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

ufeIy Tree; LOT noione ndB ire Jolly To pre-
tend that the HEBREW servitude was negro
slavery.
C. E.s.
si.very-ws.s h - ~ ps.es
We think the United set1s hsvs sufficient
territory-much more uan We govern wsll.-
We have large quantities sf wild lands. More
than We shall need to accommodate any increase
or expansion Of population fer many years
more than can be desired for any legitimate pur-
pose Of commerce or good government. We
therefore have opposed, and sill do oppose the
acquisition Of any additional territory, either by
conquest or purchase, and We will use any and
oil fair means to prevent new acquisitions.
But while We say this, we think IL unwise TO
close our eyes and ears, 10 the ''signs Of the
times" II is our duty to lsok about US, not
only TO learn what schemes are on foot, at the
presens time, affecting our interests rs u nation
and our natural, political and relative rights as
people; but also to learn what is the prospect in
the tstHre, which promises good or evil, in order
that We may promote the good, and avert the
evil. TO make such examination is a duty
which good men owe to themselves and 10 their
country.
Now, although we are decided and uncorn-
moro territory, and Of tho extension Of slavery
beyond its present limits: yet we cannot shut
our eyes upon the fact too palpable to be denied,
that large portion Of the people are in favor Of
extending our borders, and Of bringing within
cur jurisdiction, part of the territory Of Next
CO, either by conquest or purchase, and Of in
cooperating into the Union, upon an equal foot
ing with the original States, the new territory
and people to he obtained. Notwithstanding all
the efforts of those opposes to acquisition, we
are very reluctantly forced to believe, that Next
oan territory will be obtained, and will be an
nexed TO the United States. Should this, unfor-
tunately. he the case, several questions present
themselves for consideration-questions deeply
affecting our individual as we'll as national
rights and interests. Ii territory shall be ac-
quired, what is to be done with II,
Shall Il be free territory
Shall IL be slsre territory
Or, shall it be decided between siarery and
freedsmf
To answer these questions, we must ascertain
the present condition Of tho territory and poo
pie TO be acquired, and what the law Of this
country relating TO slavery i,l
In the Constitution Of the United Ststss, we
cannot find any mention OF siars or Of siarery,
nor any grant to Congress. or 10 any other de-
partment Of the government, Of power TO estab-
lish the Institution Of Slavery. Neither STARE
nor slavery are words found In the Constitution
The omission must have been designei-it can
not have been the result Of accident. This re-
markablc silence on a subject which deeply sgi-
lated the members Of the Convention, which ca
tered into their deliberations, snd cam.
derng their efforts entirely fuitless, goes far ia
show, that i'm that body the erfensioa Of slavery
was not thought Of, although its final extinction
in the States where the institution then existed
was looked for at no distant Gay. Slavery wa,
then regarded, and has ever since been regarded
as entirely local in its character. So eminent
Statesmen Of all parties have held. SO have
held the Judges Of the Supreme Court Of the
United States, while in the discharge of theil
judicial functions on the bench, under the
solemn obligations Of their oath Of Office.
The law relating TO the institution of slavery
in the United States, and the power Of the Gen.
eral government. and Of the State governments
TO act upon it, were fully discussed, by eminent
counsel, and by the able Judges Of the Supreme
Court Of the United States, In the case from
Mississippi, of Grores and others VS.. Slaughter
published in the 18th vol. OF Pefsrs's Reports
page 507. Mr.. JusrIcr MCLEAN, in his opinion
in that case says: ''lf slaves are considered In
some Of the States as merchandise, that canno
divest them Of the leading and controlling quail
" Of persons by which they are designated IL
the Constitution. The character Of property il
given to them by the local law. This law il
respected aud all rights under it are protectes
by the Federal authorities; but the Cons,itu
ton acts upon slaves as persons and not a
property.
respectively. Ii is local In its character, and il
effects: and the transfer Of slaves cannot b
separated from this power" The same Judge
in giving the decision Of the Circuit; Court o
the United States in Indiana al May term lSl5
in the case Of Vaughan VS.. WiiIis'ns, reporte,
in No. . Of the ID roln,ne Of he Lar Journal
page g., says: "The Constitution acts upon
State, and not upon a Territory"
May we not regard Il as the settled doctrine o
the country-that slavery is the creature o
positive law, and local In Its characterize ab
soisfeiy local that person held rs slave In on
State or jurisdiction, cannot DO so held In an
other, where the Institution Of Slavery Is no
! recognised No reasonable man will preten
that Slavery Is National Institution, or tina
the Government Of the United States has any
thing to do with it as such. 1t must be regard
ed, as simply q State Institution, which cal
only be sanctioned and upheld by State Law.
| II then, as We suppose, il is true that SLAYER
| is purely local in its character, aud can only b
sanctioned and upheld by STATE authority
the Government Of the United States can have
properly, nothing to do with it, il seems inevi
tably to follow, that Congress has no power I
imstifsfe slavery where IL does not already exis
and, therefore, none to establish it In free Terri
tory, should any such be, in any way, acquires
What the States which may hereafter be iorme
in such Territory may do is another question
Congress may enforce the provisions Of III
Constitution in favor of personal liberty, bu
Congress cannot introduce slavery into an
State or Territory, unless the power to do so ca
bc found In the Constitution; for that insiru
| ment expressly declares-smeRdmeRf Article
that "The powers not delegated to the Unite
States by the Constitution. nor prohibited by
to the States are reserred TO The Stafes respective
Iy, or 10 the people"
4 Slavery does not exist In any part Of Mexic,
| II has been abolished by law. Should II unfoI
tunately happen, then, against the strong an
decided opposition Of large portion Of the pee
pie Of the United States, that Mexican territor
shall b acquired, and be by any means, brougf
within our jurisdiction, IL will be free terrier,
territory in which slavery does not exist; terri
tory into which Congress has not the power
introduce II. On what ground, then, shall "
stand in regard to Mexican territory, II, sgaini
our will, such shall be acquiredi viii the Gu
actmcnt of the Wilmot Proviso keep SLAYER
cut of the new territory Congress can use th
principle Of the Ordnance Of 1887, and of III
Proviso, In two ways. ltmay introduce the Pre-
hibition into law, but that law, like oil other
may be repealed. The two Houses may pass
Joint Resolution, declaring the abstract props
sition, that slavery ought not &c b INTRODUCES
into the new tsrritery, but that Resolution couI
have no other than moral effect, and might
| rescinded whenever majority could be secure
1 for that purpose. And u II be true, that Cor
4 grsss has no power 10 introduce slavery into Oh
territory, the right to prohibit It will be, a.