Slavery and four years of war : $b a political history of slavery in the United States, together with a narrative of the campaigns and battles of the Civil War in which the author took part, 1861-1865. Vols. 1-2Keifer, Joseph Warren
History
Slavery and four years of war : $b a political history of slavery in the United States, together with a narrative of the campaigns and battles of the Civil War in which the author took part, 1861-1865. Vols. 1-2
Keifer, Joseph Warren
Slavery -- United States; United States -- History -- Civil War, 1861-1865 -- Campaigns
"They were intended to have a far more comprehensive and enduring
effect than the mere adjustment of difficulties arising out of the
recent acquisition of Mexican territory. They were designed to
establish certain great principles, which would not only furnish
adequate remedies for existing evils, but in all time to come avoid
the perils of similar agitation by withdrawing the question of
_slavery_ from the halls of Congress and the political arena,
committing it to the arbitration of those who are immediately
interested in and alone responsible for its consequences. . . . A
question has arisen in regard to the right to hold slaves in the
Territory of Nebraska. . . . It is a disputed point whether slavery
is prohibited in the Nebraska country by _valid_ enactment. In
the opinion of eminent statesmen. . . . the eighth section of the
act preparatory to the admission of Missouri is null and void."
The eighth section prohibited slavery in the Louisiana Territory
north of 36 deg. 30', hence from the Nebraska Territory. The report
reiterated the absurd doctrine:
"That the Constitution. . . . secures to every citizen an inalienable
right to move into any of the Territories with his property, of
whatever kind and description, and to hold and enjoy the same under
the sanction of law."
(What law? The law of the place whence it came, or the law of the
place to which it was taken? Not even an ox or an ass can be held
as property save under the law of the place where it is; nor is
the title to the soil valid except under the law of the place where
it is located. As well as might a person claim the right to move
to a Territory and there own the land by virtue of the Constitution
and the laws of the State of his former residence as to claim under
them the right to own and sell his slave in a Territory. The
difficulty is, while the emigrant might take with him his human
chattel, he could not take with him the law permitting him to hold
it.)
The report did not, however, as presented, propose to repeal the
Missouri Compromise line that had stood thirty-four years with the
approval of the first statesmen of all parties in the Union.
It assumed simply to interpret for the dead Clay and Webster their
only four-year-old work, and ran thus:
"The Compromise Measures of 1850 affirm and rest upon the following
propositions:
"First--That all questions pertaining to slavery in the Territories,
and the new States to be formed therefrom, are to be left to the
decision of the people residing therein.
"Second--That 'all cases involving the title to slaves' and 'questions
of personal freedom' are to be referred to the jurisdiction of the
local tribunals, with the right to appeal to the Supreme Court of
the United States.
"Third--That the provisions of the Constitution, in respect to
fugitives from service, are to be carried into faithful execution
in all 'the organized Territories,' the same as in the States."
Public-domain text, read in full here on John Shaqi.
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