XXVI

THE STATUS OF THE CONTROVERSY REGARDING

SLAVERY AT THE TIME VIRGINIA SECEDED

FROM THE UNION

In considering the status of the controversy with respect to slavery

just prior to the Civil War, and whether Virginia in seceding was

actuated by a desire to extend or perpetuate the institution, it will

assist to a clearer understanding if we present in detail the several

phases over which conflicts had arisen, and the parties to the same.

The right and obligation of the Federal Government to prevent, by

legislation, slaveholders from emigrating into the territories with

their slaves; the duty of the Federal Government to provide through

its officials for the capture and return to their owners of fugitive

slaves; and the existence or abolition of slavery in the Southern

States—these constituted the three principal subjects of discussion

and points of conflict.

Coupled with this three-fold aspect of the problem, Virginia was

confronted by four factors, more or less potential in their relation

to the subject—the Federal Government, the Republican Party, certain

of the Northern States, and the Abolitionists.

With respect to the Federal Government, neither Virginia nor her

slaveholders could lodge any complaint.

The compromise measures of 1850 had accorded slaveholders the right to

carry their slaves into the territories of Utah and New Mexico (which

embraced the present states of Nevada, Utah, a portion of Colorado,

and the present territories of Arizona and New Mexico); while the

Kansas-Nebraska Bill, enacted in 1854, repealed the restrictions

imposed by the Missouri Compromise.

Independent of these measures the Supreme Court of the United States

had, in 1857, in the Dred Scott case, decided that slaveholders

possessed the right under the constitution, to carry their slaves into

the territories, and that Congress could not deprive them of it. In

like manner, the Federal Government had enacted a fugitive slave law

with most efficient provisions for its enforcement by Federal

officials, and, finally, the continued existence of slavery in

Virginia found a sure defense from illegal assaults in the Federal

Constitution and the power and obligation of the National Government

to maintain its provisions.

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