Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860Bartlett, D. W. (David W.)
History
Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860
Bartlett, D. W. (David W.)
Statesmen -- United States; United States -- Biography
The Constitution itself dictates and enjoins both. And
it is first of all necessary, that neither the power nor the duty
shall be practically denied, embarrassed or obstructed, by the
enactment of unconstitutional laws of prohibition. Positive
legislation is more apt to be passed against slavery by local than
by national laws. In any practical view, then, we are attempting
to shear a lion instead of a wolf. Non-intervention is simply
absurd and impossible, and it is worse than impracticable.
* * * * *
"Such are the teachings to me of our past history, and I trust
that I have now demonstrated in the second place: 'That the
inhabitants or people of a territory are sovereign to form
themselves a constitution and State government as I have shown in
the first place, that in their territorial condition they are
within the entire control and jurisdiction, or under the entire
rule or regulation of Congress, subject to the Constitution of the
United States, and that the citizens of each and all of the States
are alike equally entitled to protection in all the privileges and
immunities of persons and property, common to equal confederates.
"And this right and this duty of protection is not to be evaded or
avoided either by the false _ad captandum_ clamor that a code is
required to be enacted by Congress for the protection of slave
property. This is but to cast odium upon slavery, by creating the
impression that a discrimination is necessary to distinguish it
above what is due to other personal and proprietary rights. On the
contrary, no such code is required to create either the right or
the duty of protection, and no law is necessary to distinguish
slave property from any other property. All persons and all
property, equally and alike, require only not to be assailed and
destroyed in, or excluded from the common territories. Every
species of rights requires laws, it is true, suited to its
character and to its case. Personal property, for example, must
have a law that it shall not be 'taken and carried away;' and
land, which cannot be 'taken and carried away,' must have a law
that it shall not be trespassed upon in some other way; and so
with slaves and everything else, they must have provisions
according to their kind. But the Constitution of the United
States, and the laws of Congress heretofore organizing territories
are sufficient, and if amendments of the laws are required, it is
the duty of Congress to see that they are provided, of the
Executive of the United States to see that they are executed, and
of the judiciary to decide upon the rights under the laws. The
slave States should never pretend to any peculiar privileges, and
do not, so far as I know. They ask only that their rights shall
Public-domain text, read in full here on John Shaqi.
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