New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-12-22
,EW-YORK TRIBUNE.
,,,.s Peures-sssnns In the Eye Of tine
Ap~ yEfad-

=. a nice experiment in politics SINCE the oe
e., of their Presidential candidate. MesTs
Ro,rRT DALE OWN, EDWARD a hAsshCAN,
r.xrs WHircoyB and other LEI" distinguished
go. ~ Loco Focoisn, who had supported Gen
c., with bis Nicholson letter, declaring that
Congress has no power over the subject OF Slavery
!, ,hs new Territories have declared their senti'
rents. The following brief but comprehensive
Letter was to each ofthe postuanis by certain
members OF the Legislature who wanted hight 10
ace how 20 cast their votes for United States
Senator 80
SENATE CHAMBER Dec. 9, le45.
DEAN SIN A much interest 10 felt BY constitu.
ens on the subject Of Slavery exclusion 10 roe newly
scoued Territories Of New Mexico and California and
A you spoken Of candidate for United States
Senator take the liberty sf propoundng TO you the
following questions
! DO you believe that Congress possesses the pow
err under the Consultation, 10 prohibit Slavery In said
Territories
probibiting slavery in New Mexico and California
An early answer 10 requested:
hs','ssfsrg yAs ? Evil. xI1LIKhS go TyASs
niLLIGtS, J. :. BUCKLES,
Mr. ROBERT DALE Owls dances 70 the above
music. We give few ofthe steps.
ISDIASAPoLIs, December y 1sss.
GIxTI zMKN Congress, IN my opinion possess the
power 10 egisse the subject OF Slavery in the Ter
ritores throughout the term Of their territorial
is.ence a for example, 10 enact, in regard TO our
Mexican acquisitions, prOhibtory proviso, similar
70 the Ordinance Of M The exercise Of tina, power
and the form in which 1t can mos, wisely be ex.
eTeised ] consider questions Of expedienee only.
But Ii q well known
that distinguished Southern Statesmen have denied this
doctrine and at this day assert that shareholders may
see and retain their slaves in these Territories Such
assertions are not unlikely 70 deceive, and may
sisvehoders In some cases ras 70 risk the legal issue
To avert contingency Ike ibs, fraught with many
evils. 10 not necessary THAI Congress should
prohibition or alter any law II sufices that, for the
government OF ali concerned II declare what the law a.
Such decsrstary ensetmenis have been usual by the
Parliament Of Great Britain, by the Congress Of the
United States and by State Legislatures II there
were no excited feeling on the subject in the South il
wcne be OF little practical Importance whether Con
grsss enacted prohbitory law passed adecaratory
resolution though even in that the latter would
be the appropriate form The Ordinance OF - the Orl
Sna OF the Wmot Proviso was properly applied 10 the
Northwestern Territory which being cession from
Virginia, Slave State was slave territory WithOUtt
thar territory would have remained slave would doubt
less have been settled In part by ssvehoders and thus
the State In which we now i've might not imprObsbly.
have spilled for admission Hs Slave state. Not
With New Mexico and California Coded 10 US by free
country, they legally free Within their bounds we
have not 10 extipse Slavery wehsve only 70 declare,
that IL has existence there. II had
seat In the Senate would not Introduce WilmOt Pro
viso applying 70 our Mexican possessions; and, u u
vas Introduced by others would vote 10 lay il On the
table. As the Senste 10 constituted tnst motion
would prevail would then vote for II introduced by
others for, not would myself intr6duce) lont Res
olution declaring that by the law OF the land and Of
nstoDs California and New Mexico including santa Fe
and the valley Of the upper Rio Grsnde free Terri
tories Farther In Bill organizing thsSe Territories
would vote for, or introduce, clause prohibiting the
Territorial Legislature from passing any enactment
the subject Of Slavery In such Bill would slsO vote
Tor clause, providing for appeal from the Terrific
rial Courts to the Supreme Court OF the United states
without any restriction 10 the amount In controversy
need hardly add that would resist, by my votes and
influence any attempt by positive legislation 10 intro
dUce slavery into any portion Of California New Mex
leo, or into any other Territory now Tree
| am, gentlemen respectfully, your fellow citizen,
ROBERT DALE OWEN
Mr.. HAssEGAS dances pretty little polka
which we give entire, as it is somewhat difficult
u dance through unless you keep at IT,
PALMER HOUSE, Dec IL, ls4s
GENTLEMEN Your note OF the OH wss duly received,
aud would have been answered but for severe
ipdisposition which has held mo confined tc my bed
unir This morning With great cheeriunesI ! comply
with your request In 10 the first inisrrogaioTy,
hare hssitoor saysS u0t Congress does posstss
ts peNr 1RcT the C0Hsiitsfioa u prohe"'@9 Snrery o.
ks f,rrttoriss ~ California and Ntn btrco, o. IN any
ohv Tsvri10rv h,ls the properly ct he Conftd
tracy la reply TO your secondnterrogstory, therefore,
fee equally tree TO say that involves ony question
OF public policy The Territories Of California and New
Mexico are non free under the fundamental laws
which controlled them NJ the time Of their acquisition
5y tho United states and consequently without tho cS
press sanction OF the people who shsl inhsb zoe Terri
tories when they the skRpr Of sovereign Stste
slavery exist within their limits legal inst
tuition. 10 my opinion Congress has not the power %
Introduce. or rather 10 establish Slavery within those
Territories ifus commended by any, that such pow
does exist must confess that am unable % dscov
er ID. source from which it Ia drawn. prohibory
act as II could be only applicable 10 the territorial con
ditiop and OF necessity temporary In lie operation ia
measure simply Of policy and expediency. Upon All
questions of this character have ever held my mai
action open and liable 10 the control of circumstances
In making the pledges you require, should be com
pletsiy hsmpered and in such way might leave me
lac subject Of awkward dilemma. IL might bring
me directly in conflict with the duty OF the Representa-
tive 10 obey the instructions OF his constituency a
duty which have held a cardinal point of pc
nucsl faith These instructions 10 be binding must BE-
given by majority Upon the subject Involved, IN all
- bearings should be elected Senator Tor the ensuing
term shall be governed by the instructions OF the
Legislature of Indiana whose will II will be my highest
pleasure carry GU, in earnestness and good faith
remain, moot respectfully your Oh az ,erN J.
H. A. FLANAGAN
Mr.. CS1AsERlis attempted a pigeon wins
out slipped and fell.
Gov. WaIIcosH danced with exquisite grace
the following Virginia breakdown and carried
OF the prize
INDIANAPOLIS Dec Q, ls4s.
GENTLEMEN Your letter of this day in relation 10
the subject of the Extension OF Slavery into newly
acquired territories OF New Mexico and California has
one however. which trust will be sufficiently insll
fole for your purpose. Az stated In my recent mes
cage to the Legislature these Territories have
us free, by their own laws, from the institution Of
slavery Its incontroyertble iha, Slavery. there OF
elsewhere, cannot exist without the sanction OF posi-
tive law. am opposed TO the passage of any such law
believe that Congress constituuonally pass such
organic laws for the government OF the Territory
will In their operation. prevent the territorial legss
ture from passing any such law IL follows that Con.
sress csn In my udgnent consti,utionsy prevent the
of nj fhas Tar In
ton 10 your second question, will add. that still
gardng Slavery did nearly twenty years ago, in
report made 10 the Legislature OF this state draw
back upon the prosperity OF any country would, n
member my influence aud vote for the passage by
Congress Of law OF the kind referred to that is 20
cav Law which will operate eectusly TO prevent the
introduction OF Slavery into these Territories
am, very respectfully, your obi servt
JAS. WHlTCOMB
Now seriously Aov did Cass carry Indiana