Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-16

in hope that this exciting question could be finally set
tied by the Supreme Court would cheerfuy this
bill but must be remembered that decision under this bill
would be founded simply upon the constitutional right to hold
slaves in the Territory There would be Of Congress
prohibiting admitting slavery in the submitted and
therefore, let the opinion of the court be either way the
other upon the constitution the great question which we
been agatng here for monthshe question 10 the power
Of Congress pass laws the subject would be touched
by the decision Of the court.
That question will then come back 10 it will return with
increased urgency and necessity II will with more
force Of the decision of the upon The consu-
tonal question for that decision may be founded upon the
fact that Congress only neglected pass laws but agreed
we do in this compromise law, 10 pass any upon
subject and will then be told that slavery admitted or
rejected the judgment Of the may be- because Con-
gess neglected to exercise its constitutional power upon the
question. II would be but sad result Of this the
Judiciary It should turn after all that the only power
this Government which control slavery the Territories
is the legislative power But again. Senators from the
North or from the South prepared to say that the decision of
the Supreme Court will be acquesced in by both sections of
the Union final settlement Of this exciting subject
have heard opinion from either side upon this point We
all know from past experience that political questions Of this
character not settled by opinions of the
The Supreme Court with John Marshall its head solem-
decided that the charter Of the Bank of the United States
constitutional; yet Gen. Jackson and the party which he
led held otherwise, and claiming the right the
sttuon they understood it, overued the judgment of the
court and substituted public opinion in its stead Such fear
will be the fate of any opinion of the court which may be OBJ
section Of the Union, and public opinion will condemn il
the other and the fight will go until Congress shall settle
the question by positive law.
Permit also call the attention of the Senate to what
in opinion, will be the practical operations Of this law
the Territory upon the respective rights of and slave
Under this system Of the part Of Congress
and by virtue of the doctrine that the constitution protects
slavery in the Territories slaves will go there will found
scattered all the country wherever slave labor may be
Po6aby employed 1t will become in favorable loca-
tons, dominating interest," exercising controlling inu-
ence the master believing that he has constitutional ghto
this kind Of property, while the slave, accustomed from his
birth TO obey and ignorant of the privilege reserved to him by
this bill to contest the right of his masethe masters rights
will be maintained strictly and vigorously in any
State in the Union Under circumstances like these it
pected that the save either by himself by his next friend
will avail himself of this law, and by writ Of habeas corpus,
or by action for false imprisonment try the right his
master to hold him in bondage To suppose that the slave
would or could commence these proceedings for himself is idle
He has not the TO do he had the knowledge
of his rights He will be found plantation remote
from OF the means Of redress He cannot take the first
step towards freedom without the of his master His
person under the control of another, without MEANS without
COUNSEL and without opportunity, how the slave COM
and carry judicial decision lawsuit against his
master Nay will he be permitted to do when that de-
cison may destroy the right of every master in the Territory
But suppose slave mpeed by the love of freedom should
escape the vigilance of his master and find his way Of
judges appointed under this law, and apply TO him for
writ against his mastert probable that the Judge whom
the application is made will be himself stakeholder and
terrain the opinion expressed here by several Southern Sena
tors, that the constitution Of the United States carries and pro-
ects slavery in the the judge grant the writ,
listen TO the appeal Of slave against what he considers
the constitutional right OF his But suppose the Judge
be willing to hear the case will not be his duty issue the
writ This, under rules Of practice hereafter to be made
by the court must be done by attorney clerk aud the
negro will be turned them for his writ and whether
they will undertake The may depend upon the
of public opinion in the Territory at the time We all know
its controlling influence both for against the slave depends
upon the latitude in which he may he found will be long
while before slave in New Mexico will be able settle, in
his person. the great constitutional question referred by
US for final adjustment in the Supreme Court of the United
States.
But it is said that the slave will be aided in this
that he will have friends at the North that the Senator from
New Hampshire mr. HALE) will interest himself the
that funds will be raised and agents down New
Mexico to institute legal proceedings in behalf OF the slaves,
and in this shall have the question settled.
Now sir suppose the Senator from New Hampshire, any
other gentleman equally ardent in the cause should undertake
this mission OF philanthropy, what would be the Of pre-
ceeding and what the result He would GO trust III the
spirit of law and osr he would go there for the purpose of
nsung legal proceedings against the MASTER for the purpose
Of testing the constuonay of slavery in the Territory
When re gets there he will proclaim his object. He tells
y master that his mission is to free all their sayes-not by
force but by law TO be administered through the courts and
then asks the aid Of local Judges mashas attorneys and wit
in his suit Now whether he will get such aid not
whether be viii be permitted to remain there himself
will depend upon the amount of slave interest and slave nu
be destroyed and encountered by his mission. We
have examples Of mission Of this kind sent from
free State to try in slave State the constitutional question
Of slavery.
In the year 1920 the State OF South Carolina passed law
highly penal character against free cored being
found board Of any vessel arriving port in that State
This law, believe went far TO doom the unfortunate
cooed sailor to be sold into slavery Unde this law color
ed sepman and freeman by the laws OF Massachusetts, be-
ing found in the port of Charleston board ship belonging
to citizens Of Massachusetts, seized and imprisoned, and
was dealt with according to the provisions Of this law
The State OF Massachusetts complained Of this law. She
believed il to be unconstitutional and for the purpose Of set
Ting that question, she Of her most respectable c
zens, with power aud authority to bring suit in Of the
courts Of South Carolina for the purpose Of testing the
stutionaty Of this law What the result Of this
sage II recolect rightly, the agents first difficulty was
that he could not find lawyer in Charleston who would bring
the suit and then, undertaking bring it HIMSELF he found
all TO the courts shut against him and the result
was, that instead Of beratng the coored seaman by due
course Of law, he found himself imprisoned by mob and from
which he only escaped with life and limb by being forcby
carried off by some friendly citizens Of Charleston
have not referred to this by Of censure to the ct
Of Charleston. have doubt they acted under the be-
lief that the law constitutional and necessary to their
tile is TO rely upon mission sent from free State into
constitutional question affecting the safety the legality Of
the city Of Charleston would permits question Of this kind
be heard by their courts what may expect from
the slave-owners Of New Mexico
Let also look the operation Of this law upon the
ter He have already said will carry his slaves into the
he