Abbildungen der Seite


e time when: We all look forie, slavery has thus :


“The Territories belong to the United States as one in a large portion of the territory of the United States ; people, one nation, and are to be disposed of for the but there is no outcry against that, because it is the procommon benefit of all, according to the principles of the hibition of a specific kind of property, and not a prohibi. Constitution. Each State, as a member of the Confede- tion against any section of the Union. Why, sir, our racy, has a right to a voice in forming the rules and laws now prevent a tavern-keeper from going into some regulations for the government of the Territories ; but of the territories of the United States and taking a bar the different sections-North, South, East and Westmi with him, and using and selling spirits there. The law have no such right. It is no violation of Southern rights also prohibits certain other descriptions of business from to prohibit Slavery."-Cong. Globe, Appendix, vol. 22, being carried on in the Territories. I am not, therefore, part 1, page 869.

i prepared to say that, under the Constitution, we have not

the power to pass laws excluding Negro Slavery from HE ADVOCATES THE “IRREPRESSIBLE CONFLICT." the Territories. It involves the same principles." On the same day, and in the same speech, and 1118, vol. 21. Cong. Globe. 1849-50.

Speech of Senator Douglas, June 3d, 1850, pages 1115, Mr. Douglas said :

On the same day, and in the same speech, “I have already had occasion to remark, that at the time of the adoption of the Constitution, there were Mr. Douglas referred to the Wilmot Proviso twelve (slave States), and six of them have since abol-1

a ru viattoaun sia olmem nave since abol resolutions, passed by the Illinois Legislature, has steadily and firmly advanced, while slavery has receded in the same ratio. We all look forward with con “My hands are tied upon one isolated point." fidence to the time when Delaware, Maryland, Virginia,

“A SENATOR-Can you not break loose?" Kentucky, and Missouri, and probably North Carolina "MR. DOUGLAS-I have no desire to break loose. My and Tennessee, will adopt one gradual system of eman- opinions are my own, and I express them freely. My cipation, under the operation of which those States must, votes belong to those that sent me here, and to whom I in process of time, become free."

am responsible. I have never differed with my constithe same

tuency during seven years' service in Congress, except

upon one solitary question. And even on that, I have no propoeition to amend the Constitution, so as to

Constitutional difficulties, and have previously twice given preserve an equilibrium "in point of numbers the same vote, under peculiar circumstances; which is between free and slave States, be says:

now required at my hands. I have no desire, therefore,

to break loose from the instruction."-Cong. Globe, “Then, sir, the proposition of the Senator from South

Appendix, vol. 22, part 1, page 878. Carolina is entirely impracticable. It is also inadmissible, if practicable. It would revolutionize the fundamental

SLAVERY IN NEW MEXICO. principle of the Government. It would destroy the great principle of popular equality, which must necessarily form In the Senate, on the 12th day of February, the basis of all free institutions. It would be a retro- | 1850, on the subject of Slavery in the Territory grade movement in an age of progress, that would astonish the world."-Cong. Globe, Appendix, vol. 22,

of New Mexico, Mr. Douglas said : part 1, page 871.

“If the question is controverted here, I am ready to

enter into the discussion of that question at any time, CONGRESS MAY RIGHTFULLY EXCLUDE SLAVES

upon a reasonable notice, and to show that, by the conFROM THE TERRITORIES.

stituted authority and constitutional authority of Mexico, On the 13th of March, 1850, in the speech

Slavery was prohibited in Mexico at the time of the

acquisition, and that prohibition was acquired by us already quoted from, Mr. Douglas said: with the soil, and that when we acquired the territory,

"But you say that we propose to prohibit by law your we acquired it with that attached to it-that covenant emigrating to the Territories with your property. We

running with the soil-and that must continue, unless emigrating to the Terw o nize your right, in com- removed

removed by competent authority. And because there

iniurinn thus attached to the soil, I have mon with our own, to emigrate to the Territories with was a prohibition thus attached to the soil, I have your property, and there to hold and enjoy it in subordi

always thought it was an unwise, unnecessary, and unnation to the laws you may find in force in the country. justifiable course on the part of the people of the free These laws, in some respects, differ from our own, as the

States, to require Congress to put another prohibition laws of the various States of this Union vary on some

h some on the top of that one. It has been the strongest argu. points from the laws of each other. Some species of pro

ment that I have ever urged against the prohibition of perty are excluded by law in most of the States as well

Slavery in the Territories, that it was not pecessary for as Territories, as being unwise, immoral, or contrary to

the accomplishment of their object."-Cong. Globe, the principles of sound public policy. For instance, the

vol. 22, part 1, page 343. banker is prohibited from emigrating to Minnesota, Oregon or California with his bank. The bank may be pro

SLAVERY A MERE QUESTION OF DOLLARS AND perty by the laws of New York, but ceases to be so when

CENTS. taken into a State or Territory where banking is prohib

Shortly after the Illinois election of 1858, ited by the local law. So, ardent spirits, whisky, brandy,

Mr and all the intoxicating drinks, are recognized and considered as property in most of the States, if not all of St. Louis, Memphis, and New Orleans, and them; but no citizen, whether from the North or South, Ladanosoin

addressing the people at those places on politican take this species of property with him, and hold, sell, or use it at his pleasure, in all the Territories, because it is cal topics. He spoke at Memphis, on the 29th prohibited by the local law-in Oregon, by the statutes of of November, and the following is an extract the Territory, and in the Indian country by the Acts of Congress. Nor can a man go there and take and hold ad in the Indian country by the Acts of from his speech as reported phonographically

hd in the Memphis Avalanche: bis slave, for the same reason. These laws, and many others involving similar principles, are directed against " Whenever a Territory has a climate, soil and prono section, and impair the rights of no State of the Union, ductions, making it the interest of the inhabitants to They are laws against the introduction, sale and use of encourage slave property, they will pass a slave code specific kinds of property, whether brought from the and give it encouragement. Whenever the climate, soil

North or the South, or from foreign countries."-Cong. and productions preclude the possibility of slavery being i Globe, Appendix, vol. 22, part i, page 371.

profitable, they will not permit it. You come right back

to the principle of dollars and cents. I do not care And again :

where the immigration in the southern country comes " But sir. I do not hold the doctrine that to exclude from: if old Joshua R any species of property by law from any Territory, is a Ohio and settle down in Louisiana, he would be the violation of any right to property. Do you not exclude strongest advocate of Slavery in the whole South; he banks from most of the Territories ? Do you not would find, when he got there, his opinion of Slavery exclude whisky from being introduced into large por- would be very much modified; he would find on those tions of the territory of the United States? Do you not sugar plantations that it was not a question between exclude gaming-tables, which are property, recognized as the white man and the negro but between the negro and such in the States where they are tolerated ? And has the crocodile. He would say that between the negro any one contended that the exclusion of gambling-tables, and the crocodile he took the side of the negro; but be. and the exclusion of ardent spirits, was a violation of any tween the negro and the white man, he would go for the constitutional privilege or right? And yet it is the case white man."

made a southern toi



| 1859, in a debate with Jeff. Davis, Mr. Douglas On the 6th of December, 1858, Mr. Douglas said : spoke at New Orleans. The following quotation from his speech is taken from the report in the

"I do not put Slavery on a different footing from

other property. I recognize it as property under what New Orleans Delta :

is understood to be the decision of the Supreme Court. “I, in common with the Democracy of Illinois, accept I argue that the owner of slaves has the same right to the Dred Scott decision of the Supreme Court of the remove to the Territories and carry his slave property United States, in the Dred Scott case, as an authorita- with him as the owner of any other species of property, tive exposition of the Constitution. Whatever limita- and hold the same, subject to such local laws as the Tertions the Constitution, as expounded by the courts, ritorial Legislature may constitutionally pass; and if any imposes on the authority of a Territoria Legislature, we person shall feel aggrieved by such local legislation, he cheerfully recognize and respect in conformity with that may appeal to the Supreme Court to test the validity of decision. Slaves are recognized as property, and placed such laws. I recognize slave property to be on an on an equal footing with all other property. Hence, the equality with all other property, and apply the same owner of slaves—the same as the owner of any other rules to it. I will not apply one rule to slave property species of property-has a right to remove to a Territory and another to all other kind of property.”-Conand carry his property with him."

gressional Globe, 1858-9, part 2, page 1256.


THE decision or opinion of the Supreme | the Territory any article of property which the Consti. Court of the United States on the question of

tution of the United States recognizes as property.

" The Constitution of the United States recog. Slavery in the Territories, and the power of nizes slaves as property, and pledges the Federal Go. Territorial Legislatures to exclude it, enters sovernment to proiect it. 'And Congress cannot exercise largely into the political questions and discus

any more authority over property of that description,

than it may constitutionally exercise over property of sions of the day, that it becomes desirable to

any other kind. know what the court decided. The following "The act of Congress, therefore, prohibiting a citi. extracts will show the points of greatest impor

zen of the United States from taking with him his slaves

when he removes to the Territory in question to reside, tance in the decision. The case will be found

is an exercise of authority over private property which at length in Vol. 19 of Howard's Reports. The is not warranted by the Constitution, and the removal Opinion of the Court, delivered by Chief Justice of the plaintiff, by his owner, to that Territory, gave

him no title to freedom.” Taney, is preceded by head-notes of the Reporter, intended as a syllabus or epitome of the

Senator Benjamin, of Louisiana, in a speech points decided, and from which we make the

delivered on the 22d of May, 1560, states that following extract (page 395):

this syllabus was prepared and written out by

Chief Justice Taney himself.] The clause in the Constitution authorizing Congress Following these notes we have the opinion to make all needful rules and regulations for the govern

i of the Court, where, after deciding that Con. ment of the territory and other property of the United States, applies only to territory within the chartered gress had no power to prohibit Slavery in a limits of some one of the States when they were Colo- Territory, the chief justice proceeds as follows nies of Great Britain, and which was surrendered by the British Government to the old confederation of the

|(pages 450 and 451) : States, in the treaty of peace. It does not apply to “The powers over person and property of which we territory acquired by the present Federal Government, speak, are not only not granted to Congress, but are in by treaty or conquest, from a foreign nation.

express terms denied, and they are forbidden to exercise The United States, under the present Constitution, them. And this prohibition is not confined to the cannot acquire territory to be held as a colony, to be States, but the words are general, and extend to the governed at its will and pleasure. But it may acquire ter- / whole territory over which the Constitution gives it ritory which, at the time, has not a population that fits power to legislate, including those portions of it remainit to become a State, and may govern it as a Territory ing under territorial government, as well as that co. until it has a population which, in the judgment of Convered by States. It is a total absence of power every. gress, entitles it to be admitted as a State of the Union. where within the dominion of the United States, and

" While it remains a Territory, Congress may places the citizens of a Territory, so far as these rights legislate over it within the scope of its constitutional are concerned, on the same footing with citizens of the powers, in relation to citizens of the United States, and States, and guards them as firmly and plainly against may establish a Territorial Government, and the form of any inroads which the General Government might this local government must be regulated by the discre- / attempt, under the plea of implied or incidental powers. tion of Congress, but with powers not exceeding those And if Congress itself cannot do this-if it is beyond the which Congress itself, by the Constitution, is authorized powers conferred on the Federal Government-it will be to exercise over citizens of the United States, in respect admitted, we presume, that it could not authorize a to their rights of persons or rights of property.

territorial government to exercise them. It could " The Territory thus acquired, is acquired by the copfer no power on any local government established by people of the United States for their common and equal | its authority, to violate the provisions of the Constitution. benefit, through their agent and trustee—the Federal "It seems, however, to be supposed that there is a Government. Congress can exercise no power over the difference between property in a slave and other prorights of persons or property of a citizen in the Terri-perty, and that different rules may be applied to it in tory which is prohibited by the Constitution. The Go- expounding the Constitution of the United States. And vernment and the citizen, whenever the Territory is the laws and usages of nations, and the writings of emi. open to settlement, both enter with their respective nent jurists upon the relation of master and slave, and rights defined and limited by the Constitution.

their mutual rights and duties, and the powers which * Congress has no right to prohibit the citizens of governments may exercise over it, have been dwelt any particular State or States, from taking up their homes | upon in the argument. there, while it permits citizens of other States to do so. " But, in considering the question before us, it must Nor has it a right to give privileges to one class of citi. be borne in mind that there is no law of nations standzens which it refuses to another. The Territory is ac ing between the people of the United States and their quired for their equal and common benefit, and, if open government, and interfering with their relation to each 10 any, it must be open to all upon equal and the same other. The powers of the government, and the rights terms.

of the citizen under it, are positive and practical regu. 6. Every citizen has a right to take with him into lations, plainly written down. The people of the United

States have delegated to it certain enumerated powers, “Now, as we have already said in an earlier part of and forbidden it to exercise others. It has no power this opinion, upon a different point, the right of property over the person or property of a citizen but what the Jin a slave is distinctly and expressly affirmed in the citizens of the United States have granted. And no laws Constitution. The right of traffic in it, like an ordinary ur usages of other nations, or reasoning of statesmen or article of merchandise and property, was guaranteed to jurists upon the relations of master and slave, can en the citizens of the United States in every State that large the powers of the Government, or take from the might desire it, for twenty years. And the Government citizens the rights they have reserved. And if the Con- in express terms is pledged to protect it in all future stitution recognizes the right of property of the master time, if the slave escapes from its owner. This is done in a slave, and makes no distinction between that de in plain words, too plain to be misunderstood. And no scription of property and oiher property owned by a word can be found in the Constitution which gives Con. citizen, no tribunal, acting under the authority of the gress a greater power over slave property, or which United States, whether it be legislative, executive, or entitles property of that kind to less protection than judicial, has a right to draw such a distinction, or deny property of any other description. The only power to it the benefit of the provisions and guaranties which conferred is the power, coupled with the duty, of guardhave been provided for the protection of private ing and protecting the owner in his rights." property against the encroachments of the Government.

IN 1859, the Territorial Legislature of New | neglect of their duties as serva
Mexico passed “An Act to provide for the pro-

sidered as domestic servants to their masters, and they

should correct their neglect and faults ; for as soldiers tection of property in slaves." This act, with

are punished by their chiefs, without the intervention of out, in terms, legalizing Slavery in the Territory, the civil authority, by reason of the salary they enjoy, proceeds at great length and particularity to an equal right should be granted those persons who pay

their money to be served in the protection of their proprotect slave-masters in the possession of their

perty: Provided, That such correction shall not be in. slaves, by enacting severe penalties against ilicted in a cruel manner with clubs or stripes." “stealing” or “enticing” them away, against On the 10th of May, 1860. Mr. Bingham, of “inciting them to discontent" or "insurrec

Ohio, from the Judiciary Committee of the tion,” etc. The spirit of the Act may be

House of Representatives, reported gathered from the following extracts from its

A bill to disapprove and declare null and void all provisions :

Territorial acts or parts of acts, heretofore passed by " SEC. 20.-Any slave who shall conduct himself dis the Legislative Assembly of New Mexico, which establish, * orderly in a public place, or shall give insolent language, protect, or legalize involuntary servitude, or Slavery,

or signs, to any free white person, may be arrested and within said Territory, except as a punishment for crime, taken by such person before a justice of the peace, who, upon due conviction. upon trial and conviction in a summary manner, shall This bill passed the House the same day by cause his constable to give such slave any number of stripes upon his or her bare back, not exceeding thirty- the following vote: nine.

Yeas.-Messrs. Charles F. Adams, Aldrich, Alley, Ash“SEC, 21.- When any slave shall be convicted of any ,

ley, Babbitt, Beale, Bingham, Blair, Blake, Brayton, crime or misdemeanor for which the penalty assigned by

| Buffington, Burlingame, Burnham, Butterfield, Camplaw is in whole or in part the fine of a sum of money,

bell, Carey, Case, Clark B. Cochrane, Colfax, Conkling, the court passing sentence upon him may, in its discre

Covode, Dawes, Delano, Duell, Dunn, Edgerton, Ed. tion, substitute for such fine corporal punishment, or

wards, Eliot, Ely, Farnsworth, Fenton, Ferry, Foster, branding or stripes.

Frank, French, Gooch, Grow, Gurley, Hale, Helmick, "Sec. 24.-Any slave, free negro or mulatto who shall

Hoard, Humphrey, Hutchins, Irvine, Junkin, Francis W. commit or attempt to commit a rape upon the person of

Kellogg, William Kellogg, Kenyon, Kilgore, Killinger, any white woman, shall, upon conviction thereof, suffer

De Witt C. Leach, Lee, Longnecker, Loomis, Lovejoy, death.

Marston, McKean, McKnight, McPherson, Moorhead, "SEC. 25.–The Emancipation of Slaves within this

Morse, Nixon, Olin, Palmer, Perry, Pettit, Porter, Pot. Territory is totally prohibited.”

ter, Rice, Christopher Robinson, Royce, Scranton, Sedg.

wick, Sherman, Somes, Spinner, Sianton, Stevens, WilPEONAGE, OR WHITE SERFDOM.

liam Stewart, Stratton, Tappan, Tompkins, Train, In January, 1859, the Territorial Legislature Trimble, Vandever, Verree, Wade, Waldron, Walton, of New Mexico passed “an act amendatory of

Cadwalader C. Washburn, Elihu B. Washburne, Israel

Washburn, Wells, Wilson, Windom, Wood, and Woodthe law relative to contracts between masters ruff. and servants,” from which we extract the fol

All Republicans, 97. lowing:

I NAYS.-Messrs. Green Adams, ADRAIN, Allen, Thomas "SEC. 1. When any servant shall run away from the L. Anderson, William C. Anderson, Ashmore, Avery, service of his master. he shall be considered as a fugi- Barksdale, Barr, Barrett, Bocock, Bonham, Boyce, tive from justice, and in such case it shall be the duty Branch, Bristor, Burch, Burnett, John B. Clark, Clopof all officers of the Territory, judicial or ministerial, on ton, Cobb, John Cochrane, Cooper, Cox, James Craig, being informed that such persons are within the limits Crawford, Curry, H. Winter Davis, JOHN G. Davis, De of their jurisdiction, to ascertain whether such persons Jarpette, Etheridge, Florence, Garnett, Gartrell, John are runaway servants or not, and if they ascertain that t. Harris, HASKIN, Hawkins, Holman, Houston, Howard, they are, said officers shall immediately arrest them and Hughes, Jackson, Jenkins, Jones, Keitt, Kunkel, Lamar, put them to work at public labor, or hire them out to Landrum, Larrabee, James M. Leach, Leake, Logan, any person, so that they may be employed, with security, Love, Charles D. Martin, McQueen, Miles, Millson, Montuntil their masters shall be informed thereof, in order gomery, Sydenham Moore, Isaac N. Morris, Niblack, that they may demand them, and to whom they shall Pendleton, Peyton, Phelps, Pryor, Pugh, Reagan, Rey. immediately be delivered.

nolds, Riggs, James C. Robinson, Ruffin, SCHWARTZ, “ Sec. 2. Every person of this Territory, either a con Scott, Simins, Singleton, William Smith, Stallworth, Stetracted servant according to the law of contracts, or venson, Stout, Taylor, Thayer, Thomas, Underwood, engaged on trips, or as shepherds, shall be compelled to Vallangdigham, Vance, Webster, Whiteley, Winslow, serve for the time stipulated for in the contract; and Woodson, and Wright-89. any servant eo contracted who shall fail to serve by abandoning his master or property placed under his

Democrats, in roman, 74; Americans, in care, shall be held responsible for all costs and damages which through his neglect may result to the owner. CAPS, 5 ; Independent (Reynolds, in roman), 1; SEC. 4. No Court of this Territory shall have juris

| Republicans (Thayer, in roman), 1. Total, 89. diction nor shall take cognizance of any cause for the correction that masters may give their servants for This bill failed to pass the Senate.

[ocr errors]

that they may damsnart, be informed thereof incury, Love, Charles D


« ZurückWeiter »