The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1848-09-02
Slavery in the Territories.

4 ~ a
paper Of Saturday last, We said we would u1aer
take to show that the position Of Gen. Cas- upon
the subject Of slavery in }he territories, n and will
be as efectual in preventing the extension ofslive.
ry as that Of any other position that can be occu.
pied. In order, then, to comply with this promise
undertaking. it will only be necessary tor US to
repeat some of the positions argued by in former
numbers this subject, and to quote the language
of Gen. Cass. We have undertaken to establish
the following positions:
lst. Slavery. being contrary to the law Of nature,
Of nations, and the natural rights of man, can only
exist by positive statute. 1ae4E9 .ie'5lF'fi
I'd. Such statute or law must be enacted by some
legislative body having competent authority, and
the physical power 10 carry il into execution. vi
Sd. If such statute be passed by territorial leg
islature, the authority so 10 do must have been
granted by Congress prior 10 its enactment, or the
statute itself receive the sanction of Congress after
its passage; because territorial legislature can ex-
ercise no authority other than that the Congress Of
the United States shall sanction or permit.
4th Congress has no right to confer upon ter
ritorial legislature the authority to pass such a
statute or sanction after its passage; because in
the language of the Constitution, 'the powers not
delegated to the United States by the Constitution,
nor prohibited by il to the States, are reserved to
the States respectively, or to the peoples" and
further. because, in the language Of the Constitu
ton again, "no person shall be deprived Of his life,
liberty, or property, without due process Of law"
or in other words, except for violation Of law,
which is the obvious meaning Of the Constitution.
9Th. Congress will never grant the power (even
admitting she possessed it to territorial legsla-
ture to pass such statute, statute creating slave
ry,) or sanction it after its passage. Witness the
action of Congress on the late Oregon bill
9th. Therefore slavery will never have an exis.
tencs in the territories lately acquired by the Unit
ed States Of Mexico, and which are now free.
These positions having been promised, let US see
what is the position Of Gen. Cass on this mpor.
tant subject The following extract is taken from
his celebrated pamphlet on the right of search:
"We are no STAKEHOLDER. We never
have been. We never shall be. We
deprecate its existence in principle, and
pray FORTS abolition everywhere, where
this can be effected justly, and peacea.
bly,, and easily for both parties" 't
The following extract is from Gen. Cass's much
talked of Nicholson DR. Tennessee letter:
ave may well regret the existence
of slavery in the Southern States, and
wish they had. been saved from its in
PRODUCTION. But there it is, and not by
the act Of The present generation; and
we mus! deal with it as a great pracli.
cal question, involving the most momen-
tous consequences. We have neither
the righ: nor the power TO touch it
where it exists; and if we had both,
their exercise, by any measure hereto.
fore suggested, might lead to results
which no wise man would willingly en-
counter, and which no good man could
contemplate without anxiety.'
We quote again from the same letter:
"Briefy, then, ] am opposed TO the
exercise of any jurisdiction by Congress
over This matter: and am in favor Of
leaving to the people Of any territory,
which may be hereafter acquired, the
right to regulate it for themselves, under
the general principles o the constitution.
Because
81. do not see in the constitution
any grant o. the requisite power to
Congress-; and am not disposed to ex-
tend doubtful precedent beyond its
necessity--the establishment Of terrific
rial governments when needed--leay-
ing TO the inhabitants all the rights
compatible with the relations they bear
to The confederation. | '
80. Because | believe this measure,
If adopted, would weaken, if,not impair,
the union Of the States; and would sow
the seeds of future discord, which would
grow up and ripen into an abundant
harvest of calamity. ".i7uita pa q, r,i3
All we have to say in relation to the foregoing
extract is this: Gen. Cass is "opposed to the ex.
ercise OF any Jurisdiction over" the question Of
slavery in the territories. Now is it not apparent
to the most superficial reader, that if Congress ex-
ry can never exist in the free territories of the u
nted States! Most assuredly is. And why!-
Simply because slavery can never exist where
there is positive law to uphold it; and General
Cass says he does"not see in the Constitution any
grant of the requisite power to Congress" to pass
any law upon the subject. True, Gen. Cass says
he is sin favor of leaving to the people of the ter
ritory, which may be hereafter acquired, the right
to regulate it for themselves, under the general
principles Of the Constitution" Now we have
been laboring TO show, in all our articles upon this
subject, that "under the general principles of the
Constitution" slavery never can exist in the ter
ritories OF the United States, now free; and Gen.
Cass may well say, therefore, that he is in favor of
thus leaving it, because the people of the terrific
ries must be governed BY the principles Of the Con-