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delegated to the United States by the Constitution, nor that "no person shall be deprived of liberty without due prohibited by it to the States, are reserved to the states process of law," and that another having provided, respectively, or to the people,” therefore also the same " that in all criminal prosecutions, the accused shall enict of Congress, passed on the 14th day of July, 1798, ! joy the right to a public trial by an impartial jury, to be and entitled "An act in addition to the act entitled An informed as to the nature and cause of the accusation, act for the punishment of certain crimes against the to be confronted with the witnesses against him, to have United States ;' as also the act passed by them on the compulsory process for obtaining witnesses in his favor, 27th day of June, 1795, entitled “ An act to punish frauds and to have assistance of counsel for his defense,” the committed on the Bank of the United States,” (and all same act undertaking to authorize the President to reother their acts which assume to create, define, or pun-move a person out of the United States who is under the ish crimes other than those enumerated in the Constitu- protection of the law, on his own suspicion, without jury, tion), are altogether void and of no force, and that the without public trial, without confrontation of the witpower to create, define, and punish such other crimes nesses against him, without having witnesses in his favor, is reserved, and of right appertains solely and exclu- without defense, without counsel, is contrary to these sively, to the respective States, each within its own ter- provisions also of the Constitution, is therefore not law, ritory.
but utterly void and of no force. 3. Resowed, That it is true, as a general principle, That transferring the power of judging any person who and is also expressly declared by one of the amend is under the protection of the laws, from the courts to the ments to the Constitution, that the powers not de- President of the United States, as is undertaken by the legated to the United States by the Constitution, nor same act concerning aliens, is against the article of the prohibited by it to the States, are reserved to the Constitution which provides, that "the judicial power of States respectively, or to the people;" and that no the United States shall be vested in the courts, the judges power over the freedom of religion, freedom of speech, of which shall hold their office during good betavior,” and or freedom of the press being delegated to the United that the said act is void for that reason also ; and it is States by the Constitution, nor prohibited by it to further to be noted that this transfer of judiciary power the States, all lawful powers respecting the same did is to that magistrate of the General Government who of right remain, and were reserved to the States or to the already possesses all the executive, and a qualified negapeople; that thus was manifested their determination to tive on all the legislative powers. retain to themselves the right of judging how far the 7. Resolved, that the construction applied by the Genelicentiousness of speech and of the press may be abridgedral Government (as is evident by sundry of their prowithout lessening their useful freedom, and how far those ceedings) to those parts of the Constitution of the United abuses which cannot be separated from their use should States which delegate to Congress power to lay and colbe tolerated rather than the use be destroyed; and thus lect taxes, duties, imposts, excises ; to pay the debts, also they guarded against all abridgment by the United and provide for the common defense and general welfare States of the freedom of religious principles and exer- of the United States, and to make all laws which shall cises, and retained to themselves the right of protecting be necessary and proper for carrying into execution the the same, as this State, by a law passed on the general powers vested by the Constitution in the Government of demand of its citizens, had already protected them from the United States, or any department thereof, goes to the all human restraint or interference; and that, in addi- destruction of all the limits prescribed to their power by tion to this general principle and express declaration, the Constitution : That words meant by that instrument another and more special provision has been made by to be subsidiary only to the execution of the limited one of the amendments to the Constitution, which ex. powers, ought not to be so construed as themselves to pressly declares, that "Congress shall make no laws give unlimited powers, nor a part so to be taken as to respecting an establishment of religion, or prohibiting destroy the whole residue of the instrument: That the the free exercise thereof, or abridging the freedom of proceedings of the General Government under color of speech, or of the press," thereby guarding in the same those articles, will be a fit and necessary subject for sentence, and under the same words, the freedom of revisal and correction at a time of greater tranquillity, religion, of speech, and of the press, insomuch that while those specified in the preceding resolutions call for whatever violates either, throws down the sanctuary immediate redress. which covers the others; and that libels, falsehood, and 8. Resolved, That the preceding resolutions be transdefamation, equally with heresy and false religion, are mitted to the senators and representatives in Congress withheld from the cognizance of federal tribunals. That from this commonwealth, who are enjoined to present therefore the act of the Congress of the United States, the same to their respective Houses, and to use their passed on the 14th of July, 1798, entitled “ An act in best endeavors to procure at the next session of Congress addition to the act entitled An act for the punishment a repeal of the aforesaid unconstitutional and obnoxious of certain crimes against the United States," which does acts. abridge the freedom of the press, is not law, but is alto- 9. Resolved lastly, that the governor of this commongether void and of no force.
wealth be, and is hereby authorized and requested to com4. Resolved, That alien friends are under the jurisdic- municate the preceding resolutions to the legislatures of tion and protection of the laws of the State wherein they the several States, to assure them that this commonwealth are: that no power over them has been delegated to considers union for special national purposes, and partithe United States, nor prohibited to the individual States cularly for those specified in their late federal compact, distinct from their power over citizens; and it being true, to be friendly to the peace, happiness, and prosperity as a general principle, and one of the amendments to of all the States—that, faithful to that compact, accord. the Constitution having also declared, that "the powers ing to the plain intent and meaning in which it was un not delegated to the United States by the Constitution, derstood and acceded to by the several parties, it is nor prohibited to the States, are reserved to the States sincerely anxious for its preservation; that it does also respectively, or to the people," the act of the Congress believe, that to take from the States all the powers of of the United States, passed the 22d day of June, 1798, self-government, and transfer them to a general and conentitled, “ An act concerning aliens,” which assumes solidated government, without regard to the special depower over alien friends not delegated by the Constitu- legations and reservations solemnly agreed to in that tion, is not law, but is altogether void and of no force. compact, is not for the peace, happiness, or prosperity of
5. Resolved, That if addition to the general principle these States; and that, therefore, this commonwealth is as well as the express declaration, that powers not dele determined, as it doubts not its co-States are, to submit gated are reserved, another and more special provision to undelegated and consequently unlimited powers in no inferred in the Constitution, from abundant caution has man or body of men on earth; that if the acts before declared, “that the migration or importation of such specified should stand, these conclusions would flow from persons as any of the States now existing shall think them; that the General Government may place any act proper to admit, shall not be prohibited by the Congress they think proper on the list of crimes and punish it themprior to the year 1808." That this commonwealth does selves, whether enumerated or not enumerated by the adinit the migration of alien friends described as the sub- Constitution as cognisable by them; that they may transject of the said act concerning aliens; that a provision fer its cognizance to the President or any other person, against prohibiting their migration, is a provision against who may himself be the accuser, counsel, judge, and jury, all acts equivalent thereto, or it would be nugatory; that whose suspicions may be the evidence, his order the sen. to remove them when migrated is equivalent to a prohi- tence, his officer the executioner, and his breast the sole bition of their migration, and is, therefore, contrary to record of the transaction; that a very numerous and valuthe said provision of the Constitution, and void. able description of the inhabitants of these States, being
6. Resolved, that the imprisonment of a person under by this precedent reduced as outlaws to the absolute domi. the protection of the laws of this commonwealth on his nion of one man and the barriers of the Constitution failure to obey the simple order of the President to depart thus swept from us all, and no rampart now remains out of the United States, as is undertaken by the said act, against the passions and the power of a majority of Conentitled, " An act concerning aliens,” is contrary to the gress, to protect from a like exportation or other griev. Constitution, one amendment in which has provided, ous punishment the minority of the same body, the legis. latures, judges, governors, and counselors of the States, government we have chosen, and live under one deriving nor their other peaceable inhabitants who may venture its powers from its own will, and not from our authority; to reclaim the constitutional rights and liberties of the and that the co-States, recurring to their natural rights in States and people, or who, for other causes, good or bad, cases not made federal, will concur in declaring these may be obnoxious to the views or marked by the suspi- void and of no force, and will each unite with this comcions of the President, or be thought dangerous to his monwealth in requesting their repeal at the next session or their elections or other interests, public or personal ; of Congress. that the friendless alien has been selected as the safest subject of a first experiment; but the citizen will soon On the 14th of Nov., 1799, the Kentucky House follow, or rather has already followed; for, already has of Representatives, after having received replies a sedition act marked him as a prey: that these and successive acts of the same character, unless arrested on the
to the above from the legislatures of several threshold, may tend to drive these states into revolution States, which replies seem to have been unsatisand blood, and will furnish new calumnies against repub- factory, reiterated its position as follows: lican governments, and new pretexts for those who wish it to be believed, that man cannot be governed but by a
Resolved, that this commonwealth considers the Fede. rod of iron; that it would be a dangerous delusion were ral Union, upon the terms and for the purposes specified a confidence in the men of our choice to silence our fears in the late compact, as conducive to the liberty and hapfor the safety of our rights ; that confidence is every- piness of the several States : That it does now unequivo. where the parent of despotism; free government is founded cally declare its attachment to the Union, and to that in jealousy and not in confidence ; it is jealousy and not compact, agreeably to its obvious and real intention, and confidence which prescribes limited constitutions to bind
will be among the last to seek its dissolution : That if down those whom we are obliged to trust with power ;
those who administer the General Government be permitthat our Constitution has accordingly fixed the limits to ted to transgress the limits fixed by that compact, by a which, and no farther, our confidence may go; and let
total disregard to the special delegations of power therethe honest advocate of confidence read the Alien and in contained, an annihilation of the State governments, Sedition acts, and say if the Constitution has not been and the creation upon their ruins of a general consoli. wise in fixing limits to the government it created, and dated government, will be the inevitable consequence : whether we should be wise in destroying those limits ? Let That the principle and construction contended for by him say what the government is, if it be not a tyranny, sundry of the State legislatures, that the General Govern. which the men of our choice have conferred on the Presi- ment, is the exclusive judge of the extent of the powers dent, and the President of our choice has assented to and delegated to it, stop nothing short of despotisin—since accepted over the friendly strangers, to whom the mild
the discretion of those who administer the government, spirit of our country and its laws had pledged hospitality and not the Constitution, would be the measure of their and protection; that the men of our choice have more powers-That the several States who formed that instrurespected the bare suspicions of the President than the solid ment, being sovereign and independent, have the unques. rights of innocence, the claims of justification, the sacred tionable right to judge of the infraction; and that a nulforce of truth, and the forms and substance of law and lification by those sovereiguties of all unauthorized acts justice. In questions of power, then, let no more be said
done under color of that instrument is the rightful reof confidence in man, but bind him down from mischief medy: That this commonwealth does, under the most by the chains of the Constitution. That this common
deliberate reconsideration, declare that the said Alien wealth does therefore call on its co-States for an expres- and Sedition laws are, in their opinion, palpable violasion of their sentiments on the acts concerning aliens, and tions of the said Constitution; and, however cheerfully for the punishment of certain crimes hereinbefore speci- it may be disposed to surrender its opinion to a majority fied, plainly declaring whether these acts are or are not of its sister States, in matters of ordinary or doubtful authorized by the federal compact. And it doubts not policy, yet, in momentous regulations like the present, that their sense will be so announced as to prove their which so vitally wound the best rights of the citizen, it attachment to limited government, whether general or would consider a silent acquiescence as highly criminal: particular, and that the rights and liberties of their co
That although this commonwealth, as a party to the fedeStates will be exposed to no dangers by remaining em
ral compact, will bow to the laws of the Union, yet it barked on a common bottom with their own; but they does, at the same time, declare that it will not now, or will concur with this commonwealth in considering the
ever hereafter, cease to oppose in a constitutional man. said acts as so palpably against the Constitution as to
ner every attempt, at what quarter soever offered, to amount to an undisguised declaration, that the compact violate that compact. And, finally, in order that no preis not meant to be the measure of the powers of the Gene
text or arguments may be drawn from a supposed acquiral Government, but that it will proceed in the exercise
escence on the part of this commonwealth in the consti. over these States of all powers whatsoever. That they tutionality of those laws, and be thereby used as prece. will view this as seizing the rights of the States and conso
dents for similar future violations of the federal compact lidating them in the hands of the General Government, this commonwealth does now enter against them its with a power assumed to bind the States (not merely in solemn protest. cases made federal) but in all cases whatsoever, by laws made, not with their consent, but by others against their
This resolution passed the Senate on the 22d consent; that this would be to surrender the form of Nov., 1799.
MR. DOUGLAS OPINIONS ON SLAVERY, &c. On the 25th January, 1845, Mr. Douglas, then of any peaceable adjustment of existing difficulties, a member of the House of Representatives, extended to the Pacific. That measure was originally
because the Missouri Compromise line could not be offered the following amendment to the joint adopted in the bill for the admission of Missouri by the Resolution for the Annexation of Texas : union of Northern and Southern votes. The South has
always professed to be willing to abide by it, and even to “And in such State or States as may be formed out of continue it, as a fair and honorable adjustment of a vexed said territory north of said Missouri Compr nise line, and difficult questi In 1845, it was adopted in the slavery or involuntary servitude-except for crime-resolutions for the annexation of Texas, by Southern as shall be prohibited."-Cong. Globe, vol. 14, page 193. well as Northern votes, without the slightest complaint
that it was unfair to any section of the country. In 1846, HE DEFENDS THE MISSOURI COMPROMISE. it received the support of every Southern member of the On the 13th of March, 1850, Mr. Douglas exception, as an alternative measure to the Wilmot Pro
House of Representatives—Whig and Democrat—without made a speech in the United States Senate, visio. And again in 1848, as an amendment to the Orefrom which the following is an extract: gon bill, on my motion, it received the vote, if I recollect
åright-and I do not think that I can possibly be mis“The next in the series of aggressions complained of taken-of every Southern Senator, Whig and Democrat, by the Senator from South Carolina, is the Missouri even including the Senator from South Carolina himself, Compromise. The Missouri Compromise, an act of (Mr. Calhoun.) And yet we are now told that this is Northern injustice, designed to deprive the south of her only second to the Ordinance of 1787 in the series of due share of the Territories! Why, sir, it was only on aggressions on the South."-Cong. Globe, Appendix, this very day that the Senator for Mississippi despaired vol. 22, purt 1, page 870.
“ 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 prohibiConstitution. 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 West- i 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 369.
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 1116, 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 resolutions, passed by the Illinois Legislature, ished slavery. This fact shows that the cause of freedom thus : 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 constiAnd again, on the same page, speaking of a
tuency during seven years' service in Congress, except proposition to amend the Constitution, so as to upon one solitary, question. And even on that, I have no
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, he 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 378. 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, Appendio, vol. 22, of New Mexico, Mr. Douglas said, part 1, page 371.
"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 propose no such thing. We recognize your right, in com- removed by competent authority. And because there 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
on the top of that one. It has been the strongest argupoints 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 necessary for as Territories, as being unwise, immoral, or contrary to the accomplishment of their ohject."--Cong. Giobe, 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 prohibited by the local law. So, ardent spirits, whiskey brandy: Mr. Douglas made a southern tour, stopping at
Shortly after the Illinois election of 1858, 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, 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 from his speech as reported phonographically Congress. Nor can a man go there and take and hold his slave, for the same reason. These laws, and many
in the Memphis Avalanche: 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 Globe, Appendix, vol. 22, part 1, page 371.
profitable, they will not permit it. You come right back And again :
to the principle of dollars and cents. I do not care
where the immigration in the southern country comes “But, sir, I do not hold the doctrine that to exclude from; if old Joshua R. Giddings should raise a colony in 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."
SLAVES ARE RECOGNIZED AS “PROPERTY" BY THE In the Senate, on the 23d of February, CONSTITUTION.
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 diffcrent footing from New Orleans Delta :
other property. I recognize it as property under what
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 Ter. tions 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 DRED SCOTT DECISION.
The decision or opinion of the Supreme / the Territory any article of property which the ConstiCourt 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 so vernment to protect 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. When he removes to the Territory in question to reside,
zen of the United States from taking with him his slaves 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 Taney, is preceded by head-notes of the Re- him no title to freedom.” porter, 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 to make all needful rules and regulations for the govern; of the Court, where, after deciding that Con
Following these notes we have the opinion 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 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 whích, at the time, has not a population that fits power to legislate, including those portions of it remain. it to become a State, and may govern it as a Territory ing under territorial government, as well as that countil it has a population which, in the judgment of Con- vered 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
4. While it remains 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 inay 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 confer 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 respectivenent 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 stand. zens 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 to 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. “ 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 in 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 or 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 Concitizen, no tribunal, acting under the uthority of the gress a greater power over slave property, or w 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,
SLAVERY IN NEW MEXICO. IN 1859, the Territorial Legislature of New neglect of their duties as servants, for they are conMexico passed“ An Act to provide for the pro- should correct their neglect and faults ; for as soldiers
sidered as domestic servants to their masters, and they 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 inslaves, by enacting severe penalties against flicted 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,
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 crime or misdemeanor for which the penalty assigned by ley, Babbitt, Beale, Bingham, Blair, Blake, Brayton, law is in whole or in part the fine of a sum of money, bell, Carey, Case, Clark B. Cochrane, Colfax, Conkling,
Buffington, Burlingame, Burnham, Butterfield, Campthe court passing sentence upon him may, in its discre-Covode, Vawes, 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 commit or attempt to commit a rape upon the person of Hoard, Humphrey, Hutchins, Irvine, Junkin, Francis W.
Kellogg, William Kellogg, Kenyon, Kilgore, Killinger, any white woman, shall, upon conviction thereof, suffer
De Witt C. Leach, Lee, Longnecker, Loomis, Lovejoy, death. "Sec. 25.—The Emancipation of Slaves within this Morse, Nixon, Olin, Palmer, Perry, Pettit, Porter, Pot
Marston, McKean, McKnight, McPherson, Moorhead, Territory is totally prohibited.'
ter, Rice, Christopher Robinson, Royce, Scranton, Sedg.
wick, Sherman, Somes, Spinner, Stanton, 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:
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 Jarnette, 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 thein, 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, Simms, 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 th Vallangdigham, Vance, Webster, Whiteley, Winslow, serve for the time stipulated for in the contract; and Woodson, and Wright–89. any servant so 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 italics, 8; Anti-Lecompton Democrats, in SMALL which through his neglect may result to the owner. Sec. 4. No Court of this Territory shall have
juris Republicans (Thayer, in roman), 1. Total, 89.
CAPS, 5; Independent (Reynolds, in roman), 1; 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.