Slavery -- United States; United States -- Politics and government -- 1849-1853
Yet, sir, notwithstanding all this legislation of Congress for the
territories, on the subject of slavery itself; notwithstanding
its legislation on a great class of subjects of which slavery is
acknowledged to be one; notwithstanding its appointment, in some
cases, of the legislative power of the territory,--making its own
agent, the governor, removable at pleasure,--giving him a veto, in
the first place, and reserving to itself a veto when he has approved;
notwithstanding the exercise, in other cases, of full, absolute
sovereignty over the inhabitants of the territories, and all their
interests; and, notwithstanding such has been the practice of the
government for sixty years, under Jefferson, Madison, Monroe, Jackson,
and others, it is now denied that Congress has any right to legislate
on the subject of slavery in the territories. Sir, with a class of
politicians in this country, it has come to this, that slavery is the
only sacred thing in existence. It is self-existent, like a god, and
human power cannot prevent it. From year to year, it goes on conquering
and to conquer, and human power cannot dethrone it.
Sir, I will present another argument on this subject, and I do not see
how any jurist or statesman can invalidate it.
Government is one, but its functions are several. They are legislative,
judicial, executive. These functions are coördinate; each supposes the
other two. There must be a legislature to enact laws; there must be a
judiciary to expound the laws enacted, and point out the individuals
against whom they are to be enforced; there must be an executive arm
to enforce the decisions of the courts. In every theory of government,
where one of these exist, the others exist. Under our constitution they
are divided into three parts, and apportioned among three coördinate
bodies. Whoever denies one of these must deny them all.
Public-domain text, read in full here on John Shaqi.
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