Year: 1860

consider in the light of foreign acqui-
sition also, and up to this hour in which
1 address you, not one Free State has
been admitted into the Union from all
this acquired territoryl


Mr.. Berrien Gin his seat)-Yes; Iowa


Iowa is not yet in the Union. Her
Senators are not here. When she comes
in there will be one to FIVE, one Free
State to FIVE Slave States, formed out of
new territories. Now it seems strange
to me that there should be any COM
plant of injustice exercised by the
North toward the South. do not rep
resent the North, I state my own case;
and 1 present the matter in that light in
which I am willing, as an individual
member of Congress, to be judged by
civilized humanity. We stand here
now, at least do, for one, to say that
considering five new slave holding States
have already been framed out Of newly
acquired territory, and only one nom
slave holding State, at most, l do not
feel that am called on to go further; I
do not feel the obligation to yield more.


But our friends Of the South say
You deprive US of all our rights. We
have fought for this territory, and you
deny us participation in it. Let us con-
slider the question as it really is; and
since the honorable gentleman from
Georgia proposes to leave the case to
the enlightened and impartial judg-
ment of mankind, and as [ agree with
him that it is a case proper to. be con-
sidered by the enlightened part of man
kind let US see how the matter in truth
stands Gentleman who advocate the
case which my honorable friend from
Georgia with so much ability sustains,
declare that we invade their rights, that
we deprive them of participation in
the enjoyment of territories acquired by
the common service and common exer-
tions of all Is this true? How de-
prive? Of what do we deprive them?-
Why, they say we deprive them of the
privilege of carrying their slaves, as
slaves, into the new territories. Well,
sir, what is the amount of that? They
say that in this way we deprive them of
the opportunity of going into this ac-
quired territory with their property
their property" What do they mean
by "property?' We certainly do not
deprive them of the privilege of going
into these newly acquired territories
with all that which the general estimate
of human society, in the general and
common and universal understanding Of
mankind is esteemed property. Not at
all. The truth is just this: they have
in their own States peculiar laws which
, create property in persons. They have
IL system Of local legislation upon
which Slavery exists, while everybody
agrees that it is against natural law, Or
at least against the common understand
ing which prevails among men as to
what is natural law.


am not going into metaphysics, for
therein | should encounter the honora
Bile member from South Carolina, (Mr
Calhoun,) and we should find ''no end
in wandering mazes LOST until after
the time of the adjournment of Con-
grcss. The Southern States have pecu-
liar laws, and by these laws there is prop
erty in slaves This is local The real
meaning, then, of Southern gentlemen
making this complaint is that they can
not go into the territories Of the United
States, carrying with them their own Pc
culiar local lava law which creates
property in persons. This, according
to their statement, is all the ground of
complaint they have. Now here I
think gentlemen are unjust to US. How
unjust they are others will judge; gene
rations that will come after US will
Judge 1t will not be contended that
this sort of personal Slavery exists by
general law. 1t exists only by local
law. I do not mean to deny the valid
ity of that local law where it is estab-
lished, but l say it is, after all, a. local
law. 1t is nothing more.


And wherever that local law does not
extend, property in persons does not ex-
ist. Well, sir, what is now the demand
of our Southern friends? They say,
"We will carry our local law with Us
wherever we go-we insist that Con-
gress does us injustice unless it estab-
fishes in the Territory in which we
wish to go, our own local law This
demand I, for one, resist, and shall re-
sist. 1t goes upon the idea that there
is no equality unless persons under this
local law and holding property by au-
thority Of that law, can go into new ter
ritory and there establish that local law
to the exclusion of the general law.


Mr. President it was a maxim of the
civil law that between Slavery and free
dom, freedom should always be pre-
Isumed, and slavery must always be
proved. Slavery is an exception to the
general rule. Such, 1 suppose, is the
general law of mankind. An individ-
ual is to be presumed to be free until a
law can be produced which creates own
ership in his person.


Now our frieuds seem to think that
an inequality arises from restraining
them from going into the Territories,
unless there be Law provided which
shall protect their ownership in person.
The assertion is that we create an ine-
quality.


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 es-
tablished this Constitution, and [ sup
pose in all mems judgment since, it is re-
ceived as settled truth, that slave labor
and free labor do not exist we'll together
have before me declaration of Mr.
Mason, in the Convention that formed
the Constitution, to that effect. Mr..
Mason, as is well known, was a distin
guished member from Virginia. He
says that the objection to slave labor is,
that it puts free white labor in disrepute;
= Il = l. L, LII