The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-01-28

ioption Of the constitution, provided com.
piste frame Of government for the country
north OF the Ohio, while in territorial con-
dition, and for its eventual admission in sep
arate states into the union. And the per.
suasion, that this ordinance contained with
In itself all the necessary means of execu-
ton, probably prevented any direct refer.
ence TO the subject in the constitution. fur
Their than vestihg in congress the right 10
admit the states formed under il into the
/ Union. However,, circumstances arose.
which required legislation, Us well ovcrthc
/ territory north Of the Ohio. rs over other
/ territory, both within and without the orr.
/ ginal Union, coded TO the general govern
mcnt and at various times, more cnlarg.
| ed power has been exercised over the 7tr-
: Notwithstanding thereby, the different ter
ritorial Covernmcnts-thani is conveyed by
the limited grant referred to. How far an
existing necessity may have operated in
producing This legislation, and thus extend
ing, by rather violent implication, powers
not directly given, know not. Blu, Ger.
tain II Is, that the principle of interference
should not be carried hey ond the necessary
implication, which produces il. II shonld
be limited to the creation Of proper govern
mcn's for new countries, acquired or settled.
and to the necessary provision for their c.
vcn'ual admission into the tn,on: leaving.
in the meantime, 10 the people nhabting
them, 10 regulate their internal concerns in
their own way. They are just as carable
Of doing so. rs the eople of the States /:
and they can do 50, at any rate. as suon as
their political Independence is recognized
by admission into the Union. During this
temporary condition, il is hardly cxpedcnt
to call into exercise doubtful and invidi
ous authority. which questions the intelli-
gence Of respectable portion Of our citi-
zcns, and whose Imitation, whatever it NAV
be. will be rapidly approaching IFS termina.
ton authority which would give 10 con.
gress deSpoiic POWER. uncontrolled by the
constitution. over most important sections
OF our common country. For. if the reg
ulaton Of master and servant NAV be reg
ula,ed or annihia,ed by its legislation, SO
may the relation of husband and wife, of
parent and child. and of any other condi-
ton which our institutions and the habits of
our society recognise.
The extracts which follow are from long
communication in the National Intelligeneer,
understood TO be written by, or at least to
embody the views Of, Judge Mclean, Of
Ohio. The writer takes the same ground
with the above. but adds:
III no part Of the Constitution are slaves
named or referred 10 as property they are
designated as persons. In the second
section Of the first article. which appor.
tons representatives and direct taxes. the
words "thrce fitihs Of all persons" include
slaves. They are referred TO in the ninth
section Of the same article, which declares
that ''the migration or importation of such
persons rs any of the states now existing
shall think proper to admit shall not be pro-
hibted by the Congress prior to the ear
eighteen hundred and eight and also in
the second section of the fourth article. in
relation TO fuCitiveS from labor. In no 9th.
er part of the Constitution is there any re-
ference TO slaves.
The first annexation Of foreign territory
to the United States was Louisiana. within
which slavery existed under the French
and Spanish Governments. Florida, which
was subsequently annexed. was also a slave
state. Texas was slave state.
| II any part VI mexican territory snail De
annexed, rs slavery is not sanctioned in
Mexico, it must come into the Union as free
territory; and the important question arri-
SeS whether Congress have power 10 make
| it sieve territory.
No question is better settled in this cOIIn-
try than that slavery exists in a state Ly
virtue of the local lay; that The power over
the suhject is exclusively vested in the state:
and that Congress, except as to she recap
turc OF slaves.can exercise no power over it.
|
The supreme court Of the United States
have decided that, under the power TO regu.
late commerce among the states. congress
could not interfere with the slave trade be-
tween states. And with how much greater
propriety and force Of argument could such
a power be sustained than the power TO es-
'ablish slavery in 4 territory. In the latter
there is nothing from which the power can
be applied, while tie former is admitted TO
include all commercial dealings among the
states. And il was upon the ground that in
the Constitution slaves were treated as per-
sons and not as property, that they were
held not TO come within the commercial
power. In congress, under any implied
power, may institute slavery in territory
OF the United States, on much stronger
grounds may they exercise the commercial
power over the transfer and sale Of slaves
among the states.
lffrce territory be admitted and Congress
have rot power to institute slavery within
1t the territory must remain free until the
people shall form state government, then
the question may arise, in the exercise Of
this sovereign power, whether slavery shall
be admitted.
Can the president and senate by treaty
establish slavery in the new territory ?
such power is not found in the constitution
nor in the laws Of nations.