tution recognize the institution of slavery as part of the
common law. For then slavery goes wherever the common law goes. Its
rights under this provision are not confined to the territories. Once
established, these may be enforced in a free State just as well. It is
the old proposition over again, which has come before the American
people so many times under so many different guises. It makes slavery
national, freedom sectional. If this is so, if such is the
construction which it is intended this section shall receive, why not
state it openly? why leave it as a question of construction?

This construction involves other considerations. This new kind of
common law is to be substituted for the old. The latter has been
understood for centuries almost. Its principles have been discussed
and settled. It is a system founded by experience, and adapted to the
wants of the people subject to it. Its very name implies that it was
not created by legislative authority. A strange common law indeed that
would be which is _created by the Constitution_.

But this is not all. Other principles of the common law are subject to
change. They are adapted to the advance of civilization, to the wants
of communities. Change is the universal law of nature. This new kind
of common law is alone to be perpetual.

It is not my purpose to enter into a general discussion of the
subject. This point struck me as important, as needing elucidation. If
I am wrong in this construction, the committee will correct me.

Mr. EWING:--The proposition contained in the first article of the
proposed amendment, is copied from the CRITTENDEN resolutions in
substance. It is true that the language is somewhat changed, but the
legal effect is identical in both the propositions. The term
"_status_" &c., as there used is not applicable to all the territory
of the United States. It only extends to that portion of the territory
south of 36 deg. 30'. It crushes out liberty nowhere. It changes
nothing--no rights whatever. Again, whatever may be the _status_ of
the person in the State from which he comes, _that_ is preserved in
the territory, and that alone. It is precisely similar to the case of
a contract to which the _lex loci_ gives the construction, and the
_lex fori_ its execution.

I like the common law. I have made it my study. I like the use of this
term here. It was a good system when not as perfect as it is now. The
common law of England even tolerated slavery u