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Updated: June 29, 2025
In this wise she got news of what was passing in Connaught and Munster before most men had it, and more than one foreign ship had found her caracks waiting for it through the same means, since she held a privateer commission given her by Blake to legalize her sea-roving. Also, she had pigeons which carried return messages, chiefly to her kinsmen in Erris. "And what is your goal, Bird Daughter?"
If true, he contended it was true altogether; and that it must be taken, if taken as an axiom at all, with its largest consequences. Now, if a majority has a right to rule, in this arbitrary manner, it has a right to set its dogmas above the commandments, and to legalize theft, murder, adultery, and all the other sins denounced in the twentieth chapter of Exodus.
The older countries saw their duty more clearly, and ceased to legalize robbery on the high seas. To America the success gave an immediate position which could not easily have been gained in any other way, and, apart from its moral results, the contest with Tripoli was the most potent factor in consolidating the navy of the United States.
But this provision is of no avail to legalize slavery, for slavery must be constitutionally established, before there can be any legal slaves to be emancipated; and it cannot be established without describing the persons who may be made slaves. Kentucky was originally a part of Virginia, and derived her slaves from Virginia.
This conviction or this pretension tends to augment their force amazingly, and contributes no less to legalize their measures. Violence may seem to be excusable in defence of the cause of oppressed right. Thus it is, in the vast labyrinth of human laws, that extreme liberty sometimes corrects abuses of license, and that extreme democracy obviates the dangers of democratic government.
The Federal government, virtually say the Breckinridge party, must every where protect, but can no where prohibit slavery: The same government, in effect say the Lincoln party, must prohibit slavery, but can no where establish or legalize it: True it is, that the Breckinridge party in the 3d article of their platform say: "That when the settlers of a territory having an adequate population, form a State constitution," the State "ought to be admitted into the Federal Union, whether its constitution prohibits or recognizes the institution of slavery;" but at the same time they so construe the Dred Scott decision as to affirm that the right of property in slaves is guaranteed by the Federal constitution, and therefore protected every where, where that constitution is the supreme law.
As we know, Birney had given expression to a similar conviction of the impossibility of maintaining both liberty and slavery in this country, but Lincoln spoke at a time when the whole country had been aroused upon the great question; when it was still uncertain whether slavery would not be forced upon the people of Kansas; when the highest court in the land had rendered a decision which was apparently intended to legalize slavery in all Territories; and when the alarming question had been raised whether the next step would not be legalization in all the States.
His second commission, therefore, bears date on the 3d January, 1823, and the interposition of the Legislature becomes necessary to legalize his official acts in the interval between 3d March, 1822, and that time, a subject which I recommend to the consideration of Congress.
If Congress cannot constitutionally impair the right of private property, or take it without compensation, it cannot constitutionally, legalize the perpetration of such acts, by others, nor protect those who commit them. Does the power to rob a man of his earnings, rob the earner of his right to them?
On this principle, so long as slaves are "chattels personal" in Virginia and Maryland, Congress could not make them real estate, inseparable from the soil, as in Louisiana; nor could it permit slaves to read, nor to worship God according to conscience; nor could it grant them trial by jury, nor legalize marriage; nor require the master to give sufficient food and clothing; nor prohibit the violent sundering of families because such provisions would conflict with the existing slave laws of Virginia and Maryland, and thus violate the "good faith implied," &c.
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