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He announced the proposition afterwards established by the Supreme Court, that, as the Constitution proprio vigore carried slavery into all the Territories, neither the territorial legislatures nor Congress itself had power to interfere with the right of holding slaves within them.
Ship under U.S. colours and register. Cargo, white pine lumber, laden on board at the port of New York. The cargo was shipped by Edward F. Davidson, who appears, from the statement of the master, to be a large lumber dealer, and is consigned to Messrs. Zimmerman, Faris, and Co., at Monte Video, or Buenos Ayres. Annexed to the bill of lading is what purports to be an affidavit sworn to before "Pierrepont Edwards," who signs himself as "vice-consul." Above his name are the words, "by the consul," from which it appears he professes to act for the consul, and not for himself as "vice-consul." The affiant is Joseph H. Snyder, who describes himself as of "128, Pearl Street, New York." He states that the cargo was shipped by Edward F. Davidson, "for and on account of John Fair and Co., of London, &c." First, as to the form of this affidavit. A vice-consul is one who acts in place of a consul when the latter is absent from his post; and when this is the case, he signs himself as vice-consul, and his acts take effect proprio vigore, and not as the acts of the consul which this act purports to do. Further, the Master was unable to verify this document, which, to give it validity, he should have been able to do he declaring that he could not say whether it was a forgery or not. "Although, as has been said, the ship's papers found on board are proper evidence, yet they are so only when properly verified; for papers by themselves prove nothing, and are a mere dead letter if they are not supported by the oaths of persons in a situation to give them validity." 3rd Phillimore, 394. Further, "Valin sur l'Ordonnance" says, "Il y a plus, et parceque les pièces en forme trouvées abord, peuvent encore avoir été concertées en fraude, il a été ordonné par arrêt de conseil du 26 Octobre, 1692, que les dépositions contraires des gens de l'équipage prís, prévaudrojent
But the difficulty is, the courts long since decided that the constitutional provisions do not act upon the citizens, except as guarantees, ex proprio vigore, and in order to give practical force to them there must be legislation.
It was a deliberate hold-up, justified only by the exigencies of the case, as Walker admitted. But could Congress thus extend the Constitution, by this fiat? questioned Webster. The Constitution extends over newly acquired territory proprio vigore, replied Calhoun. Douglas declined to enter into the subtle questions of constitutional law thus raised.
But the difficulty is, the courts long since decided that the constitutional provisions do not act upon the citizens, except as guarantees, ex proprio vigore, and in order to give force to them there must be legislation.... Therefore, the point is for the friends of woman suffrage to get congressional legislation."
Does the foreign slave code continue to exist proprio vigore in the absence of express recognition by the Federal government; or does the force of the constitution itself annul upon the acquisition of the territory, the local law of slavery, and abrogate all treaty or legislative provisions, if any, for its continuance?