Slavery -- United States; United States -- Politics and government -- 1849-1853
As to the argument that the constitution of the United States
recognizes slavery, and that, upon the cession of new territories, the
constitution, by some magical and incomprehensible elasticity, extends
itself over them, and carries slavery into them, I think I speak with
all due respect when I say it does not come up to the dignity of a
sophism. Where do strict constructionists, or even latitudinarian
constructionists, find any clause, or phrase, or word, which shows that
the constitution is any thing but a compact between _states_? Where do
they find any thing that shows it to be a compact between territories,
or between territories _and_ states conjoined? On its very face,
the constitution meets this pretension with a denial. The preamble
declares, “We the people of the United States,”--not the people of
the territories, nor the people of the states _and_ territories,--“in
order to form a more perfect Union,”--“do ordain and establish this
constitution for _the United States_ of America.” If the constitution
is a compact between the United States _and_ the territories, then
the people of the territories have all the rights under it which the
people of the states have,--the right to choose electors for President
and Vice-President, &c., and to be represented in Congress by a member
who can vote as well as speak. The only way in which the constitution
ever was extended, or ever can be extended over any part of the earth’s
surface outside of the “original thirteen,” is this: The constitution
in express terms authorizes the admission of new states, and therefore,
when a new state is admitted, it becomes one of these “United States of
America.” The constitution does not extend over the territories, but
Congress, being the creature of the constitution, is, when legislating
for the territories, not only invested with constitutional powers, but
is limited by constitutional restrictions.
It would have been a much more plausible pretension, when the purchase
of Louisiana and Florida was made, that the constitution carried
freedom into those territories; because the constitution was built upon
the basis of the common law, and, in terms, adopts the common law for
its legal processes and its rules of judicial interpretation; and every
body knows that there is no principle more dear to the common law than
that all treaties, statutes, and customs shall be construed in favor of
life and in favor of liberty.
Having, as I trust, refuted the argument of the slaveholder, that the
prohibition of slavery in the territories is an act of injustice to
his rights, I will consider his next assertion, that it is an insult
to his feelings. We are told that the exclusion of slavery from the
territories is an affront to the honorable sensibilities of the south;
and that acquiescence in this exclusion would involve their dishonor
and degradation.
Public-domain text, read in full here on John Shaqi.
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