Slavery -- United States; United States -- Politics and government -- 1849-1853
But all this is tedious and superfluous. I have gone into this detail,
because I understand the gentleman from Virginia [Mr. BAYLY] to have
denied this adoption and these recognitions of the ordinance. I hazard
nothing in saying that the ordinance of 1787 has been expressly
referred to as valid, or expressly or impliedly reënacted, a dozen
times, by the Congress of the United States; and, in the state courts
of Ohio, Illinois, Louisiana, Mississippi, and Missouri, it has been
adjudged to be constitutional. How, then, is it possible for any mind,
amenable to legal rules for the decision of legal questions, to say
that Congress cannot legislate, or has not legislated, (except once or
twice inadvertently,) on the subject of slavery in the territories?
On this part of the argument, I have only a concluding remark to
submit. The position I am contesting affirms generally that Congress
cannot legislate upon the subject of slavery in the territories.
The _inexpediency_ of so legislating is further advocated on the
ground that it is repugnant to democratical principles to debar the
inhabitants of the territories from governing themselves. Must the free
men of the territories, it is asked, have laws made for them by others?
No! It is anti-democratic, monarchical, intolerable. All men have the
right of self-government; and this principle holds true with regard to
the inhabitants of territories, as well as the inhabitants of states.
Now, if these declarations were a sincere and honest affirmation of
human rights, I should respect them and honor their authors. Did
this doctrine grow out of a jealousy for the rights of man, a fear
of usurpation, an assertion of the principle of self-government, I
should sympathize with it, while I denied its legality. But, sir, it
is the most painful aspect of this whole case, that the very object
and purpose of claiming these ample and sovereign rights for the
inhabitants of the territories is, that they may deny _all_ rights to
a portion of their fellow-beings within them. Enlarge, aggrandize, the
rights of the territorial settlers! And why? Because, by so doing, you
enable them to abolish all rights for a whole class of human beings.
This claim, then, is not made for the purpose of making freemen more
free, but for making slaves more enslaved. The reason for denying to
Congress the power to legislate for the territories, is the fear that
Congress will prevent slavery in them. The reason for claiming the
supreme right of legislation for the territorial inhabitants, is the
hope that they will establish slavery within their borders. Must not
that democracy be false which begets slavery as its natural offspring?
* * * * *
If it has now been demonstrated that Congress has uniformly legislated,
and can legislate, on the subject of slavery in the territories, I
proceed to consider the next question. _Is it expedient to exclude
slavery from them?_
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