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
"Here is the law; and under it exists the law of slavery in the
different States. By virtue of this very principle it cannot extend
one inch beyond its own territorial limits. A State cannot regulate
the relation of master and slave, of owner and property, the manner and
title of descent, or anything else, one inch beyond its territory. Then
you cannot, by virtue of the law of slavery, if it makes slaves property
in a State, if you please, move that property out of the State. It ends
whenever you pass from that State. You may pass into another State that
has a like law; and if you do, you hold it by virtue of that law; but
the moment you pass beyond the limits of the slaveholding States, all
title to the property called property in slaves, there ends. Under such
a law slaves cannot be carried as property into the Territories, or
anywhere else beyond the States authorizing it. It is not property
anywhere else. If the Constitution of the United States gives any other
and further character than this to slave property, let us acknowledge it
fairly and end all strife about it. If it does not, I ask in all candor,
that men on the other side shall say so, and let this point be
settled. What is the point we are to inquire into? It is this: does
the Constitution of the United States make slaves property beyond the
jurisdiction of the States authorizing slavery? If it only acknowledges
them as property within that jurisdiction, it has not extended the
property one inch beyond the State line; but if, as the Supreme Court
seems to say, it does recognize and protect them as property further
than State limits, and more than the State laws do, then, indeed, it
becomes like other property. The Supreme Court rests this claim upon
this clause of the Constitution: 'No person held to service or labor in
one State, under the laws thereof, shall, in consequence of 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.' Now the question is, does that guaranty it? Does that make
it the same as other property? The very fact that this clause makes
provision on the subject of persons bound to service, shows that the
framers of the Constitution did not regard it as other property. It
was a thing that needed some provision; other property did not. The
insertion of such a provision shows that it was not regarded as other
property. If a man's horse stray from Delaware into Pennsylvania, he can
go and get it. Is there any provision in the Constitution for it? No.
How came this to be there, if a slave is property? If it is the same as
other property, why have any provision about it?'"
Public-domain text, read in full here on John Shaqi.
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