Newspaper Page Text
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JOHN V. CHBISTYf)
- w . V EDITOR. k
SSYSTaiO If© 33B^r§, a»©iil-ia®§, MI© 8KQB!BM» HSffJBiLMtBiKBSB.
L & 1
(T. M. L.MIFKIN & U. J. ADAMS
l ruoraiEToaa and rcausmcM
NEW SERIES—YOL. ffl., NO. 37.
ATHENS, THURSDAY, MARCH 14, 1850. ***********
. ' ■ " - iJ •
VOLUME XVII. NUMBER 49
Selected Jpoetrjj.
I WOULD NOT l
always!
. wVTItcrr. con*doun of frailty, the lonely heart it
Where Tuna, o'er the rnin of age* i* swelling
A nijht dirge, unbidden, ere day-break rcturi
.wi
d„
Where .. ■ifiuire "f
And tempests are piercing tbe dark midnight air.
I would not lire always! Life’s scenes of commotion, i •
Deceit and corruption iu eril control, j P erctl '
Upbraiding the penitent tear of devotion, I «—l
Requite not the yearnings a'lied to my soul
I would not live always! Devotedly I cherish
The wild roving thought that would waft me away,
From mocking delusions and day stars that perish.
Vain pleasures receding, and hopes that betray.
I would not lire always! My bosom’s deep anguish
match, but the daughter was
swords’ points with every member of
the family, her husband included. Bul-
wer bore her * incompatibility* as long
as he could, in form, aud finally bought
a beautiful bouse, in the country, not
far from London, furnished it exquisite
ly, and, suplying "her every earthly
want, except his own society, left her to
expend her eccentricities on her dogs,
which, to the number ot upwads of a
were her companions. Inpoiutof
physical strength.Mr. Bulwer wgs much
the weaker ofthe two, and, it was wbis-
often made to feel it.*”
(merely the soil, but by the express
\ terms, the sovereignty and jurisdiction.
She did more. She stipulated for the
SPEECH OF 23R. BERRIEN, ' organization of territorial Governments
or Georgia, j within those Territories. This was
On Mr. Clay's Proposed Compromise.! iherefore sufficient authority for estab-
i fishing Territorial Governments in the
continued. | Territories of Mississippi, Alabama and
But, sir, speaking generally, almost j*n Tennessee, which was Territory ced-
universallv wars are terminated by; ed from North Carolina to the United
treaty, and the conquests are transfer- States, and was in like condilion.
red to the acquiring power by cession. 1 Then there remains the other class
The real source and origin ot this power, of territorial governments, organized
therefore, are to be found in the treaty- i u P on territory acquired by the United
$l)e Cjumorist.
Mild fain be delivered
My heart for it* haven of refuge doth languish,
- "More yielding in Warfare, le*» patient within.
I would not live at way.*! Strange vision* do clui
And Time'iliallowed token* are vanishing fa- .
Where ri*e« the dav-beani of undoubted lustre,
My (pint would wonder, from darkness released.
livo always! Utougli joyance and pleasi
Calling a Witness.
i One o! ihe Judges of the Supreme
| Court ol Louisiana, held a court lately
i at Si. Francisville, to attend to some lo-
jcal business. Among the cases that
iking power and
ighi be implied a:
dent to the power u
it is more genera
express stipulation:
of that power,
stood by a brief e>
the application of it
By i he power
enter into treaiies v
derivatives.
And loosen the manifold prompting* ofpeaci
1 would not live always! since left in sadness.
Bereaved and forsaken, in -iilence to mourn;
>uls in*
camc up was a protested drafi,
. upon which the whole question of the
j laws of exchange came up. The law-
i yers made their points, which was duly
! noted by ihe Court, who being through
j the case, his honor called to the Sber-
j iff—“ Is Chilly iri Court?” “Chilly,”
said the perplexed officer, “who is be ?”
“Oh,” snid the Judge, smiling, “ I
meant Citiy’s bill; please inquire Mr.
Sheriff.” That officer, as much puzzled
as ever, being unwilling to trouble his
honor with lurlher questions, marched
O ! 70 shades, that encampan my dwelling I to „ ie door of the Court House, where
hlv alliance; ye vainly invite . . , , , . . , ’
t dovotioo. while antliem* are swelling i With a IOU(! VO'Ce and in due form J1C
bawled out, “Chitty’s Bill**—■•• Chilly*
Bill”—■“ Chilly’s Bill,”—under the in
pression that it was Mr. Chitty’s black
man Bill who was wanted in Court.—
An uproar of merriment at this
take, convulsed the members of the
Would fainly
Kay ! I would not live always, where freed s
Tbeir star-light of promise, 'oeath hcai
furl’d:
of spirit.
rapture, a
r, and happier world
That waken to glory tl
a light
Ulisrcllann.
Tbe Invcutlon of this Age. ,
sp, • • r ... . j bar, which all their respect for the Shcr-
This is the age of great discoveries ; /r ,l„ p f •, \ .
-n mi.„ -..:i ......i t..» '“» n,,d lhe Court failed to suppress.
in all directions. The fail-road has be
come the magician’s rod, the electric
telegraph a wireol wonders, and ether
and chloroform mysterious alchemic*.
A,tooth can be extracted, a leg cut off,
an incision made into the most sensitive
parts, and the patient at the close ask
if the operation had begun. Speeches
uttered at ten o’clock at night are print
ed while we are asleep, and they ap-
^ pear in beautiful type, on our hrenkfast
table at eighty o’clock in the morning.—
The rapidity-with which change fol
lows change is also rcmarknble. Things
that took a century to do some time ago,
are now finished off in the course of a
day. A new feature, however, is, that
men cease to be afraid, ns they used to
be, of the discoveries of science. Reli
clous men, on ihe contrary, hail them.
They used to be in fear lest light from
the stars should put out the suit of
righteousness; they used to be appre
hensive lest the hammer qf the geolo
gist should break the rock of uges, or
lest some arrangement among the stra
ta of the- earth, discovered by some
Buckland, should discredit the trut.i of
God. Do not be afraid ol the discove
ries of science ; do not stand in the way
oT rruth with your silly fears. Let it
comer from the laboratory of the chemist;
let it descend from the observatory of
tbe astronomer; it -will fall in with nod
not darken the truth of the gospel.
Another interesting feature is, that
mind, genius, and talent are much more
Ver
Affecting.—A sentime
youth having seen a young damsel shed-
over something in her lap,
took ihe first opportunity to be intro
duced lo her, and made no doubt that
a congenial spirit. “ What
work is it that affected you so much ihe
ilhor morning? ] saw you shed a great
nany tears. Was it Bulwer’s last? 1 '
• I don’t know what Bulwer’s last is, 1
returned she, “ but I assure you I was
doing a job that almost killed me.
was peelitig onions.”
It, b!i
ri-igani
s from foreign powers, apd for the or-
n of governments, mthin those
but \ territories it was always competent to: pose of exercising the powers just then j existed and
the result of j lbe United Slates to d° whatever
i inade in the exer- necessary for the fulfilment of its treaty
I shall be under- i stipulations, which, by theactofratifiea-
planation, and by ! l * on « became the supreme law ofthe land,
to the case before 1 1 suggest to you, then, sir, that this
' ' you have to alone furnishes a sufficient explanation,
1 without resorting to the supposition that
our ancestprs did not anticipate tbe fu-
extension of the limits of the Re
public, why there was no express pow
er to organize Territorial Gpvernments
contained in the constitution—namely,
that the grant of such power was wholly
unnecessary; that with regard to the
unlocated Territory of the United States,
that which was within the limits at tbe
time of the formation of the constitu
tion, it was competent for the Govern
ment ofthe United to establish Govern
ments by virtue ofthe transfer of the
sovereignty of Virginia, and the recog
nition of ihe validity of that transfer as
an engagement of ihe former Govern
ment by the constitution ofthe United
States; that in relation to territory
within the limits of particular States,
the same power was acquired by the
th foreign nations, l
have acquired this Mexican territo-
ll it were indispensable to you
to resort to the principle that the right
acquire gives you the right. to gov-
u, I agree that the right might be de
duced from that score. But this is not
necessary, for there is in the treaty an
express stipulation for the exercise of
the power, which is equivalent to a
grant, under which we are not only au
thorized, but bound to exercise it, since
treaties, when they are not.in conflict
with the constitution, and when they are
ratified by the competent authorities of
the nation, become the supreme law of
the land. In those treaties—in all of
lliqsa which are treaties of cession—the
right to receive the ceded territories is
accompanied by the express stipulation
lo govern, by the stipulation to protect
them in their persons and in their prop
erty, which can alone be done by gov
ernment. The power, then, to govern
a territory which is acquired by cession
of a foreign nation, is a power deduced
from the treaty by which that territory
is acquired; which treaty upon ratifi
cation, becomes the supreme law of the
land.
And now, sir, J think you may see
what is tbe reason that there is no ex
press grant in the constitution to organ
ize Territorial Governments. That
reason may be found in ihe fact that
there was no necessity for itsjexisleoee
there. Cast your recollection back to
the period when the constitution
fined lo foreign commerce, but applied ! for the denial to the South of the right of the influence (I have no doubt uncon-
lo the interior commerce of the States; | which I am asserting—that of removing j sciously) operating upon the minds o!
and, in passing that act, there was an : into those TerritoYies with their proper- j the judges who rendered them, from
express reservation, showing the in- ty of every description. their own particular opinions, of tbo
lention of Congress to confine them- I will make a brief remark upon unlawfulness of slavery. What is the
selves to the exercise of the commercial! each of those propositions. The first j principle laid down then? It is this,
power; to forbid the importation of‘ of them is that slavery exists by force namely, that a negro or slave, when be
slaves into those Territories for the 1 of positive law, and consequently can ' escapes from his master and comes with-
purpose of sale, and not to prohibit their! only exist within the limits of the State _ in the State of Massachusetts or Con-
introduction by and for the use of the 1 enacting that law. Mr. President, I re- necticut, is to be delivered up in obedi-
emigrant. That right is reserved.-:—! ally feel some hesitation in yielding to encc to the constitutional provision oo-
The right of the settler to emigrate the belief that it is necessary, in the; the subject of fugitive slaves; but that
there with his slaves is expressly al-! presence of the American Senate, to re- ; a slave who comes with that master,
lowed. The acts of 1S07, ISOS and peat that this proposition is utterly un- who is voluntarily brought within their
1809, every body will at once under-1 founded in historical fact. There was • limits by his master, although not for
stand, were acts passed for the pur-; not a British colony in which slavery j the purpose of residence, but transient-
pose of exercising the powers just then j existed and into which it was iytroduc-; ly passing,, through that State in the ex-
relieved from the fetters which the con-jed by authority of law. Slavery ex-fOrcise of his right as an American citi-
stilution had imposed upon Congress, j isted in every one of the British Ameri-' zen—that such slave is instantly eraan-
restraining it from inhibiting the for-j can colonies, without being sustained 1 cipated from the- bonds of slavery in
eign slave trade. I by statute. Statute laws can be found which he is hold in the Slate in which
The next thing to which we are fre- regulating a pre-existing slavery ; but his owner dwells..
statute laws cannot be found authoriz- Now, sir, when it becomes necessary,
ing its introduction. What then?— when an opportunity is offered, I desire
Slavery does not depend upon statute | that that question should be decided by
laws, because it existed before there ! the supreme tribunal in the United States,
were any such laws authorizing its ex- ! I agree that Massachusetts has a right,
istence. ' as a sovereign Sjpte, to prohibit slavery
In ‘Massachusetts slavery existed at there, and she has a right to prevent
a very early period without any statuie any person from coming aud settling
authorizing it. Nay, slavery in Massn- there with slaves ; but that she has a
chusetts was not confined to Africans. j right to seize slaves of persons of the
The. aborigines of tbe country -were re- ! United States, passing transiently
duced aud held in slavery, and
shipped from their ports and sold n
sfer of the sovereignty
of the ceding States. And with
gard to such territory as should be ac
quired from foreign nations, it was com
petent to the Government of the United
States to establish Territorial Govern
ments in virtue of treaty stipulations
which they were authorised to make
and bound to execute.
I have endeavored to show, sir, that
the power which it is proposed to exer*
cise, and the exercise of which these
iolutions contemplate—the power to
qqently referred in discussion here,
tbe Missouri compromise. That com
promise, we are told, was sustained by
Southern as well as Northern men;;
that it was an admission of the power
of this Government to inhibit the intro
duction of slavery into the territories,
because, by it, slavery, is inhibited
north of the prescribed line'; and that
the power to prohibit it in any portion
of the territory is. the admission .of
the power to prohibit it in all territory.
Mr. President, in relation to this sub
ject, I take it for granted, (I was almost
about to say) that gentlemen who use
that argument .do not deceive them
selves into a belief that the power which
as exercised in the Missouri corapro-
iise, was understood by those who
sustained it to be in any sense within
the constitution. In what was consid
ered a great crisis, menac : ng dangers of
a serious nature, they felt that they
were authorized, under the pressure of
the occasion, to assume tbe power
which they exercised, relying upon the
good sense, intelligence and patriotism
ofthe people, to justify the assumption— j colony. It was a government ol trus-
a power which the constitution did not tees, instituted for liberal, charitable,
confer, and which they had no specific and benevolent purposes, for a long
authority to exercise. In other words, j time resisting the introduction of slaves,
sir, I consider that the Missouri compro-j under the belief that the labor which
raise was admitted under the infiuence j they wished to carry on could be more
through her limits, is a right which can-
be admitted until it is affirmed by
slaves. How then ? If this depended j a higher tribunal than that by which it
upon the law of Massachusetts, was j has been decided.
there any such law which authorized! Mr. President, the true proposition as
the reduction of Indians to slavery, the ! I apprehend, is this ; Slavery exists in
transportation of them to the West In-1 the Slate in which the owner dwells—
dies, and the sale of them there? If j it exists out of the Slate in which . the
there were, did the vendors mean to j owner dwells—once existing, it exists
receive the purchase money for proper- i everywhere until it comes within the
ty which, neither under their own laws | limits of a sovereignty which inhibits
nor under any other, they had a right j it. I will not trouble the Senate with
to hold? To prove this, sir, consult! reference to authorities ; but the propo-
their own writers. j sition is so well laid down by the su^*
In my mvn Stme slavery di.l not es- j P re | ne c °a« ■ffi.L.ouisiana, that l pre-
the lime of the settlement of the
ofthe principle talus publica supremaltx. j advantageously conducted by white
It is a principle upon which, des
prohibit slavery hi ‘ the Territories—is always, as far as it may be in my pow-
- which can be defied from er, to keep within tnq •mOior.ity ol the
either ofthe sources which I buvestated,
and that there is no just decision orleg-
An act of the Irish Parliament in
17S4 on the subject of franking, con
tained the following legislative bull:—
“ That should a member be unable to
write, he may authorize another person
to frank for him, provided that on the
buck of the letter so franked, the mem
ber gives a certificate, under his hand, of
his inability to Write.”
adopted—consider what were the ob- j islalive precedent in the organization
jects upon which this power to organize ; of Territorial Governments which will
Territorial Governments could be ex- sustain the exercise of such a power,
[ercised. They were, first, the un local- j Bui, sir, it is attempted to rest this
ed territory of the United States. And ; assumption of authority upon certain
what was that ? The great Norlh-Wes- ■, legislative precedents unconnected with
tern Territory, the subject of the fa- ihe organization of the Territorial Gov-
mous ordinance of 1787. Now. in re- ernmeuts. It is said that Congress can
spect to that territory, it was a portion : prohibit slavery in the Territories in
ot'ihe Slate of Virginia, subject to the ihe organization of Territoriail Govern-
sovereign Jaw of Virginia. While Vir-! meats, and that they have already ex-
ginia held if, it was competent for her • cruised this power in several instances,
to organize a government there; and j The first which I have seeo stated is
when the sovereignty of Virginia was ; the act of 1798, forbidding life impor-
transferred to the Confederation, if the ■ lation of slaves into the Mississippi Ter-
constilution, I should not hesitate to
stake myself in a case like that which
then presented, or like that which
ow presented. While I believe,
with all the earnestness and all the
force of conviction which my mind is
pable of entertaining, that Congress
possesses no such power as that which
is claimed, yet, if I could see a pros
Knowledge.—Knowledge, says Lord
Bacon, is not a couch whereon to rest
a searching and restless spirit, or a ter
race for a wandering and variable mind
lo wulk up aud down with a fair pros
pect, or a tower of state for a proud
mind to raise itself upon, or a sort of
commanding ground for strife and
appreciated in the present day, under I tention, or a shop for profit or sale,
whatever guise, or garb, or denomina- but a rich storehouse for the glory of
tkm they appear. Galileo saved bis the Creator, and the relief of man’s es-
life by recanting the conclusive in-! rate.
ductinns of science. Locke was ban- J . ~; : ,
Ubed from Oxford ; Selden was thrown , A VI r OL . BXT a, ™y s lhe re ’
into the Tower; Milton sold his copy- su l ignorance; for there is not
right of “Paradisee Lost” for fi ve I a dau S« ,e [ of Eve that has merit enough
pounds. In contrast with this, it is on- l°J u t s *»y * romantic love, though thou-
Jy needful to refer to the immense sums ! fands inspire that gentle esteem which
received for their writings by Scott, j is mfimtely better. A woman wor-
Dickcns, Macaulay, etc. Such is 1 h e |« h, PP cr . an ‘ I a woman-hater both derive
force of real genius, that it will publish - tbeir mistakes from an ignorance ofthe
itself, though its possessor should be j fema,e worW i torjfihe characters m
dotnh, and commanfftbe homage of all, women were generally understood, they
while it appears io be the willing ser-j wo ! ,,d be found J°° lo be haled »
▼mot of ail. Once it had no chance ol] and y el n ° l £°° d enough to be idolized,
emeiping from obscurity except by be-1 Praisb is a debl
we owe unto the
ffig t.rd io some great pairtm's in,I— virlueJ ol oth anll duc untoour ow „
Wopr. the ooblesl patronage w fan op-! rr „ mul , whoni roalioe balh „n, ma.le
portuouj. Mind j. admiueil to-be a j muteS( „ r envy struck dumb Sir
component element of true greatness., Thoma , Browne.
Coronets, prebends, purple robes and; —
lawn sleeves, M. A.’s and D, D.*s are j Leisure js a- very pleasant garment
* and more felt to be mere wrap- ■ to look at, but it is a very bad
page; while the goods are in the inner] wear. The ruin of millions maybe
iDan, tho substance is the soul.—Scicn- > traced te it.
fific American,
federation had had the po’
e the transfer,the sovereignly which j
had been heretofore in Virginia might
have been exercised by the Confedera-
There is, I presume, scarcely a
lawyer,of the present day who supposes
that the Congress of the Confederation
had the power to do what they did.
But validity was given to their act—not
by the act of Congress adapting the
mere agency provided by tlie ordinance
to the state of things which existed un
der the new constitution—not by that
or any olher act of Congress, but by the
clause of the constitution which de
clares that contracts and engagements
entered into by the Government of the
Confederation should be obligatory up
on the Government of the United States
established by the constitution. Here,
ritory from without the limits of the
United Slates. If Senators will’ recall
to their recollection tbe discussions
which have been had upon this subject,
they will remember that this enactment
has been greatly relied upon by those
who asserted the existence ol this pow
er, and urge its application to the terri
tory for which governments have now
to be organized. They will recollect
that when Congress, iii ]L398, prohibited
the importation of slaves from without
the limits ot the United Stales into the
Territory of Mississippi, tbe inhibition in
the constitution ofiho United States
which forbade interference with the im
portation of slaves into States, under
certain circumstances specified in the
clause, until 1S03, was still in full force.
And now the point ofinqujiy is this;
Experience taught them tho re
verse ; and sucti was the pressure upon
that Government that they found it ne
cessary to surrender their authority to
the monarch, and a royal Government
was established. But even then slave
ry was not established by statute, was
not authorized by statute. It was ma
ny years alter slavery existed in Geor
gia that* you will find the first law on
the statute book recognizing and regu
lating the existing institution, wot intro-
pect of peace by consenting to a line of! ducing and establishing it.
division on the two sides of which these j NoWj ,[,; 3 ; 3 lrue j n re gard to all the
conflicting opinions might he indulged j g lalc3 in w [,; c h slavery exists, that
by those entertaining them, without dis- j |here wai n0 ] aw authorizing its inlro-
rbing each other, I would cheerfully ; dul:t j on . it depended upon something
beyond the limit of lhe Slate and conse
quently was not confined to tbe limits
of a State. If any body shall desire
to trace the history of the introduction
commit
power,
lyself to a like exercise of
ith a perfect understanding
that I had no authority to do so upon
any other principle than that which I
have staled.
Now, sir, if the power which we are
now considering, to organize govern
ments in the Territories, cannot be de-
l hen, was a contract entered into be-j was this tbe exercise of the jjower which
tween Virgina and the Federal Con- you now contemplate, or of a totally
gress, which was rendered valid by a distinct and different power? I affirm
stipulation of the constitution of the the last. Congress has power,.to regu»
United Slates. From lhat transfer of! late the foreign and domestictrohrmerce.
the sovereignty of Virginia, and this re-J u f the United Slates. The power to in
cognition of it by the constitution ofthe ; hibit the importation of slaves from
United Stales, is derived lhe authority i.abroad was a power which was restrict-
to organize governments in these territo- ] e d until lhe year 1803 ; and the exer-
ries. When, therefore, Gongress have ( cise ot that power in 1798 by Congress
organized governments for the several was justified upon the ground that in-
lerrilories parcelled out of the North- bibilion did not extend to tbe probibi-.
Western Territory, they have not acted , tion of the importation of slaves to to a
under the power which you are now j territory. Those who choose to refer
calling into exercise, but under the'] to the words of tlmconstitution will find
power derived from the transfer of the a justification of Congress in these
sovereignty by Virginia, and the^ pro- terms, “ The migration or inppottaiipq..
.*>•. *w. - Ladr Balwer. ^ . w
The Washington gossip of the Charlei-1 s*ep *»as an inward awakening. - The
- ^ton News gives some interesting panic- 1 y^uih awakes and he thinks.from ehild-
«I«fs regarding the wife of Bultvcr, the j hood—the full-grown man despises the
.Affliction.—Tbe sufferings laid up-
pooned her husband in a novel. It seems t man on manhood as a feverish
that, before marriage, she was “ apale,! dream. Is death the last sleep? No—
bjuadsome, slender girl” Miss Wheeler i * * s »bfi last final awakening.—Sir Wal-
by name—and aitraciecl his • attention | ter^Scolt.
while fresh from college. .The attach-
was a romantic one, and was stren
uously opposed by Bulwer’s mother.
’‘Bui the lovers found a sympathizing
fijend wjjo occupied a room up' three*
pjtfr «f_siairs, where they frequent-
f^rdrank tea. This female friend ul-
tlmately succeeded in marrying the
What is this worldt A dream with- vision of the constitution of the United of such persons us any of |he States aow
a dream—as we grow older, each : Stales, which gave validity to that act. ..existing shall 'think proper to. admit.
.» Km «« ...irantm. ' ri ’“ That disposes of the first class of shall not be prohibited by the Congress
Territorial Governments organized by prior to the year 1808.” -Wbat-tben?
the United .States, those in the North-, Why simply that Congress was not io^
western Territory. Now, with regard hibited by this clause ofthe ;constitu-
to the second—that is,_ Governments tion-in their exercise of_lhe powe^ito,
wbifch have been organized in Territo- regulate the. foreign? commerce of the
ries, which were heretofore portions of, United States, nor in so doing - from
different Stales. oi this Union, which prohibiting the foreign slave-trade
were unlocal ed at the' lime of the adop-., in the Territory of Mississippi. v But
tion of the constitution, and which have,! Congress did not venture to exercise
— . r.Jewn?
taking
principle was applicable to them ;b>* slaves with him, for doraes.tic pur-
is in the case which I have been jeon- poses, and establishing his domicil there.
sent io you tbe following extract from it:
“Slavery, notwithstanding all that
may have been saitfaud written against
it, as being unjust, arbitrary, and con
trary to the laws of human nature, wo
find in history to have existed from ear
liest ages of the world down to the
present day. In investigating the rights
of the parties now before the court it
is deemed unnecessary lo inquire into
the different means by which one par|
of the human race have in all ages be
come the bondmen ot the other, such
ascaptivit}’, being the offspring of those
already enslaved, &c. : , &c. However,
we are of opinion that it may be laid
down as a legal axiom that in all gov
ernments in which the municipal regulations
are not absolutely opposed to slavery, per
sons already reduced to that state may be
hejd in if, and we also assume it as a
first principle that slavery has been
permitted and tolerated in all the colo
nies established in America by Europe
an powers, most clearly as relates to
blacks and Africaus,” &c.
After stating that this accounts for
the absence of any legislative act of
European powers for the introduction
of slavery into their American domin
ions, the court adds :
“ If the record of any such act exists*
we have not been able to .find any traco *
of it.” *
Now, sir, applying this doctrine to i: f
derived from tbe treaty-making power, i Jhose of ihe frce Slates,-that, under it's lbe question under consideration, per-
then it is either an implied power, and j j n |i uence , they are ready to trample up- soas brought to the United Stales from
rests upon the principle that no iroplica-; OM ,j ie r j<dits of others, and eveu upon »he coast of Africa, who, according to
lion can destroy that elementary princi- Lf, e constitution itself, will he found to the laws existing there—for there are
pie. of equality which entitles every | j nve j )C en in their native land, for the kiws, and clasess or c.astes.even in that
citizen of the United States to an equal i n ] osl _ art> j n u slale e f l | ae mosl a hj P ci barbarous country—who were in.a state
participation in the territory acquired, { s | avcr y. it might have happened in of slavery there, are, upon the principle
or it is an express power derived from j oae instance out of a thousand, that n of the decision of the Supreme Court
the stipulations’of the treaty by which j j rcc African was subjected to the vio- ot Louisiana, slaves here:'that is
the Territories were acquired, and then | | ence ‘ 0 f lbo power engaged in the ,be relation existing between maa-
limited by the terms of that treaty s j avelra de; hut I say upotuhe author- ler and slavc » created upon the
to the fulfilment of the objects for * of a W riter of established reputd- cwasl of Africa, continues untjl jhe lal*e
which it was conferred. It is a power i ti £ n a citiasen of a free Slate—(I refer ter comes within a Territory whose tnu-
which is conferred in terms for the pro-j to Mr. Banc roll’s work upon the colo t nicipal laws prohibit it. : \ i/**
lection of the citizens in their persons . n j e9j now 0 p et , before me)—that lhe j And here I want the attention of'the
and property, and cannot he extended s j ave3 which were brought from Africa j Senate for a momentjlo that' clause off
beyond those limits to interfere with . were persons who were convicted of] the constitution whidh relates to the de-
the essential rights which belong to cv- cr ; mcS| and reduced lo slavery by way | livery of slaves, and to its bearing upon
ery member of this Confederacy. ,] 0 j punisluuent—persons upon whom jibe particular point we arc now consul-'
Mr. President, that 1 may not unne- j fines were inflicted, and who were sold jering. You will observe, sir, that that
cessarily trespass upon the time of the, im n slaveij' from their inability to pay j question is whether the property otan
Senate, I will now, with their indul- j such fines—and persons horn in a state | owner in his slave can exist beyond tbo
gence, proceed to the consideratioo of I of slavery. On the authority of the i limits of the State
a question which has been briefly dis-1 same writer, I state that three-fourths * —-- 1 — -
cussed here already this morning., I j of those persons, imported from Africa,
mean the question whether a citizen of t and here held in slaver}', were in a
the United States who is the owner ofigrate of tbe most abject slavery in their
slaves has the right to remove, with j owb country. They were the slaves of
them into the Territories of the United J petty African chiefs—they and their j
States; more specifically, sir, whether j children. And then the - sympathy '
a citizen of the United States has the which has been awakened pHthis subject
right to remove with his slaves into the | majtfind some alleviation by pursuing
of slavery into the United Stales, it will
be found to have resulted from the cu
pidity of the English African Company;
and those unfortunate Africans who
duced from either ol the three first j have S() aW akened the sympathy of the
sources to which 1 have referred, but is; peop | e 0 f x \ lC UnitedAftales, especially
1
so- to hope, and at last to glory. But
the. sufferings we make, for ourselves
are circular and endless, from sin. to
yoffiig copple. ntiihor bFwhom ‘ihe
ihpn thouglit, were -long for, this ,orme? one.aiklrt ..sever?soffenng
world.' But to her surprise Miss Wheel- [ als0,
er afterwards - * - * - -
the fattest
the. most ii
a—
t*** -S’ 1 - »• f > -*4.
sidering. Georgia ceded to tbe United
States an extent ol territory .which now
constitutes lhe two great States of Ala-
f bama and Mississippi. - While they rc^
i-uiained unclej the sovereignty of Geor-
C mr- 111 U1CII- IllUIlh , UUl Sir
The. net 06 1804 prohibited the . in
troduction of slaves into Louisiana, from
within or without the United Slates.—
Tbe act of IS04, also passed.anterior t°
the removal of the inhibition of the
Territories-of California and New Mex-j the inquiry'whetherthe.slave of aheath-
icb? . . iea chief i:i a barbarous land lias much
Now, sir, as a general proposition,[cause to lament bis removal to a ebris*,
personal property attends the person of j tian community, and his subjection to
the owner, and carries witti it the rights the moderated domestic slavery which,
which pertain to biro where he may j exists within, the United States? whelk*
happen to be. But it ts said that slave-; -• - J J ,:
. . 1 such a removal rendered the condi-
'ry exists only by virtue of the positive j ti on ©f the transported slave so much
lavV oi the State which tolerates it;—j worse as to justify the attempts which
-that it cannot exist beyond the limit of^ have been made-la-produce an excite-
tbat State, and"especially that it cannot J m ent th^l shakes this Union to its cen-
do so in the Territories ,of California! i re ?
and New Mexico^because there are ex-i I was speaking of the proposition
istjngIawslherewhicbiphtDit.it.- ; [which asserts that slavery exists only
Sir, if it be possible, \jub the indul-: by law, and is limited to tbe State in
gence of the Senate, to show^that these j which it exists. I know that this is the
propositions are untrue— t^awoeither of; doctrine laid .down in- Massachusetts
them can be maintained^-we shaltbaue; and Connectifeut; but I think it is utter-
ruv.couvu.or me. .nn.Dumnorlaken away froar .hosawho <l«ayah*, ly iama..We, wUh alllhe re*P«ct»h«b
stitution against iaierference wkh tbe right for which I am conleudmg Iho nq-, .nay be enlertained lor the learned
slave trade.—This, tooi tyas in the ertTily ground upoa.which they have hither-[judges by whom these opinions were
rem to[crcise ofikei same commereiaL powertlo ; atlempled to rest jt^aod hongrableipronoqoced, lor.aijy man loread-tbe
d^pi^pfie.Gp^etWeat, which was not coo.- Sengtori. qptt mw*
which the owner
dwells, and.under the aiithrity of whose ^
laws he is supposed to hold it. The
clause, referred, lo has an important-
bearing upon file question. ' It id io - **
these words: . ■ • AJ*. _% ^
“ No person held to service or labor ^ '
in one State under the laws thereof, es^- ,
caping into another, shall, in co'nse- ■ •
quence of any law or rcgulatiim therein,
he discharged Irom such service or la^ t
hor, hut shall be delivered up on claim
ofthe parly to whom such service or la- ** *
hor may he due.” ^
Such persons “shall not beditchaig-‘
cd,” though he is beyond the limits of
that State under the authority of whose >
laws he is supposed, and under that ad- ^
thority alone, to be held in slavery.—
Altliough he is without the reach of that 1
authority by which, aud by which alone*
he owes service and labor to his owner, r '
yet still, under this provisionUfthe.con-
stitution of the United Stales, be shall
not, in consequence of any law or regu-;
lation of any other Stale, be dischargc&sj *
from such .service or labor. Why, sir, if ' f . *
the proposition were true against which-*
I am contending, that the slave, wheth
er by his own will or by the act of hist * j
master, the moment he goes beyemdtho »
limits of the State whose laws authorise'
liii9Ut.be *he)d jn slavcryi is rel^sOd '
% ^
'M
b-