American Eloquence, Volume 3: Studies In American Political History (1897)
History
American Eloquence, Volume 3: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
MR. PRESIDENT, the whole subject of slavery, so far as it is involved
in the issue now before the country, is narrowed down at last to a
controversy on the solitary point, whether it be competent for the
Congress of the United States, directly or indirectly, to exclude
slavery from the Territories of the Union. The Supreme Court of the
United States have given a negative answer to this proposition, and
it shall be my first effort to support that negation by argument,
independently of the authority of the decision.
It seems to me that the radical, fundamental error which underlies the
argument in affirmation of this power, is the assumption that slavery
is the creature of the statute law of the several States where it is
established; that it has no existence outside of the limits of those
States; that slaves are not property beyond those limits; and
that property in slaves is neither recognized nor protected by
the Constitution of the United States, nor by international law. I
controvert all these propositions, and shall proceed at once to my
argument.
Mr. President, the thirteen colonies, which on the 4th of July, 1776,
asserted their independence, were British colonies, governed by British
laws. Our ancestors in their emigration to this country brought with
them the common law of England as their birthright. They adopted its
principles for their government so far as it was not incompatible with
the peculiarities of their situation in a rude and unsettled country.
Great Britain then having the sovereignty over the colonies, possessed
undoubted power to regulate their institutions, to control their
commerce, and to give laws to their intercourse, both with the mother
and the other nations of the earth. If I can show, as I hope to be able
to establish to the satisfaction of the Senate, that the nation thus
exercising sovereign power over these thirteen colonies did establish
slavery in them, did maintain and protect the institution, did originate
and carry on the slave trade, did support and foster that trade, that
it forbade the colonies permission either to emancipate or export their
slaves, that it prohibited them from inaugurating any legislation in
diminution or discouragement of the institution--nay, sir, more, if, at
the date of our Revolution I can show that African slavery existed in
England as it did on this continent, if I can show that slaves were sold
upon the slave mart, in the Exchange and other public places of resort
in the city of London as they were on this continent, then I shall not
hazard too much in the assertion that slavery was the common law of the
thirteen States of the Confederacy at the time they burst the bonds that
united them to the mother country.
* * * * *
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account