tain of his natural rights for the benefit of
the whole, and in consideration thereof the
government undertook to protect him in all
of his rights, particularly those of life, liberty
and property. This consideration being the
inducement to the compact, any government
necessarily looses its force and virtue, and
entirely fails of the purposes for which it was
formed, when it does not secure to the citi-
zen support and protection in those rights.
And no government can expect from its citi-
zens either obedience or support, which fails
or is incapable of giving this protection.
Burke, in one of his must beautiful and forci-
bly written letters, takes the ground that man
would have been more happy and would have
occupied a higher social condition had he re-
mained in a state of nature. He forcibly ar-
gues that all the bloodshed, troubles, and
difficulties to which main has been subjected,
are to be attributed to the formation of polit-
ical and church governments. Whilst I can-
not entirely agree with him in his conclu-
sions, although they are supported by pow-ful
reasoning and almost convincing proof,
yet it must be admitted by all who under-
stand anything of the philosophy of govern-
ment, that man would be better in a state of
nature than the subject of any State or gov-
ernment which fails or is incapable of giving
him protection.
This, Mr. President, is a sad reflection to
one who felt that interest in our institutions
which true patriotism alone inspires, and
who entertain an abiding hope in the great-
ness and future growth and happiness of his
country. Like John Quincy Adams, I would
sooner that my eyes had been closed in death
than to have witnessed the present condition
of our once happy land; a condition which
all the statesmen of the past predicted would
arrive, when the politics of the country
should become entirely sectional, which un-
fortunately was the case at the last presidential
election. To reflect, for a moment upon the
degraded condition to which the politics of
our State and country has fallen, the demo
ralization prevailing everywhere, and the
hands into which the direction and control
of affairs are placed, is the only solution to
the injustice which this measure proposes to
inflict upon us.
If a domestic institution, recognized am
protected by the law, by what authority is it
now attempted to be wrested from us? Is it
by any authority of the Constitution and
laws of tire United States, or of the State of
Maryland? I deny that any such authority
exists.
It is true, that in time of war, in time of
invasion by a public enemy, during the ex-
istence of martial law, private property may
be taken for public use without the consent
of the owner. This is from military necessi-
ty, but Story, and all the other writers upon
constitutional law, lays down the principle |
as fully established and recognized by all the
civilised nations of the earth, that in all
cases to justify it there must be a preseat
overruling necessity for so doing, and in
every case the owner of the property is en-
titled to compensation from the government.
I understand that the government claims
the right to take possession of the able-bodied
slaves, such as are capable of bearing arms,
under this war power, as a military neces-
sity, treating them of course as property.
All such, of course, the government of the
United States are responsible for to the own-
ers. But the government in its policy has
gone further; they now not only take those
capable of bearing arms, but they forcibly
take and declare tree the families of those
who enlist; they offer inducements to slaves of
every age and sect to leave their owners and.
repair to Washington city, where a depot is
established for them, and they are supported
at the cost of the government; and they re-
fuse to deliver them to their owners upon due
process of law. It is true, that as a domestic
institution the people of the State may abol-
ish it, but there must appear a present ne-
cessity for so doing, and in all cases a just
compensation must be awarded to the owner.
Will the gentleman from Baltimore city (Mr.
Stockbridge) show us when he comes to make
his speech, any law or precedent authorizing
the infliction of such an outrage upon the
citizen? I defy him to show either law or
precedent as ever recognized or practiced by
civilized nations. I also admit that the pro-
perty of any citizen who may be guilty of
treason against the government may be con-
fiscated under existing laws, but this can only
be done by the United States Courts upon
due proof, after a full and fair hearing, in
which the party accused must have the aid
of counsel, processes for his witnesses, and
trial by jury if he requires it.
This, Mr. President, is a most important
question, and we may well hesitate and ask
ourselves if we are, in the present unsettled
condition of the country, in the excited state
of the public mind, growing out of the daily
scenes of butchery, bloodshed, desolation,
and destruction passing around us, in a pro-
per state of mind to enter upon this change,
or to fully and fairly consider it in all of its
bearings, as it may affect, tire present as well
as the future. I sincerely think we are not
now in that frame of mind to attempt such
an important change; we cannot raise our-
selves above the passing scenes and the pas-
sion and prejudices which they necessarily
produce, to enable us to give the question
that calm, dispassionate, and wise conridera-
tion which its importance demands. We had
better let well enough alone.
A great deal has been said here in reference
to the present condition of the slaves and the
benefits which will be conferred upon them in
case they are manumitted in the State. Is |
