The examiner. [volume] (Louisville, Ky.) 1847-1849, 1847-10-23
Territory or No Territory.
The Mobile Herald (Whig) saws:

nc fuooho kicfeiu 4 " uisJ says.
"For the territory principle, 1t may be
said, that il efiectually evades the discussion Of
the w ilmot Proviso, and oil the evils which must
fellow in IFS train. This is a very great recon-
mendstion: but il involves another considera-
ton. II would be compromise ON the part Of
the South II would be equivalent ~ saying,
we will reject an undoubted good for fear that
receiving il may tempt our enemies 10 overleap
the laws, and rhas dsunite the country. This
is yielding right TO avoid giving tyrannous
majority an opportunity to do great wrong"
The Cincinnati Gazette, in clear and able
article (Which we publish on first page) shows
that another view may be taken Of this great
question, and We wonder that it has not been
presented before. We call the attention of
Southern Statesmen TO il, and especially that Of
our able lawyers. In order that it may not escape
them,we present it in brief "a liberty which our
friends of the Gazette will excuse, even though
we weaken the force Of their argument) and, in
such form, as will enable all TO understand
clearly the view.
Under the proposition 10 acquire territory,
these questions arise:
Shall this territory be free territory
Shall il be Stare territory
Shall it be dirided between slarery and free
dom?
To answer these questions fairly, we must de-
termine what the Law declares.
1t is agreed, that slavery is the creature of
positive law, and local in its charaeier--so abso-
lafeiy local that person held as a slave, in one
jurisdiction, cannot be SO held in another, where
the institution is not Organized.
Ii is agreed, also, that the Government of the
United States has nething to do with slavery as
a National Instituiion--that il is wholly, and
necessarily, State Institution, which can only
be sanctioned and upheld Ivy STATE Law.
II slavery be local, if the Government Of the
United States can have, properly, nothing to do
with it, it follows: that Congress has no power
10 institute slavery where it does not exist and,
none TO establish il in Free Territory
which may be acquired. What the States NAV
DO, when organized in such territory, is another
question, which can be considered when it sri-
SOS.
THIS, then, is the conclusion:
LIST That slavery connot be introduced in any
territory, now free, except by Bositire law.
End That Congress has no pOlcer to enact
sucn law.
Congress may enforce the provisions Of the
in favor of personal freedom; but
it cannot introduce slavery against the Consti-
tuition. Mr.. Justice MCLEAN on circuit, and at
has decided:
''f slaves are considered in some of the
States as merchandise, that cannot divest them
Of the leading and controlling quality of persons
by which they are designated in the Constitu-
ton. The character of property is given To
them by the local law. This law is respected,
and all rights under il are protected by the Fed
eral authorities; but the Constitution acts upon
slaves as persons and not as property"
Again
"The power over slavery belongs to the
States respectively. Ii is local IN its character,
and its effects; and the transfer Of slaves can
not be separated from this power"
Again
"The Constitution acts upon a State, and not
upon Territory"
DO not these decisons--do not the principles
in thsn-as regards human seni-
tude,-leaye 10 legislation no other than
function, and establish as great fun
doctrines, that slavery is local, and
that the Government Of the United States can
not introduce it into territory now fresl II SO,
IS not this the true and strong groundl Is it
not the only safe ground for Statesmen to oc-
ruPyl Ii is Constitutional platform on which
all parties may rslIy-a platform on which
hey will End and HAVE a sure and Just founda-
lion, and with il, conciliatng, but yet glorious
national spirit.
The Mobile Herald must perceive, if this
'iew be correct, that there will be no s'evs-
'ion"-"no compromise the part Of the
tyrannous majority at the
North, doing, or seeking to do, "a great wreng.''
The iar Of the land settles the question. Yet in
iOing SO, il protects the States against any in
erfere nee, while it forbids Congress from insti-
uting slavery in territory now Free But we
'efer the Herald, and thinking men, TO the ar
icle from the Cincinnati Gazette, and the au-
horities therein cited.