Slavery -- United States; United States -- Politics and government -- 1849-1853
By the papers of this city, as I open them every morning, I see that
lotteries are authorized by more or less of the Southern States. Their
“schemes” are regularly advertised. I remember, when stopping for a
day in one of the southern cities, that some half-official looking
personages came into the hotel, cleared a large space in the public
hall, set down a rotary machine, and proceeded to draw a lottery.
Now, in Massachusetts, and in many of the Northern States, lotteries
are prohibited, under severe penalties. With us, it is highly penal
to advertise a lottery in any form, to placard one at the corners
of the streets, or to exhibit any plan or emblem of one at a shop
window. We act upon the well-known truth, that there is a much less
number of persons who draw any considerable prize in a lottery, than
there are who are killed by lightning; and therefore, whatever chance
a ticket-holder has of drawing any considerable prize, we know that
he has a much greater chance of being killed by lightning. Now, when
a citizen of Virginia and a citizen of Massachusetts go to the new
territories, does the former carry his right to establish and draw a
lottery, or the latter carry his right to prosecute the other for doing
so? Neither; certainly neither. Both have left the local law behind
them. If any state in this Union had adopted polygamy as its peculiar
institution, could an inhabitant of that state take a dozen wives with
him into the new territories, and defend his claim to live with them
there, because he could do so at home? Or, suppose, in pursuance of
the “manifest destiny” principle, we should _re_-annex a part of China
to this Union, could the Chinese, on removing to California, carry
the practice of infanticide with them? Just as well, I answer, and on
precisely the same legal ground that the south can carry slavery into
New Mexico. The reason is that the law of slavery is a _local_ law.
Like lotteries, or polygamy, or infanticide, it can legally exist in
no land where the principles of the common law prevail, until it is
legalized and sanctioned by a special law. Then it is permitted on
the simple ground that so much of the common law as secures liberty
and property, the right of _habeas corpus_ and freedom of speech to
each individual, has been cut out and cast away. The constitution
proceeds upon this doctrine when it provides for the recapture of
fugitive slaves. Why did it not provide for the capture of a fugitive
horse or ox? Why did it not provide that, if a horse or an ox should
escape from a slave state into a free state, it should be delivered
up, or be recoverable by legal process? Because horses and oxen are
_property_, by the common consent of mankind. It needed no law to
make them property. They are property by the law of nations, by the
English common law, by the law of every state in this Union,--_while
men and women are not_. An escaped slave could not be recovered before
the adoption of the constitution.
Public-domain text, read in full here on John Shaqi.
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