The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-12
INTELLIGENCE BY THE MAILS.

WARRINGTON, Jan. z, lS46.
The SiaUery Qrtestion.

wife, whom that worthy man found one day, on
returning home. in very doleful affection but
let met tell it in Lowry Looby's own inimitable
style;-
"Well, he was out of day at work, an his
wife was sitten alone by the fire, few weeks
atther they being married. Now there was one
OF the stones In the chimney, an it stood out
loose from the morthar dale beyond the rest.
Well, she sat looking at it for while, and the
thought come IN her head, IF had child now
says she, an he was standing a-near that stone.
may be 'twould fall out an brain or me- An
with the thought of that she began roaring and
bawllng, equal to any thing ever you hear"
Now for the application A few months after
the recognition, by Congress, of the war with
Mexico, certain gentlemen got terribly fright
cned about the possible existence Of slavery at
some remote and indefinite period, in territory
that might, by possibility, be acquired by the
United States, at some period, equally indefinite
and remote. None could tell, at that time,
whether my territory would finally be acquired,
and still less, if acquired whether slavery could
exist there. The folly of this precipitancy is
already demonstrated. With the exception of
small portion of Lower California and New
Mexico, the whole country must, from its ma.
ture, ever remain exempt from slavery; and even
in those portions, except where the question is
already settled by the conditions of the annexa-
ton of Texas, slave labor would be 80
Improbable that it is quite unreasonable
to suppose that slaves can ever be brought
there. This has become entirely apparent
to most northern men, and they have, in
consequence, abandoned (most of them) the ex-
IRENE doctrines Of the Wilmot provlso. But
they, nevertheless adhere to the principle that
Congress can legslate for the territory to be
annexed, up to the time when such territory shall
be admitted as one or more States into the Union.
From those entertaining this opinion, are to be
excepted Mr.. Cass, and, believe, Mr. Wood
bury, and some few who think with them.
To this doctrine the opinion of most southern
men is Numerically opposed. They believe
Congress has no authority over the territories
and some that, in them the constitution of the
United States IS alone operative; others, with
Mr. Cass, that the Legislature OF the territory has
a right to control It's domestic affairs. Mr.. Cass
argues that Congress has no control over the do
nestle concerns OF the territories, and that the
terrtorla al legs stature has such control But the
territorial legislature is the creature of Congress,
and derives Its powers immediately from that
body. Congress cannot delegate power which
1t does not possess, can the legislature derive
power from body which has it not it follows,
that if the power is denied to exist in Congress,
III ne uIlIIltQ 10 eAlSt III the Legislature.
Mr.. Calhoun regards Congress wholly with
out jurisdiction in the domestic concerns of any
territory TO be acquired, and declares the consti-
tuition the only law governing such territory until
it's admission into the Union when the people have
a right to decide for themselves, therefore, that
any citizen has right TO take slaves into any terri
tory that may be acquired by treaty or otherwise
from Mexico, without an act of Congress to au-
thorlse the existence of slavery there. In oppo-
sltlOn to this view, 1t Is cOnended that, by the
law of nations, the fundamental laws of any
country annexed to another, remain In full force
after such annexation, until they are expressly
changed or annuled by the legislature of that
other country; or, 10 apply this To Mexico, that
the laws OF any portion of Mexican territory an
nexed to the United States, will remain IN force
until disturbed by act OF Congress- Mr. Calhoun
argues that Congress Is u mere combination of
delegated powers--that the States, singly or COLI
lectively, have no jurs teton over the domestic
concerns of the territories, and consequently,
that Congress, the mere embodiment Of their
will, can have no such Jurlsdlction-that this de-
fici-ncy is supplied by the Constitution of the
United States, which, by the very act OF acquisi-
tion whatever that may be, is extended over the
territory, and forms its supreme law. abolishlng
all laws conflicting with its provisions that
American citizens going to reside IN New Mexi:
co or California, after they have become United
an act of Congress, but, merely by the extern
sion of the Constitution, to worship, according
TO the formula of any Protestant faith, although
the Catholic religion is established there by law,
because the establishment OF any religion In pre-
ference any other, Is contrary to the spirit Of
the Constitution. Hence, he argues, that slave
~, not being consistent with the Copstitu-
ton, exist in the new territories, with
out any act of Congress TO authorize it. But
Mr.. Calhoun will perceive that this is not
q logical consequence, Tor although all the laws
of Mexico conflicting with the Constitution Of
the United States, are at once, and ipso fdct0
nulled in any territory acquired by the latter
from the former yet all the positive and mega
tive provisions of the Constitution are not, there
fare tnfn "a q q ri
stance OF acquisition and, furthermore, 1t 10
urged, that this Constitution, without someact
of Congress to shape its force and give 1t effect,
is like Jove's thunder, quietly sleeping behind
his ihrose, or a bomb smell In the hollow of
mortar--impotenf, ineffective, and entirely de-
VOID of that self-actng power, which Its enthu-
siastic euogists are fond OF assembling to 1t. For
the ordinance OF 1877, Mr.. Calhoun has very lit
tie respect, from the alleged circumstances OF its
creation, and as precedent he deems it value
less
Here then, is issue joined between the North
and the South as to the powers OF Congress over
slavery in the new territories. The principle as
serted on each side is too grave and serious to
be lightly given up, but asserted too vehemently
they may lead to the most disastrous conse-
quences. The discussion OF the question In 1919
and $50, threatened the gravest and most la
mentabe results, until prudent men OF both Sec
tons and of all parties agreed, without abandon
ing their respective opinions, still SO to complo-
mise the matter as to satisfy the scruples OF the
North and OF the South Accordingly. Congress
passed Joint resolution, declaring that slavery
never could exist North of a certain line (36 de-
grees 80 minutes North lattude,) not affirming
slavery South of that lne but leaving its lnstitu-
ton to the people of the country, and this is what
is called the Missouri compromise.
There Is every prospect th4 the present ques-
ton REGARDING slavery In territory 10 be acqulr-
ed from Mexico, will be decided similarly. The
North, as have said, would much prefer such
an arrangement to leaving the question open, ac-
cordlpg 10 the views Of Mr. Cass and Mr.. Cal
houn The South, have every reason to be-
lieve will be satisfied with the Missouri COM
promise. The North will insist on some settle
me Mt of the question, and next to the extreme
doctrine of the Wimot provlso, II would prefer
the Missouri compromise. There VIII soon be,