The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
The Senator from Illinois assumes that the congressional acts of 1850
meant no legislation in relation to slave property; while, in the face of
that declaration, stand the laws enacted in that year, and the promise of
another, which has not been enacted--laws directed to the question of
slavery and slave property; one even declaring, in certain contingencies,
as a penalty on the owner, the emancipation of his slave in the District
of Columbia. If no action upon the question was the prevailing opinion,
what does the legislation mean? Was it non-action in the District of
Columbia? Be it remembered, the resolution of the Cincinnati platform
says, "Non-interference, by Congress, with slavery in State and Territory,
or in the District of Columbia." They are all upon the same footing.
Again, he said that the Badger amendment was a declaration of no
protection to slave property. The Badger amendment declares that the
repeal of the Missouri Compromise shall not revive the laws or usages
which preëxisted that compromise; and the history of the times, so far as
I understand it, is, that it intended to assure those gentlemen who feared
that the laws of France would be revived in the Territories of Kansas and
Nebraska, by the repeal of the act of 1820, and that they would be held
responsible for having, by congressional act, established slavery. The
Southern men did not desire Congress to establish slavery. It has been our
uniform declaration that we denied the power of the Federal Government
either to establish or prohibit it; that we claimed for it protection as
property recognized by the Constitution, and we claimed the right for it,
as property, to go, and to receive federal protection wherever the
jurisdiction of the United States is exclusive. We claim that the
Constitution of the United States, in recognizing this property, making it
the basis of representation, put it, not upon the footing which it holds
between foreign nations, but upon the basis of the compact or union of the
States; that, under the delegated grant to regulate commerce between the
States, it did not belong to a State; therefore, without breach of
contract, they can not, by any regulation, prohibit transit, and the
compact provided that they should not change the character of master and
slave in the case of a fugitive. Could Congress surrender, for the States
and their citizens, the claim and protection for those or other
constitutional rights, against invasion by a State? If not, surely it can
not be done in the case of a Territory, a possession of the States. The
word "protecting," in that amendment, referred to laws which
preëxisted--laws which it was not designed, by the Democrats, to revive
when they declared the repeal of the Missouri Compromise; and, therefore,
I think, did not affect the question of constitutional right and of
federal power and duty.
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