d relation; but the same shall be subject
to judicial cognizance in the Federal courts, according to
the course of the common law."
"In all the present territory south of that line, the _status_ of
persons held to involuntary servitude or labor, as it now exists,
shall not be changed." What is the meaning of that word "_status_"?
What is the _status_? The word _status_ may be applied to different
things; there may be a local _status_ or a political _status_. In some
countries a slave may hold property, and, in a certain form, sue; in
others, he cannot. Or it may be the social and legal relation, that of
the slave to his master, which constitutes the _status_ that is
referred to; and I presume it is that which it is declared shall not
be changed. But, sir, shall not be changed by whom? By Congress? It
does not say so. By the Territorial Legislature? It does not say so in
terms. Does it mean that it shall not be changed by Congress or by the
government of the Territory? Does it mean that it shall not be changed
at all by anybody? Does it mean the master shall not emancipate him if
he chooses? Is it an absolute prohibition of any change of the
_status_ of the slave, of any sort or description?
These are the terms which we are obliged to resort to in order to
escape from the manly declaration of the CRITTENDEN resolution, that
south of that line slavery shall be recognized and protected. It was
eminently proper, as we excluded them north of it, that our
institutions should be recognized and protected south of that line.
That, sir, was plain English; that everybody could understand; but
here we are interpolating law Latin into the Constitution; this word
"_status_" is introduced; and who is to determine what the _status_
was? I thought it had been considered a march forward, a step of
progress, an evidence of improvement in English legislation, when it
abandoned Norman French and law Latin, and resorted to the mother
tongue; and especially it should be so, when we are making
constitutions for American people of English descent, and who speak
the English tongue. A constitution is for the millions, and the
millions should be able to understand it.
But, Mr. President, let us proceed a little further. This whole matter
is to be subject to judicial cognizance in the Federal courts,
according to the course of common law. That embraces the right of the
master to his slave as a matter of cognizance under the common l
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