The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1848-08-05

the fact that California and New Mexico were free
at the time they became territories Of this govern
ernment, we build our argument.
Can slavery exist without positive statutel This
question naturally arises first in order. In our view,
slavery can ony exist by positive statute, enacted
BY the people or their representatives, having the
physical power to carry il into efect-that in this
country it is incidental to State sovereignty and
can only be exercised by the States in their sover
eign capacity---that slaves taken by their owners
into free States, for settlement therein are free-
and that the same rule obtains when applied to the
free territories of the United States. Slavery 10
is contrary to the natural rights Of man.-.contrary
10 the principles Of justice and equity-.--contrary
| to the common law----and contrary to the laws Of
almost all civilized nations This doctrine is re.
| cognized even by the Courts in slave.holding
States. The Supreme Court of the State al Mis-
sssippe. says: iat
"Slavery is condemned by reason
and by the laws Of nature. II exists,
and can exist, only through municipal
regulations. - Walkers Rep. sc. "ln
the Constitution Of the United States
slaves are expressly designated as per.
sons. The right Of the master exists
not by force Of the law ot nations or Of
nature, but by virtue only of the posi-
the law OF the State."-Same Dol. p. 83.
The Supreme Court of Louisiana, in IA Martin,
4O4 says that the relation of owner andsave in the
States of this Union. in which ii has legal exis-
tence, is a creature Of the municipal law. The Su-
preme Court of Kentucky, also, in Marshall, 47o,
says: ,eHeH
"Slavery is sanctioned by the laws
Of this State, bu, we consider that as
right existing by apositiue law Of mu.
nicipal character, without foundation
in the law Of nature"
Thus it will he seen that some of the slave hold
ing states Of this Union have decided that slavery
can only exist by positiue statute or municipal
regulation If the slave holding states have so
decided. as matter of course we of the north
will take them at their word. This question, then
being settled the next proposition in order is that
such statute must be enacted by some legislative
body having competent authority. Will the ter
ritorial legislatures Of New Mexico and California
have competent authority to pass laws creating
slavery in those territories! If so from whence
would they derive that authority? As matter
course they must derive it from the Congress Of
the United States And il Congress has the pow
er to confer that authority upon the legislatures
of California and New Mexico. she must have
the authority herself 10 create slavery If she saw
proper Now we do not expect to be confronted
with the idea or opinion that Congress has any
such power. All the power that she has over ter
ritores is that contained in the End clause of the
Sd section of the 4th Article of the Constitution.
which reads as follows: "The congress shall have
power to dispose of and make all needfu rules and
regulations respecting the territory or pther prop.
erty belonging to the United States" Will it be
contended that it would be ''needful rule and
regulation" for the congress of the United States
to create slavery in territory now free! Most
certainly not. Then if it can only exist by posi-
tive statute. whence is the power to create II or
confer the power to create it upon territorial
legislature! We deny any such power in Con-
gress and assert that line. clause, paragraph
can be found on the face oithe Constitution con-
fering such authority. And further, any one
who will take the pains to read the debates of the
Convention which framed the Constitution, must
come to the conclusion that, that body, or at least
bal; th had fnro ctn
ped the increase of slave territory in the United
States.
The constitution declares, that ''the powers not
delegatedt to the United States by the constitution,
nor prohibited by it to the States, are reserved to
the States respectively, or to the people," The
Government Of the United States is therefore
Government, OF limited powers, possessing such
only as are delegated TO it. The democratic party
of this Union claim that the incorporation of a
National Bank. or. the passage of tariff act with
protection the object and revenue the incident.
are unconstitutional. And why! Because the
power to create such an institution or pass such
law is not delegated by that instrument. The
democratic party are. therefore, strict construc-
tonists. A strict construction of the constitution
will also prevent Congress from creating or dele
eating the power to any other legislative body, to
create slavery.
Lest we weary the patience of our readers. we
will hasten to close on this branch Of the SUBJ
ject. We will, however, introduce one or two
authorities. Sometime in September last, we be-
lieve, Mr.. F. P. Blair delivered an address to the
Jackson Association Of Washington city, on the
death of the lamented SILAs WRIGHT. On
that occasion Mr.. Blair used this language:
sit has been said that Mr.. Wright
originated the movement on the slave
question made by Mr.. King, Of New
York, and which Mr.. Wimot, Of Penn
sylvania, incorporated in the proviso
which has taken his name. A letter