Page:Speeches, correspondence and political papers of Carl Schurz, Volume 1.djvu/161

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1860]
Carl Schurz
127

But I am told that the slave States are sovereign, and may shape and govern their home concerns according to their own notions, subject only to the Constitution of the United States. Granted. But the necessities of slavery do not stop there. The slave States are members of a federal family, and as the King of Naples in his foreign policy is governed by his peculiar interests, so is the policy of the slave States in our federal affairs governed by their peculiar necessities.

I hear much said of the aggressive spirit of the slave power, but I am inclined to acquit it of that charge, for all its apparently aggressive attempts are no less dictated by the instinct of self-preservation than are the most striking features of its home policy.

Let us listen to the slaveholder again. He says: “What will become of the security of our slave property, if inside of this Union a slave may finally escape from the hands of his master, by simply crossing the line of his State? But the fanatical anti-slavery spirit prevailing in the free States will avail itself of every facility the common legal process affords, as the trial by jury and the writ of habeas corpus, to aid the fugitive in his escape. We are, therefore, obliged to demand such legislation at the hands of the general government as will remove these obstacles thrown in the way of the recapture of our property, and oblige the citizens, by law, to assist us in the re-apprehension of the fugitive.” So the trial by jury and the writ of habeas corpus will have to yield, and the good old common-law principle, that in all cases concerning life and property the presumption be in favor of liberty, goes by the board. This may seem rather hard, but is it not eminently consistent?

The necessities of slavery do not stop there. Let us hear how the slaveholder proceeds. “In order to obtain such legislation from our national councils, it is necessary