Slavery -- United States; United States -- Politics and government -- 1849-1853
One point more, sir, and I have done. Why, says my opponent, did not
the right to hold slaves continue after the change of jurisdiction,
as well as the right to hold horses? For the plainest of all reasons,
I answer: for the reason that a horse is _property_ by the universal
consent of mankind, by the recognition of every civilized court in
Christendom, without any positive law declaring it to be the subject of
ownership. But a _man_ is not property, without positive law; without
a law declaring him to be the subject of ownership. There was such a
positive law in Maryland; but Congress, for want of constitutional
authority, could not enact, revive, or continue it. And such I verily
believe would have been the decision of the Supreme Court of the
United States, had the question been carried before them immediately
subsequent to the act of 1801. But now, as slavery has existed
practically in this District for half a century, it is proper to pass
a law abolishing it. It is better, under the present circumstances,
that slavery should be abolished here by a law of Congress, than by the
decision of a court; because Congress can provide an indemnity for the
owners, and let the slaves go free. But should it be abolished by a
legal adjudication, every slave would be hurried away to the south, and
sold, he and his descendants, into perpetual bondage.
In justice, then, to the north, which ought not to bear the opprobrium
of slavery in this capital of the nation; in justice to the slaves who
are here held in bondage against legal, as well as natural right; and,
in more than justice to the masters, whose alleged claims I am willing,
under all the circumstances, to satisfy, let a law be forthwith passed
for ascertaining and paying the market value of the slaves, and for
repealing all laws which uphold slavery in this District.
FOOTNOTES:
[5] Lecture on the North and South. Delivered in College Hall, January
16, 1849, before the Young Men’s Mercantile Library Association of
Cincinnati. By Ellwood Fisher.
[6] An anecdote, which I have on the best authority, is not
inappropriate. A few years ago, a citizen of the State of Connecticut
absconded, leaving a wife behind him. He went to the State of
Mississippi, where he took a colored woman as his concubine, had
children by her, acquired property, and died. The wife and heirs in
Connecticut claimed the property acquired in Mississippi. The claim was
contested. The honorable HENRY S. FOOTE, now a senator from that state,
conducted the defence. He denied the title of the wife in Connecticut,
affirmed that of the concubine and her children in Mississippi, and
cited the case of Abraham and Sarah and Hagar, to prove the legality
and the propriety of the concubinage, and the divine authority for it.
And surely, if the Bible argument in favor of slavery is sound, Mr.
FOOTE’S argument in favor of concubinage is equally so.
Public-domain text, read in full here on John Shaqi.
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