
only BY local law. do not mean to deny the
validity of that local law where ii is establish
ed but ] say it is, after all, local law. 1t is
nothing more. And wherever that local law
does not extend, property in persons does not
exist.


We'll, sir. what is now the demand on the
part Of our Southern friendse They say, awe
will carry our local laws with US wherever we
go. We insist that Congress does us injustice,
unless it establishes in the Territory, in which
we wish to go, our own local law" This de-
mand, |, for one, resist, and shall resist. II
goes upon the plea that there is an inequality,
unless persons, ander this local law, and hold
ing property by authority of that law, can go
into new territory, and there establish that local
Ian, to the erclusioa OF the general iaU. Mr..
President, it was maxim of the civil law, that
between slavery and freedom, freedom should
always be presumed, and slavery must always
be proved. If any question arose as to the
status of an individual in Rome, he was pre-
snmed to be free until he was proved TO be O.
slave, because slavery Is an exception to the
general rule. Such, / suppose, is the general
law of mankind. An individual is presumed
to be free, until law can be produced which
creates ownership in his person. do not dis
pute the force and validity of the local law, as
| have already said. but say it is matter to
be proved, and, therefore, if individuals go into
any part of the earth, it is to be proved they
are not freemeo, or else the presumption is that
they are.


Now our friends seem to think that an me-
quality arises from restraining them from go
ing into the Territories, unless there be law
provided which shall protect their owne7 ship
an persons. The assertion is, that We create
an inequality. Is there nothing to be said on
the other side in relation to inequality? Sir,
from the date Of this Constitution, and in the
counsels that formed and established this Con-
stitution, and suppose in all mems judgment
since, it is received as settled truth, that
slave labor and free labor do not exist we'll
together. have before me declaration of
MIR. Mason, in the Convention that formed the
Constitution, to that effect. Mr.. Mason, as is
we'll known, was distinguished member from
Virginia. He says that the objection to slave
labor is, that it puts free white labor in disre-
pute; that it causes labor to be regarded as
derogatory to the character Of the free white
man, and that the free white man despises to
work, to use his own expression, where slaves
are employed. This is a matter Of great in
terest to the free States, if it be true, as to o
great extent it certainly is, that wherever slave
labor prevails, free white labor is excluded or
discouraged. | agree that slave laber does not
necessarily exclude free labor totally. There
is free white labor in Virginia, Tennessee, and
other States, where most of the labor is done
by slaves, But it necessarily loses something
of its respectability, by the side of, and when
associated with slave labor. Wherever labor
is mainly performed by slaves, it is regarded
as degrading to freemen. The freemen of the
rrf hrwvn d.
ing labor free, exclusively free, in the new
Territories.


But sir, let US look further into this alledg-
ed inequality. There is no pretence that
Southern people may not 60 into territory
which shall be subject to the Ordinance Of
1887. The only restraint is, that they shall
not carry slaves thither and continue that re-
lation. They say this shuts them altogether
out. Why, sir, there can be nothing more in
accurate in point of fact than this statement.
understand that one-half the people who set
tied Illinois are people, or descendants of peo-
pie, who came from the Southern States. And
| suppose that one third of the people of Ohio
are those, or descendants of those, who emf
grated from the South; and | venture to say,
that in respect to those two States, they are at
this day settled by people Of Southern origin
iu as great proportion as they are by people
oil Northern origin, according to the general
number and proportion Of people, South and
North. There are as many people from the
South, 10 proportion to the whole people Of the
South, in those States, as there are from the
North, in proportion to the whole people of
thd North. There is, then, no exclusion of
Southern people; there is only the exclusion
of peculiar local law. Neither in principal
nor in fact is there any inequality.


The question now is, whether it is not COM
petent to Congress, in the exercise of fair
and just discretion, considering that there have
been five slaveholding States added to this
Union cut of foreign acvusitions, and as yet