A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional PartyDabney, Robert Lewis
History
A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional Party
Dabney, Robert Lewis
Slavery -- Justification; Slavery -- United States; Slavery -- United States -- History; Slavery -- Virginia
Third. The chief territory which the United States acquired between
the Revolution and the Mexican war, was Louisiana. This vast region
was gained by treaty from France in 1803. It was then a single
province and government of the French Republick, and was, through all
its extent, a slaveholding country. In the third article of the treaty
for its purchase, between the United States and the First Consul, it
was stipulated that until the ceded territory should be incorporated,
as States, in the Union, all its citizens should be "in the mean time
maintained and protected in the free enjoyment of their liberty,
property, and the religion which they profess." The settled doctrine
of the courts of Louisiana has always been, that this guarantee
covered all the citizens emigrating into any part of the territory
before its erection into a State, as fully as those living in
Louisiana in 1803.[58] Thus, the rights of slave owners in the whole
of the Louisiana purchase were guaranteed to them by treaty, until
such time as the part they inhabited became a sovereign State, and
thus assumed plenary power over the subject. But, by Article 6th, §
2d, of the Constitution of the United States, all treaties made by the
authority of the United States are declared to be the supreme law of
the land. Thus the rights of the master in all this region were placed
above the power of the legislature itself.
[Footnote 58: Justice Catron, 19th Howard, p. 131.]
Fourth. The federal constitution recognized and protected property in
slaves, in every way which was competent to a federative compact of
this kind. The slaveholding States had representation for three-fifths
of their slaves. The slaves were made subjects of direct taxation, as
property. The constitution provided expressly for a fugitive slave
law, which was soon passed by the Congress, and continued to be the
law of the land until the termination of the government. By the
constitution, property in slaves was created like any other property;
and no ground can be found for the assertion that its rights were more
restricted than rights in cattle or lands. But the fundamental idea of
that instrument was the impartial equality of all the citizens before
the law. Whatever authority Congress had over the common territories,
was as trustee for all the citizens of the United States equally.
Hence it seems obvious that this body was bound to recognize in all
the citizens equal rights, in going into those territories with any
species of property which they might hold by the laws of any State, or
of Congress, and to protect them in those rights while the country was
in a territorial condition.
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