"There shall be neither slavery nor involuntary servitude in any of the Territories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in the punishment of crimes," etc.
The subject had been brought forward at every session of Congress for a number of years, and was uniformly resisted by the advocates of equality among the States. We claimed an equal right with the other States to the occupation and settlement of the Territories which were the common property of the Union; and that any infringement of this right was not only a violation of the spirit of the Constitution, but destructive of that equality of the States so necessary for the maintenance of their Union. We further claimed our right under this express provision of the Constitution:
"The Congress shall have power to dispose of and make all needful rules and regulations respecting the Territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular States." [48]
The obstinate resistance of the consolidation school to our views was an evidence of their aggressive purposes, and justified still further our apprehensions of their intention to violate our constitutional rights.
Another step taken to accomplish the emancipation of our slaves was the passage by Congress of an act making an additional article of war for the government of the army of the United States. It was in these words:
"All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due; and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service."
The Constitution of the United States expressly declares that all such persons
"Shall be delivered up on claim of the party to whom such service or
labor may be due." [49]
In this instance Congress passed an act declaring that they shall not be delivered up on such claim; and, as a penalty for disobedience, any officer of the army or navy should be dismissed from the service. Thus an act of Congress directly forbade that which the Constitution commanded. A more flagrant outrage upon the constitutional obligation could not be committed.
But, it may be said, a state of war existed. That does not diminish the crime of the Congress. The commands of the Constitution are positive, direct, unchanged, and unrelaxed by circumstances. They are equally in force in a state of war and in a state of peace. The powers are delegated, and can not be amended or changed by war or peace. Its words are these: