Slavery -- United States; United States -- Politics and government -- 1849-1853
Again; if the master carries into California the legal right to hold
slaves, which he possessed at home, does not the slave also retain
his legal rights when he is transferred there? The laws which govern
slaves are as various as the states where they exist. In some states
manumission is comparatively unobstructed. In Delaware, it is a penal
offence even to sell a slave to a notorious slavedealer. In Georgia,
the law forbids, or lately forbade, the importation of slaves for sale.
Now, how can a Georgian import slaves into California from Georgia,
when the very laws of his own state, under which he claims to hold
slaves, and under which laws he claims to carry slaves with him, forbid
their importation?
And further, political franchises or privileges are just as much a
part of a man’s rights as any tangible commodity. In South Carolina,
the ownership of ten slaves constitutes a property qualification
for being a member of the legislature. On removing to California,
will the citizen of South Carolina, who owns ten slaves, carry an
eligibility to the legislature of California with him? Nay, this
political privilege in South Carolina goes further. It is a right in
every owner of ten slaves, that no man who does not own ten slaves,
(or some legal equivalent,) shall be a member of the legislature.
The aspirant for office has a legal right in the limitation of the
number of his competitors, as much as in any thing else. Can he carry
_this_ to California with him? The inference is inevitable, that if
the inhabitants of the fifteen slave states can carry slaves into
California by virtue of the laws of their respective states, then they
must also carry all the incidents of slavery known to their respective
codes. For, how can the incident be separated from the principal? You
might, therefore, have, in a neighborhood of fifteen families, fifteen
slave codes in operation at the same time,--a manifest absurdity.
The conclusion, then, is irresistible, that when you come to the
boundary line between a slave state and a free state, you come to
the boundary line of slavery itself. On one side of the line, down
to the nadir and up to the zenith, the blackness of the slave code
pervades all things; but, on the other side, as high above and as deep
below, is the purity of freedom. Virginia cannot extend her laws one
hair’s breadth over the line into Pennsylvania or into Ohio, because
their soil is beyond her jurisdiction. So neither Virginia, nor all
the fifteen slave states combined, can extend their slave laws one
hair’s breadth into the new territories; and for the same reason,--the
territories are beyond their jurisdiction.
Public-domain text, read in full here on John Shaqi.
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