The examiner. [volume] (Louisville, Ky.) 1847-1849, 1847-10-23

befctse 81 legitimate power. and according to tn
Censtitution and the law Of the land.
i II. then, 10 has been shown, - We think
Ihs, - .s ai1'a
!. That slavery cannot Be Introduced into an
territory, now free. except by positive Law.
= That Congress has NO power 10 enact suel
law.
II follows, that in this case as in the one res
Pecting the principle Of the prohibition In IN.
Ordinances Of 1857 and in the Wilmet Proviso
that Congress a. Legislative body, has lsft "a
u no other than deeisvsfory function, which
may estabiish the great fundamental doctrine
that slavery 10 local, and that the government Of
the United States esRsof Introduce IL into tsrri-
tory NOW FREE. II so, will not this be the
strong ground for those opposed to slavery TO
occupy Let us bear In mind that the new ter
ritoryis free territory, and that Congress has
not the power TO make Il slave territory And,
therefore IL this free territory shall be made
sfsve territory, 1t can only be by the concurrine
vote of majority Of the people Of the territory
and Of the two Houses Of Congress. To effect
this change direct vote on the question will BE-
necessasy-s direct cote 10 infrodxee slsuery iass
. free essnfry-s oste schers there esm Be No
dodgiRg!
Let calmly consider this matter. Let a
examine the subject NEUTRALITY-SUSPICIOUS. ali the
various propositions connected with the great
question Of extending slavery on liz own account,
apd in reference to the political power such ex-
tension will carry with il; and, having done 20,
determine upon the course best TO be pursued
Cincinnati Gassffe.
Chief Justice fancy In Graves ct al w.
Slaughter Is, Peters 507, says:
'.ln my judgme Mt. the power over this subject
Is exclusively with the several States; and each
- 4
1t will or not allow persons Of this description
. be brought within its limits. from another
State, either for sale, or for any other purpose:
and also, TO prescribe the manner and mode in
which they may be introduced, and to determine
their condition and treatment in their several
territories: and the action Of tho several States
upon this subject, cannot be controlled by Con-
gress, either by virtue Of its power to regulate
commerce, or by virtue Of any other power con-
ferred by the Constitution Of the United States"
Judge Mclean says:
"The Constitution treats of slaves as persons
The views of Mr.. Madison, who thought il
wrong to admi! in the Constitution, the idea that
there could be property in men," .'seems to have
been carried out in that most important instru-
ment- Whether slaves are referred to In il, AZ
the basis OF represe NATION, as migrating. or be-
ing imported, or as fugitives from labor they are
spoken Of as persons
Property, real or personal takes its desiyna-
ton and character from the laws Of the States
IL was not the object Of the federal goyernme Mt
to regulate property. Afederal government was
organized by comforting on IL certain delegated
powers, and by imposing certain restrictions on
the States. Among these restrictions it is pro-
vided that no State shall impair tine obligation of
contract, nor liberate person who Is held to
labor in another State from which he escaped.
In this form the Constitution protects contracts
and the right Of the master, but il originates
neither
"Mr. Clay, in his Raleigh Speech, made in
lisa, put forth a declaration of what he sup
posed Were Wing principles. His creed re-
speeding the slavery question was,
1. That Congress had no power or authority
over the institution Of Slavery.
| ,. That the existence, maintenance, and con-
tnuance of the institution depeads exclusively
upon the power and authority of the respective
States In which Il is situated" This he urged
In opposition to the doctrine of Mr.. Upshur and
Mr.. Calhoun. both Of whom had declared ''the
support and extension of slavery to he the duty
VI ine eoerai Government