Slavery -- United States; United States -- Politics and government -- 1849-1853
Does it not seem almost incredible that a defender and champion of
slavery should deny the power of Congress to legislate on the subject
of slavery in the territories? If Congress has no such power, by
what right can a master recapture a fugitive slave escaping into a
territory? The constitution says, “No person held to service, or
labor, in one _state_, escaping into another,”--that is, another
_state_,--“shall be discharged from such service, or labor,” &c. The
act of 1793, chapter 7, § 3, provides that when a person held to labor,
&c., “shall escape into any other of the said states, _or territory_,”
he may be taken. By what other law than this can a runaway slave be
retaken _in a territory_? If Congress has no power to legislate on the
subject of slavery in any territory, then, surely, it cannot legislate
for the capture of a fugitive slave in a territory. The argument cuts
both ways. The knife wounds him who would use it to wound his fellow.
Further than this. If slavery is claimed to be one of the common
subjects of legislation, then any legislation by Congress for the
territories, on any of the common subjects of legislation, is a
precedent, going to prove its right to legislate on slavery itself. If
Congress may legislate on one subject belonging to a class, then it
may legislate on any other subject belonging to the same class. Now,
Congress has legislated for the territories on almost the whole circle
of subjects belonging to common legislation. It has legislated on the
elective franchise, on the pecuniary qualifications and residence of
candidates for office, on the militia, on oaths, on the _per diem_
and mileage of members, &c., &c. By statute 1811, chapter 21, § 3,
authorizing the Territory of Orleans to form a constitution, it was
provided that all legislative proceedings and judicial records should
be kept and promulgated in the English language. Cannot Congress make
provision for the rights of the people, as well as for the language in
which the laws and records defining those rights shall be expressed?
Any language is sweet to the ears of man which gives him the right of
trial by jury, of habeas corpus, of religious freedom, and of life,
limb, and liberty; but accursed is that language, and fit only for
the realms below, which deprives an immortal being of the rights of
intelligence and of freedom; of the right to himself, and the dearer
rights of family.
But all this is by no means the strongest part of the evidence with
which our statutes and judicial decisions abound, showing the power of
Congress to legislate over territories. From the beginning, Congress
has not only legislated over the territories, but it has appointed and
controlled the agents of legislation.
Public-domain text, read in full here on John Shaqi.
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