The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-25


vented Bat II Is Insisted that this cannot be done
in .he der consideration and in he form pro.
posed. First, because the constitution does give
Congress the power to prohibit slavery in the terrific
ries and that the great number acts
for that purpose which have been passed for the last
sixty with general assent ere but so manv in
fractions OF the constitution.
Allwill RENE mber the soemnity aud rapidity with
which State after State, at the South in succession
announced this doctrine and the acrimonio vehe.
mepce with which their conventions deneun ced no.
tca pro crption in the form Of exclusion from the
omces ~ irescent and Vice President, of all who re
used TO adoptt But already apparent that differ
enees OF opinion upon this important subject can not
De settled by vehement assumptions Cancellation
IN regard to II, prompted by denunciauon. In our
country sucn uircuiries must De solved by appeals
10 the tests provided by the constitution For the
recttude OF our motives. and the correctness OF
cohduct we are responsible EARTH to the opinion
OF the civilized world and hereafter to power that
greater and wiser than all,
The question of consttutionaliy, the gravest of all
opections That can be made against public measure
mas just passed through the ordeal of public discus
sop and the doctrine in question has been thor.
oughy rejected and condemned by the voice of the
That 1t is no longer necessary to spend words
in refating it.
Two circumstances have, however, occurred. which
though not necessary to its overthrow give that
overthrow a sanction that entities them notice, II
now appears, that twenty-eght years since, at the
time OF the Missouri compromise, MIR. Monroe, then
President a stakeholder and elected from slavebold
ing State, submitted this very question save onIv
that IL was then applied to slave territory to a cabinet
composed, among other great men, Of such giant in
tellects from the slavehodiAg States. as Crawford
Calhoun and Writ, the latter the law officer of the
government; that they were unanimously of opinion
that Congress did possess the power in question: and
that the then President, a man who WAS on the
scene OF action when the constitution was formed
concurripg in that opinion approved the bill. The
documents which attest these interesting Giro umstan
ces are before the country, and every will judge
ior himself Oh thelr claims to credenco, considered in
connection with what has been said upon the subject
by the survivor OF the cabinet referredto
10 bring the matter nearer our own times within
Few days upon the very heel Of the rece mt discus
SONS upon tins point bill containing this
the very bill which has, in part produced this dis
cusson-has passed both branches of the nations,
legislature and received the of
the present execuive-an approval which it was his
sworn duty to WITHHOLD if he had not been satisfied
That all the provisions of the bill were in coufor mity
to the constitution. The present President also a
slaVeholder, elected from a slaveholdipg State With
large portion Of his cabinet in the same stua n
mas gwen The highest sanction to the doctrine we con
tend for that is known to our institutions: and al
though he felt himself called upon to make az extra
message setting forth his reasons for believing that
the restriction ought not to be applied to our Msxc
territories he does not take the slightest notice of the
Statss haS oS.eton on which so many southern
sure his branch of the subject has been thus and
we hope for ever, disposed of.
further commended. that slaves are so far to be
as property as to authorize their owners to
carry them into Of the to hold
mere notwithstanding any act which Congress may
pass upon the subject II Congress have the co att
tuuonai power to prohibit slavery in the Territories
s laws place the subject the same footing there
tne stare laws do in the States AS we'll Therefore
might the Shareholder contend that he en- hrin. III
slaves into State which prohibits as thai he
S;d mem into territories where slavery is proh-
pi'eu Dy congress IL his slave away and en- ers
one OF the non slaveholdipg States he does not there
10y become free. but shall be- delivered up upon the
clam OF the person entitled to his services But this
Is not IN consequence Of the milton of the right of
property In such person. Notwithstanding the Sta ta
out IN virtue OF an express article of the const
.u|on "hicn constitutes one of its COMPROMISES unon
The subject of slavery. This view of the matter
placed clear light in the debates by one of
the Oldest and most distinguished members Of the Sc
nate when he insisted that the claim on the nc
the shareholders, though nominaly to remove their
poPery was In reality to transport their laws in TO
tue territories One has, therefore only to imagine
te1Itory governed by the various conflicting
OF thrty indepe States to the absur
olty OF the pretension.
But 1t is insisted that the prohibition carries with n
reproach to the slaveholdipg states and that sub
mission to it would degrade them This ia obyiousiv
prihcpal II not the material, ground of opposition
70 the measure that is persisted in; and most
~ II 1t were well founded, we would have no in 4
ground TO take exception to the earnestness with
Wncn IL is sustained Let the objection therefore he
fairly and dspassonatey considered Very erroneon.
opnoi OF the dispositions Of the northern peope are
oy ihose, who think them capable Of de-
he degradation Of any of the states Of the co a.
iederacy, whether they be slavehodpg or otherwise
hey entertain too enlightened of ther own in
terests; they have too just conception of the true
glory OF the confederacy of the extent 20 which
the Illumination of part would tarnish the lustre of
ng woe ana they are above ALL too national in their
not TO cherish deep solcituae for the honor
and welfare Of all it's members Ii they could tbere
lore believe that the success Of this measure would
he
among the last to uphold it. If it can have such
tendency will certainly not be owing to any want Of
generanty IN its application
The restriction will of course, be OBLIGATORY on all
who settle in the territories from whatever state or
country they may have emigrated They will Nil in
tbs respect stand upon equal footing If any in.
haslaht OF any OF the non slavehoding states who
removes to the territories has his capital in
business which not permitted by the
slave holder desires remove there he must dis
pose OF his slaves and employ labor as his
men ana neiehbors did when they removed to differ
ent portions OF the northwestern territory and in do
happy. ".N
Let US for moment look at the character Of this
measure and compare it with others that have gone
before it, 1t is re-enactment of the Ordinance OF
100. when prohibited the introduction of slavery
into territories which had been coded BY several of
the States to the nited States The difference be-
tween The effects of the two measures consists onv
IN me 1act that the territory to which the ordinance
ect TO the introduction of slavery; whilst this tsrri
tories TO which it is now sought to be applied had at
Inc time OF The ctsson to been already exempted
from IL ny law who first proclaimed the principle
which triumphed in the ctment of the ordinance
OF 1857 Thomas jefferson who promoted and ,e
cured its age through the Continental
All the distinguished and patriotic men rbn that
year represented the slave holding States in that
pody, without a solitary exception Who gave IN
the measure his official sanctbn. by APPROVING Hill
10 carry 1t into effect under tie new eovernment?
and down to 1883, the samd enactraent has h"cn
again and again repeated. WITH the general concur.
renee Of the Southern membets and often tbrougb
their particular instrumentalitt a fuII 6S,h nS r.
States of the Union has been ofga nzad s
under its restrictions respdet TO Ohio the Oldest
of them conformity to this principle in the ordina
OF ,s7 was required, even in the State contribution
ana government, and the bill giving to the ordina
tbs application, was reported by a committee of
which William b. Giles, of Virginia. was chairman.
and John Rutledge, of South Carolina, a member
~ was PAST In the Senate by vote of sixteen to
names OF BALDWIN and jackson, of Georgia; Broken
ridge and Brown Of kentucky; Franklin and stone,
OF North Carolina; Stevens Thomson MASON And
wilson Cary Nicholas, Of Virginia Sumpter, O
South carolina and Wright Of Maryland The
states when have grown up under and In conformity
settled by emgrabts from the slaveholding states
Ihousands OF these hardy and enterprsing pioneers
many OF them among the most respectable OF their fell
low citizens, for series Of years in succession left
Their friends and neighbors in the slavehoding States
Ir what was then the far West accompanied BY their
prayers ana benedictions entering into the