rohibit it as to future acquired territory,
where it is established or recognized. Will not the inference be
claimed from such an expression, that where it is not established and
not recognized, they may prohibit it? Will it not be said that the
expression of one exception to the power of Congress to prohibit
slavery in the Territories excludes the idea of an exception to that
power when slavery is not recognized in the Territories?
Mr. COLLAMER:--If the gentleman will indulge me a moment, I desire to
say that is a section declaring that Congress shall not abolish
slavery in the dock-yards, &c., in the States where it is recognized.
There is nothing in it about future acquired territory.
Mr. HUNTER:--This third section applies not only to present but to
future acquired territory. It is not confined, like the first section,
to the territory at present acquired. It is not confined to dock-yards
and arsenals in the Territories and States. If the Senator will
examine it, he will find that it is applied to all places where the
United States have exclusive jurisdiction. "Exclusive jurisdiction" is
the word. Will it not be claimed that they have exclusive jurisdiction
in the Territories of the United States? Will not those who have the
power to construe, and carry out their construction, so construe it?
Will they not say it is a prohibition to Congress to prohibit slavery
where it is recognized in the Territories or States, but not a denial
of the right to prohibit slavery in Territories where it is not
recognized by law, although that Territory may be vacant and
uninhabited?
Mr. COLLAMER:--That clause of the section is, that Congress shall not
have power--
"To interfere with or abolish involuntary service in places
under the exclusive jurisdiction of the United States within
those States and Territories where the same is established
or recognized."
That, so far as I have read, is confined only to where they have local
jurisdiction in the States holding slaves.
Mr. HUNTER:--I thought so at first myself; but the Senator will find,
on a further examination, I think, that he is mistaken. They shall not
prohibit it wherever they have exclusive jurisdiction in places where
slavery "is established or recognized." It is not confined to
dock-yards, forts, and arsenals. Why should it be in the Territories?
They have exclusive jurisdiction over the whole. There is reason for
confining it to dock-yards i
|