Изображения страниц
PDF
EPUB

under them the people of Kansas possess every right, privilege, and immunity, in respect to their internal polity and domestic relations, which the people of Pennsylvania can exercise under their Constitution and laws. Each is invested with full, complete, and exclusive powers in this respect, "subject only to the Constitution of the United States."

only recognizes the right of property in slaves, as stated by the Court, but explicitly states what class of persons shall be deemed slaves, and under what laws or authority they may be held to servitude, and under what circumstances fugitive slaves shall be restored to their owners, all in the same section, as follows:

"No person held to service or labor in one State, under the any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."

The question recurs, then, if the Constitution does estab-laws thereof, escaping into another, shall, in consequence of lish Slavery in Kansas or any other Territory beyond the power of the people to control it by law, how can the conclusion be resisted that Slavery is established in like manner and by the same authority in all the States of the Union? And if it be the imperative duty of Congress to provide by law for the protection of slave property in the Territories upon the ground that "Slavery exists in Kansas" (and consequently in every other Territory) "by virtue of the Constitution of the United States," why is it not also the duty of Congress, for the same reason, to provide similar protection to slave property in all the States of the Union, when the legislatures fail to furnish such protection?

Thus it will be seen that a slave, within the meaning of the Constitution, is a "person held to service or labor in one State, under the laws thereof"-not under the Constitution of the United States, nor by the laws thereof, nor by virtue of any federal authority whatsoever, but under the laws of the particular State where such service or labor may be due.

in the Constitution in order to satisfy the people of the It was necessary to give this exact definition of Slavery South as well as of the North. The slaveholding States would never consent for a moment that their domestic relations and especially their right of property in their slaves should be dependent upon Federal authority, or that Congress should have any power over the subjecteither to extend, confine, or restrain it, much less to pro

Without confessing or attempting to avoid the inevitable consequences of their own doctrine, its advocates endeavor to fortify their position by citing the Dred Scott decision to prove that the Constitution recognizes property in slaves-that there is no legal distinction between this and every other description of property-that slave property and every other kind of property stand on an equal foot-tect or regulate it-lest, under the pretense of protection ing that Congress has no more power over the one than over the other-and, consequently, cannot discriminate

between them.

Upon this point the Court say:

"Now as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution. And if the Constitution recognizes the right of property of the master in a slave, and makes no distinction between that description of property and other property owned by a citizen, no tribunal acting under the authority of the United States, whether it be legislative, executive or judicial, has a right to draw such a distinction, or deny to it the benefit of the provisions and guaranties which have been provided for the protection of private property against the encroachments of the And the government in express terms is pledged to protect it in all future time, if the slave escapes from his owner. This is done in plain words-too plain to be understood. And no word can be found in the Constitution which gives Congress a greater power over slave property, or which entitles property of that kind to less protection than property of any other description. The only power conferred is the power coupled with the duty of guarding and protecting the owner in his rights."

government.

and regulation, the Federal Government, under the influence of the strong and increasing anti-slavery sentiment which prevailed at that period, might destroy the institution, and divest those rights of property in slaves which were sacred under the laws and constitutions of their respective States so long as the Federal Government had no power to interfere with the subject.

In like manner, the non-slaveholding States, while they were entirely willing to provide for the surrender of all fugitive slaves-as is conclusively shown by the unanimous vote of all the States in the Convention for the provision now under consideration-and to leave each State perfectly free to hold slaves under its own laws, and by virtue of its own separate and exclusive authority, so long as it pleased, and to abolish it when it chose, were unwilling to become responsible for its existence by incorporating it into the Constitution as a national institution, to be protected and regulated, extended and controlled by Federal authority, regardless of the wishes of the people, and in defiance of the local laws of the several States and TerriNorthern States united in giving a unanimous vote in the tories. For these opposite reasons, the Southern and recognizes Slavery as a local institution in the several Convention for that provision of the Constitution which States where it exists, "under the laws thereof," and provides for the surrender of fugitive slaves.

The rights of the owner, which it is thus made the duty of the Federal Government to guard and protect, are those expressly provided for in the Constitution, and defined in clear and explicit language by the Court-that "the gov- It will be observed that the term "State" is used in ernment, in express terms, is pledged to protect it (slave this provision, as well as in various other parts of the Conproperty in all future time, if the slave escapes from his stitution, in the same sense in which it was used by Mr. owner." This is the only contingency, according to the Jefferson in his plan for establishing governments for the plain reading of the Constitution, as authoritatively inter- new States in the territory ceded and to be ceded to the preted by the Supreme Court, in which the Federal Gov- United States; and by Mr. Madison in his proposition te ernment is authorized, required, or permitted to interfere confer on Congress power" to institute temporary governwith Slavery in the States or Territories; and in that casements for the new States arising in the unappropriated only for the purpose "of guarding and protecting the lands of the United States," to designate the political owner in his rights" to reclaim his slave property. In all communities, Territories as well as States, within the doother respects slaves stand on the same footing with all minion of the United States. The word "States " is used other property-"the Constitution makes no distinction in the same sense in the ordinance of the 18th July, 1787, between that description of property and other property for the government of the Territory northwest of the river owned by a citizen;" and "no word can be found in the Ohio, which was passed by the remnant of the Congress of Constitution which gives Congress a greater power over the Confederation, sitting in New York while its most emislave property, or which entitles property of that kind to nent members were at Philadelphia, as delegates to the less protection than property of any other description." Federal Convention, aiding in the formation of the ConstiThis is the basis upon which all rights pertaining to slave tution of the United States. property, either in the States or the Territories, stand under the Constitution as expounded by the Supreme Court in the Dred Scott case.

Inasmuch as the Constitution has delegated no power to the Federal Government in respect to any other kind of property belonging to the citizen-neither introducing, establishing, prohibiting, nor excluding it anywhere within the dominion of the United States, but leaves the owner thereof perfectly free to remove into any State or Territory, and carry his property with him, and hold the same subject to the local law, and relying upon the local authorities for protection, it follows, according to the decision of the Court, that slave property stands on the same footing, is entitled to the same rights and immunities, and, in like manner, is dependent upon the local authorities and laws for protection.

The Court refer to that clause of the Constitution which provides for the rendition of fugitive slaves as their authority for saying that "the right of property in slaves is distinctly and expressly affirmed in the Constitution." By reference to that provision, it will be seen that, while the word "slaves" is not used, still the Constitution not

viding for the rendition of fugitive slaves, applicable to In this sense the word "States" is used in the clause proStates, including the Territories as well as the several all political communities under the authority of the United States of the Union. Under any other construction, the right of the owner to recover his slave would be restricted to the States of the Union, leaving the Territories a secure place of refuge for all fugitives. The same remark is applicable to the clause of the Constitution which provides that "a person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on the demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime." Unless the term State, as used in these provisions of the political community under the jurisdiction of the United Constitution, shall be construed to include every distinct States, and to apply to Territories as well as to the States of the Union, the Territories must become a sanctuary for all the fugitives from service and justice, for all the felons and criminals who shall escape from the several States and seek refuge and immunity in the Territories.

not only to the preservation of property, but to the peace of the Territory. It will leave the right to make such police regulations as are necessary to prevent disorder, and which will be absolutely necessary with such properly as that ic secure its beneficial use to its owner. With this brief ex planation I submit the amendment."

Mr. Clay, in reply to Mr. Davis, said:

If any other illustration were necessary to show that the political communities which we now call Territories (but which, during the whole period of the Confederation and the formation of the Constitution, were always referred to as "States" or "new States'), are recognized as "States" in some of the provisions of the Constitution, they may be found in those clauses which declare that "no State" shall enter into any "treaty, alli-ing of the amendment offered by the Senator from Mississippi. ance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post fucto law, or law impairing the obligation of contracts, or grant any title of nobility."

It must be borne in mind that in each of these cases where the power is not expressly delegated to Congress the prohibition is not imposed upon the Federal Government, but upon the States. There was no necessity for any such prohibition upon Congress or the Federal Government, for the reason that the omission to delegate any such powers in the Constitution was of itself a prohibition, and so declared in express terms by the 10th amendment, which declares that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Hence it would certainly be competent for the States and Territories to exercise these powers but for the prohibition contained in those provisions of the Constitution; and inasmuch as the prohibition only extends to the "States," the people of the "Territories" are still at liberty to exercise them, unless the Territories are included with in the term States, within the meaning of these provisions of the Constitution of the United States.

It only remains to be shown that the Compromise Measures of 1850 and the Kansas-Nebraska Act of 1854 are in perfect harmony with, and a faithful embodiment of, the principles herein enforced. A brief history of these measures will disclose the principles upon which they are

Founded.

"I am not perfectly sure that I comprehend he full mean If I do, I think he accomplishes nothing by striking out the clause now in the bill and inserting that which he proposes to insert. The clause now in the bill is, that the Territorial legislation shall not extend to anything respecting African Slavery within the Territory. The effect of retaining the clause as reported by the Coinmittee will be this: That if in any of the Territories Slavery now exists, it shall not be abolished by the Territorial Legislature; and if in any of the Territories Slavery does not now exist, it cannot be introduced by the Territorial Legislature. The clause itself was introduced into the bili by the Committee for the purpose of tying up the hands of the Territorial Legislature in respect to legislating at all, one way or the other, upon the subject of African Slavery. It was intended to leave the legislation and the law of the respective Territories in the condition in which the Act will find them. I stated on a former occasion that I did not, in Committee, vote for the amendment to insert the clause, though it was proposed to be introduced by a majority of the Committee. I attached very little consequence to it at the time, and I attach very little to it at present. It is perhaps of no particular importance whatever. Now, sir, if I understand the measure proposed by the Senator from Mississippi, it aims at the same thing. I do not understand him as proposing that if any one shall carry slaves into the Territoryalthough by the laws of the Territory he cannot take them should be so tied as to prevent it saying he shall not enjoy the there-the Legislative hands of the Territorial government fruits of their labor. If the Senator from Mississippi means to say that "

Mr. Davis:

"I do mean to say it."
Mr. Clay:

"If the object of the Senator is to provide that slaves may be introduced into the Territory contrary to the lex loci, and, being introduced, nothing shall be done by the Legislature to impair the rights of owners to hold the slaves thus brought contrary to the local laws, I certainly cannot vote for t doing so I shall repeat again the expression of opinion which I announced at an early period of the session."

In

Here we find the line distinctly drawn between those who contended for the right to carry slaves into the Territories and hold them in defiance of the local law, and those who contended that such right was subject to the local law of the Territory. During the progress of the discussion on the same day, Mr. Davis, of Mississippi, said:

"We are giving, or proposing to give, a government to a Territory, which act rests upon the basis of our right to make such provision. We suppose we have a right to confer legislate, and are bound not to confer power beyond that which exists in Congress. If we give them power to legislate beyond that, we commit a fraud or usurpation, as it may be done openly, covertly, or indirectly."

To which Mr. Clay replied:

On the 29th of January, 1850, Mr. Clay introduced into the Senate a series of resolutions upon the Slavery question which were intended to form the basis of the subsequent legislation upon that subject. Pending the discussion of these resolutions, the chairman of the Committee on Territories prepared and reported to the Senate, on the 25th of March, two bills-one for the admission of California into the Union of States, and the other for the organization of the Territories of Utah and New Mexico, and for the adjustment of the disputed boundary with the State of Texas, which were read twice and printed for the use of the Senate. On the 19th of April a select committee of thirteen was appointed, on motion of Mr. Foote, of Miss-power. If so, we may mark out the limit to which they may issippi, of which Mr. Clay was made chairman, and to which were referred all pending propositions relating to the slavery question. On the 8th of May, Mr. Clay, from the select committee of thirteen, submitted to the Serate an elaborate report covering all the points in controversy, accompanied by a bill which is usually known as the Now, sir, I only repeat what I have had occasion to say be"Omnibus Bill." By reference to the provisions of this fore, that while I am willing to stand aside and make no legisbill, as it appears on the files of the Senate, it will be lative enactment one way or the other-to lay off the Territo ries without the Wilmot Proviso, on the one hand, with which seen that it is composed of the two printed bills which had I understand we are threatened, or without an attempt to been reported by the Committee on Territories on the introduce a clause for the introduction of Slavery into the 25th of March previous; and that the only material Territories-while I am for rejecting both the one and the change in its provisions, involving an important and es-other, I am content that the law as it exists shall prevail; and sential principle, is to be found in the tenth section, which if there be any diversity of opinion as to what it means, I am prescribes and defines the powers of the Territorial Legis- willing that it shall be settled by the highest judicial authority of the country. While I am content thus to abide the result, I lature. In the bill, as reported by the Committee on Ter- must say that I cannot vote for any express provision recognizritories, the legislative power of the Territories extended ing the right to carry slaves there." to" all rightful subjects of legislation consistent with the Constitution of the United States," without excepting African Slavery; while the bill, as reported by the committee of thirteen, conferred the same power on the Territorial Legislature, with the exception of African Slavery. This portion of the section in its original form read thus:

"And be it further enacted that the Legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the

To which Mr. Davis rejoined, that—

"It is said our Revolution grew out of a preamble; and 1 hope we have something of the same character of the hardy men of the Revolution who first commenced the war with the mother country-something of the spirit of that bold Yankee who said he had a right to go to Concord, and that go he would; and who, in the maintenance of that right, met his death at the hands of a British sentinel. Now, sir, if our right to carry slaves into these Territories be a constitutional right, it is our first duty to maintain it."

Pending the discussion which ensued, Mr. Davis, at the provisions of this act; but no law shall be passed interfering suggestion of friends, modified his amendment from time with the primary disposition of the soil." to time, until it assumed the following shape:

To which the committee of thirteen added these words: Nor in respect to African Slavery." When the bill came up for action on the 15th of May, Mr. Davis, of Mississippi, said:

"Nor to introduce or exclude African Slavery. Provided that nothing herein contained shall be construed so as to prevent said Territorial Legislature from passing such laws as may be necessary for the protection of the rights of property of every kind which may have been, or may be hereafter, conformably to the Constitution of the United States, held in or introduced into said Territory."

"I offer the following amendment. To strike out, in the sixth line of the tenth section, the words in respect to African Slavery,' and insert the words, with those rights of property growing out of the institution of African Slavery as it exists in any of the States of the Union. The object of the amendment is to prevent the Territorial Legislature from legislating the following amendment: against the rights of property growing out of the institution of Slavery. It will leave to the Territorial Legislatures those rights and powers which are essentially necessary,

To which, on the same day, Mr. Chase, of Ohio, offered

"Provided further, That nothing herein contained shall be construed as authorizing or permitting the introduction of

davery or the holding of persons as property within said Teritory."

Upon these amendments-the one affirming the Prodlavery, and the other the Anti-Slavery position, in oppodtion to the right of the people of the Territories to decide the Slavery question for themselves-Mr. Douglas said: "The position that I have ever taken has been, that this, and all other questions relating to the domestic affairs and domestic policy of the Territories, ought to be left to the decision of the people themselves; and that we ought to be content with whatever way they may decide the question, because they have a much deeper interest in these matters than we have, and know much better what institutions suit them than we, who have never been there, can decide for them. I would therefore have much preferred that that portion of the bill should have remained as it was reported from the Committee on Territories, with no provision on the subject of Slavery, the one way or the other. And I do hope yet that that clause will be stricken out. I am satisfied, sir, that it gives no strength to the bill. I am satisfied, even if it did give strength to it, that it ought not to be there, because it is a violation of princi. ple-a violation of that principle upon which we have all rested our defense of the course we have taken on this question. I do not see how those of us who have taken the position we have taken-that of non-intervention-and have argued in favor of the right of the people to legislate for themselves on this question, can support such a provision without abandoning all the arguments which we used in the Presidential campaign in the year 1818, and the principles set forth by the honorable Senator from Michigan (Mr. Cass) in that letter which is known as the 'Nicholson Letter.' We are required to abandon that platform; we are required to abandon those principles, and to stultify ourselves, and to adopt the opposite doctrine and for what? In order to say that the people of the Territories shall not have such institutions as they shall deem adapted to their condition and their wants. I do not see, sir, how such a provision can be acceptable either to the people of the North or the South."

Upon the question of how many inhabitants a Territory should contain before it should be formed into a political community with the rights of self-government, Mr. Doug

las said:

"The Senator from Mississippi puts the question to me as to what number of people there must be in a Territory before this right to govern themselves accrues. Without determining the precise number, I will assume that the right ought to accrue to the people at the moment they have enough to constitute a government; and, sir, the bill assumes that there are people enough there to require a government, and enough to authorize the people to govern themselves.

Your

bill concedes that a representative government is necessarya government founded upon the principles of popular sovereignty and the right of a people to enact their own laws; and for this reason you give them a Legislature composed of two branches, like the Legislatures of the different States and Territories of the Union. You confer upon them the right to legislate on all rightful subjects of legislation,' except negroes. Why except negroes? Why except African Slavery? If the inhabitants are competent to govern themselves upon all other subjects, and in reference to all other descriptions of property-if they are competent to make laws and determine the relations between husband and wife, and parent and child, and municipal laws affecting the rights and property of citizens generally, they are competent also to make laws to govern themselves in relation to Slavery and negroes."

With reference to the protection of property in slaves, Mr. Douglas said:

[ocr errors]

|

Which was rejected-Yeas, 23; Nayя, 83.

After various other amendments had been offered and voted upon-all relating to the power of the Territorial Legislature over Slavery-Mr. Douglas moved to strike out all relating to African Slavery, so that the Territorial Le gislature should have the same power over that question as over all other rightful subjects of legislation consistent with the Constitution-which amendment was rejected. After the rejection of this amendment, the discussion was renewed with great ability and depth of feeling in respect to the powers which the Territorial Legislature should exercise upon the subject of Slavery. Various propositions were made, and amendments offered and rejected-all relating to this one controverted point-when Mr. Norris, of New-Hampshire, renewed the motion of Mr. Douglas, to strike out the restriction on the Territorial Legislature in respect to African Slavery. On the 31st of July this amendment was adopted by a vote of 32 to 19-restoring this section of the bill to the form in which it was reported from the Committee on Territories on the 25th of March, and conferring on the Territorial Legislature power over "all rightful subjects of legislation consistent with the Constitution of the United States," without excepting African Slavery.

Thus terminated this great struggle in the affirmance of the principle, as the basis of the Compromise Measures of 1850, so far as they related to the organization of the Territories, that the people of the Territories should decide the Slavery question for themselves through the action of their Territorial Legislature.

This controverted question having been definitely settled, the Senate proceeded on the same day to consider the other portions of the bill, and after striking out all except those provisions which provided for the organization of the Territory of Utah, ordered the bill to be engrossed for a third reading, and on the next day-August 1, 1850—the bill was read a third time, and passed.

On the 14th of August the bill for the organization of the Territory of New-Mexico was taken up, and amended so as to conform fully to the provisions of the Utah Act in respect to the power of the Territorial Legislature over "all rightful subjects of legislation consistent with the Constitution," without excepting African Slavery, and was ordered to be engrossed for a third reading without a division; and on the next day the bill was passed-Yeas, 27; Nays, 10.

These two bills were sent to the House of Representatives, and passed that body without any alteration in respect to the power of the Territorial Legislatures over the subject of Slavery, and were approved by President Fillmore, September 9, 1850.

In 1852, when the two great political parties-Whig and Democratic-into which the country was then divided, assembled in National Convention at Baltimore for the purpose of nominating candidates for the Presidency and Vice-Presidency, each Convention adopted and affirmed the principles embodied in the Compromise Measures of 1850 as rules of action by which they would be governed in all future cases in the organization of Territorial governments and the admission of new States.

On the 4th of January, 1854, the Committee on Territo"I have a word to say to the honorable Senator from Mis-ries, of the Senate, to which had been referred a bill for sissippi (Mr. Davis). He insists that I am not in favor of pro- the bill back, with an amendment, in the form of a substithe organization of the Territory of Nebraska, reported tecting property, and that his amendment is offered for the purpose of protecting property under the Constitution. Now, tute for the entire bill, which, with some modifications, is sir, I ask you what authority he has for assuming that? Do I now known on the statute book as the "Kansas-Nebraska not desire to protect property because I wish to allow the Act," accompanied by a Report explaining the principles people to pass such laws as they deem proper respecting upon which it was proposed to organize those Territories, their rights to property without any exception? He might just as well say that I am opposed to protecting property in as follows: merchandise, in steamboats, in cattle, in real estate, as to say that I am opposed to protecting property of any other description; for I desire to put them all on an equality, and allow the people to make their own laws in respect to the whole of them."

Mr. Cass said (referring to the amendments offered by Mr. Davis and Mr. Chase):

"Now, with respect to the amendments. I shall vote against them both; and then I shall vote in favor of striking out the restriction in the bill upon the power of the Territorial governments. I shall do so upon this ground. I was opposed, as the honorable Senator from Kentucky has declared he was, to the insertion of this prohibition by the Committee. I consider it inexpedient and unconstitutional. I have already stated my belief that the rightful power of internal legislation in the Territories belongs to the people."

After further discussion the vote was taken by yeas and nays on the amendment of Mr. Chase, and decided in the negative: Yeas, 25; Nays, 30. The question recurring on the amendment of Mr. Davis, of Mississippi, it was also rejected: Yeas, 25; Nays, 30. Whereupon Mr. Seward offered the following amendment:

"Neither Slavery nor involuntary servitude, otherwise han by conviction for crime, shall ever be allowed in either of sald Territories of Utah and New Mexico.

"The principal amendments which your Committee deem it their duty to commend to the favorable action of the Senate, in a special report, are those in which the principles established by the Compromise Measures of 1850, so far as they are applicable to territorial organizations, are proposed to be affirmed new Territory. The wisdom of those measures is attested, and carried into practical operation within the limits of the not less by their salutary and beneficial effects in allaying sectional agitation and restoring peace and harmony to an irritated and distracted people, than by the cordial and almost universal approbation with which they have been received and sanctioned by the whole country.

"In the judgment of your Committee, those measures were intended to have a far more comprehensive and enduring effect than the mere adjustment of the difficulties arising out of the recent acquisition of Mexican territory. They were designed to establish certain great principles, which would not time to come, avoid the perils of a similar agitation, by withonly furnish adequate remedies for existing evils, but, in all drawing the question of Slavery from the Halls of Congress and the political arena, and commtiting it to the arbitrament of those who were immediately interested in and alone responsiaction to the settled policy of the Government, sanctioned by ble for its consequences. With a view of conforming their the approving voice of the American people, your Committee have deemed it their duty to incorporate and perpetuate, in their territorial bill, the principles and spirit of those

measures."

After presenting and reviewing certain provisions of the of Congress, and became the law of the land by the ap bill, the Committee conclude as follows: proval of the President, May 30, 1854.

[blocks in formation]

First.-That all questions pertaining to Slavery in the Territories, and in the new States to be formed therefrom, are to be left to the decision of the people residing therein, by their appropriate representatives to be chosen by them for that purpose. "Second. That all cases involving title to slaves and questions of personal freedom, are referred to the adjudication of the local tribunals, with the right of appeal to the Supreme Court of the United States.

In 1856, the Democratic party, assembled in National Convention at Cincinnati, declared by a unanimous vote of the delegates from every State in the Union, that

"The American Democracy recognize and adopt the principles contained in the organic laws establishing the Territories of Kansas and Nebraska as embodying the only sound and safe solution of the Slavery question,' upon which the great national idea of the people of this whole country can repose in its determined conservatism of the Union-noninterference by Congress with Slavery in State and Territory, or in the District of Columbia; "Third.-That the provision of the Constitution of the "That this was the basis of the Compromises of 1850, conUnited States in respect to fugitives from service, is to be car-firmed by both the Democratic and Whig parties in National ried into faithful execution in all the organized Territories, the Conventions-ratified by the people in the election of 1852same as in the States. The substitute for the bill which your and rightly applied to the organization of the Territories in Committee have prepared, and which is commended to the 1854; That by the uniform application of this Democratic favorable action of the Senate, proposes to carry these pro- principle to the organization of Territories and to the admispositions and principles into practical operation, in the precise sion of new States, with or without domestic Slavery as they language of the Compromise Measures of 1850." may elect, the equal rights of all will be preserved intact-the original compacts of the Constitution maintained inviolateand the perpetuity and expansion of this Union insured to its utmost capacity of embracing in peace and harmony any future American State that may be constituted or annexed with a Republican form of government."

By reference to that section of the "Kansas-Nebraska Act" as it now stands on the statute book, which prescribed and defined the power of the Territorial Legislature, it will be seen that it is, "in the precise language of the Compromise Measures of 1850," extending the legislative power of the Territory "to all rightful subjects of legislation consistent with the Constitution," without excepting African Slavery.

It having been suggested, with some plausibility, during the discussion of the bill, that the act of Congress of March 6, 1820, prohibiting Slavery north of the parallel of 86° 30' would deprive the people of the Territory of the power of regulating the Slavery question to suit themselves while they should remain in a Territorial condition, and before they should have the requisite population to entitle them to admission into the Union as a State, an amendment was prepared by the Chairman of the Committee, and incorporated into the bill to remove this obstacle to the free exercise of the principle of popular sovereignty in the Territory, while it remained in a Territorial condition, by repealing the said act of Congress, and declaring the true intent and meaning of all the friends of the bill in these words:

"That the Constitution and all laws of the United States which are not locally inapplicable, shail have the same force and effect within the Territory as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which being inconsistent with the principle of non-interven: tion by Congress with Slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the Compromise Measures,' is hereby declared inoperative and void it being the true intent and meaning of this act not to legislate Slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.

In accepting the nomination of this Convention, Mr Buchanan, in a letter dated June 16, 1856, said:

"The agitation on the question of domestic Slavery has too long distracted and divided the people of this Union, and alienated their affections from each other. This agitation has assumed many forms since its commencement, but it now from its present character, I think we may safely anticipate seems to be directed chiefly to the Territories; and judging that it is rapidly approaching a finality.' The recent legislation of Congress respecting domestic Slavery, derived, as it has been, from the original and pure fountain of legitimate political power, the will of the majority, promises, ere long, to allay the dangerous excitement. This legislation is founded accordance with them has simply declared that the people of a upon principles as ancient as free government itself, and in Territory, like those of a State, shall decide for themselves whether Slavery shall or shall not exist within their limits."

This exposition of the history of these measures shows conclusively that the authors of the Compromise Measures of 1850, and of the Kansas-Nebraska Act of 1854, as well as the members of the Continental Congress of 1774, and the founders of our system of government subsequent to the Revolution, regarded the people of the Territories and Colonies as political communities which were entitled to a free and exclusive power of legislation in their Provincial Legislatures, where their representation could alone be preserved, in all cases of taxation and internal polity. This right pertains to the people collectively as a lawabiding and peaceful community, and not to the isolated individuals who may wander upon the public domain in violation of law. It can only be exercised where there are inhabitants sufficient to constitute a government, and capable of performing its various functions and duties-a fact to be ascertained and determined by Congress.

To which was added, on motion of Mr. Badger, the fol- Whether the number shall be fixed at ten, fifteen or lowing:

"Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of the sixth of March, 1820, either protecting, establishing, of abolishing slavery."

In this form, and with this distinct understanding of its "true intent and meaning," the bill passed the two houses

twenty thousand inhabitants does not affect the principle. The principle, under our political system, is that every distinct political Community, loyal to the Constitution and the Union, is entitled to all the rights, privileges, and immunities of self-government in respect to their local concerns and internal polity, subject only to the Constitution of the United States.

NATIONAL POLITICS

SPEECH OF ABRAHAM LINCOLN, OF ILLINOIS.

Delivered at the Cooper Institute, Monday, Feb. 27, 1860.

MR. PRESIDENT AND FELLOW-CITIZENS OF NEW-YORK: The facts with which I shall deal this evening are mainly old and familiar; nor is there anything new in the general use I shall make of them. If there shall be any novelty, it will be in the mode of presenting the facts, and the inferences and observations following that presentation.

In his speech, last autumn, at Columbus, Ohio, as reported in "The New York Times," Senator Douglas said:

"Our fathers, when they framed the Government under which we live, understood this question just as well, and even better than we do now."

I fully indorse this, and I adopt it as a text for this discourse. I so adopt it because it furnishes a precise and an agreed starting point for a discussion between Republicans and that wing of Democracy headed by Senator Douglas. It simply leaves the inquiry: "What was the understanding those fathers had of the question mentioned ?"

What is the frame of Government under which we live?

The answer must be: "The Constitution of the United States." That Constitution consists of the original, tramed in 1787 (and under which the present Governmen: Arst went into operation), and twelve subsequently framed amendments, the first ten of which were framed in 1789.

Who were our fathers that framed the Constitution? I suppose the "thirty-nine" who signed the original instrument may be fairly called our fathers who framed that part of the present Government. It is almost exactly true to say they framed it, and it is altogether true to say they fairly represented the opinion and sentiment of the whole nation at that time. Their names, being familiar to nearly all, and accessible to quite all, need not now be repeated.

I take these" thirty-nine," for the present, as being 46 our fathers who framed the Government under which we live."

What is the question which, according to the text, those fathers understood just as well, and even better than we do now?

It is this: Does the proper division of local from federal authority, or anything in the Constitution, forbid our Federal Government to control as to Slavery in our Federal Territories?

Upon this, Douglas holds the affirmative, and Republicans the negative. This affirmative and denial form an issue; and this issue-this question-is precisely what the text declares our fathers understood better than we. Let us now inquire whether the "thirty-nine," or any of them, ever acted upon this question; and if they did, how they acted upon it-how they expressed that better understanding.

In 1784-three years before the Constitution-the United States then owning the Northwestern Territory, and no other-the Congress of the Confederation had before them the question of prohibiting Slavery in that Territory; and four of the "thirty-nine," who afterward framed the Constitution were in that Congress, and voted on that question. Of these, Roger Sherman, Thomas Mifflin, and Hugh Williamson voted for the prohibition-thus showing that, in their understanding, no line dividing local from federal authority, nor anything else, properly forbade the Federal Government to control as to Slavery in Federal Territory. The other of the four--James McHenry-voted against the prohibition, showing that, for some cause, he thought it improper to vote for it.

In 1787, still before the Constitution, but while the Convention was in session framing it, and while the Northwestern Territory still was the only Territory owned by the United States-the same question of prohibiting Slavery in the Territory again came before the Congress of the Confederation; and three more of the "thirty-nine" who afterward signed the Constitution, were in that Congress, and voted on the question. They were William Blount, William Few and Abraham Baldwin; and they all voted for the prohibition-thus show ing that, in their understanding, no line dividing local from federal authority, nor anything else, properly forbids the Federal Government to control as to Slavery in federal territory. This time the prohibition became a law, being part of what is now well known as the Ordinance of '87.

The question of federal control of Slavery in the Territories, seems not to have been directly before the Convention which framed the original Constitution; and hence it is not recorded that the "thirty-nine," or any of them, while engaged on that instrument, expressed any opinion on that precise question.

In 1789, by the first Congress which sat under the Constitution, an act was passed to enforce the Ordinance of '87, including the prohibition of Slavery in the Northwestern Territory. The bill for this act was reported by one of the "thirty-nine," Thomas Fitzsimmons, then a member of the House of Representatives from Pennsyl vania. It went through all its stages without a word of opposition, and finally passed both branches without yeas and nays, which is equivalent to a unanimous passage. In this Congress there were sixteen of the "thirty-nine" fathers who framed the original Constitution. They were John Langdon, Nicholas Gilman, Wm. S. Johnson, Roger Sherman, Robert Morris, Thomas Fitzsimmons, William Few, Abraham Baldwin, Rufus King, William Patterson, George Clymer, Richard Bassett, George Read, Pierce Butler, Daniel Carroll, James Madison.

This shows that, in their understanding, no line dividing local from federal authority, nor anything in the Constitution, properly forbade Congress to prohibit Slavery in the federal territory; else both their fidelity to correct principle, and their oath to support the Constitution, would have constrained them to oppose the prohibition.

Again, George Washington, another of the "thirtynine," was then President of the United States, and, as such, approved and signed the bill, thus completing its validity as a law, and thus showing that, in his understanding, no line dividing local from federal authority, nor anything in the Constitution, forbade the Federal Government, to control as to Slavery in federal territory.

No great while after the adoption of the original Constitution, North Carolina ceded to the Federal Government the country now constituting the State of Tennessee; and a few years later Georgia ceded that which now constitutes the States of Mississippi and Alabama. In both deeds of cession it was made a condition by the ceding States that the Federal Government should not prohibit Slavery in the ceded country. Besides this, Slavery was then actually in the ceded country. Under these circumstances, Congress, on taking charge of these countries, did not absolutely prohibit Slavery within them. But they did interfere with it-take control of it-even there, to a certain extent. In 1798, Congress organized the Territory of Mississippi. In the act of organization they prohibited the bringing of Slaves into the Territory, from any place

« ПредыдущаяПродолжить »