The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1848-09-06

RA2mI00.
M. I.e,s,oe. 10 procure from the Sopssas 9
Cont Of The United States 40 sd]sd'ea''o"
that. independently altogether o' 'ee's'a' !
lion bv Congress. the instant any 'ess"oty
becomes outs, the ins,i,u'i0n OF slavery ex
,.,s ,he,e BIZ The mere force Of the Conssi
,,,,,on of The Ua,ied States! Gentiemen
s,v tina, every American c,iizeo has . ngns
60 20 into the newly acquired 'esnsoFy.-
4, !. o.edle,, 10 examine that, TOT no ooe
esoposes TO exclude them. Bot Il ane'n'
er and d ,ffsrsnt question, whether he has
,i,h, 10 carry . slave there, and, because
the slave vas reco .nised ~ property 10 the
State from wh,ch he came, TO insist that,
therefore, such slave shall be recognised a.
property 10 the territory 10 which no goes.
The affirmative Of the question canoos, Ia
NV opinion, b maintained. Suppose
vhich 10 no, Of al unlikely, that within
fec wears re should follow the example OF
Grss, Britain, and procure the cession OF
some s,at,ou or post within the dominsons OF
the Emperor Of China, IN oder more ei-
6ec,ually to promote our commerce aud pro-
teet our citizsns 10 tina, country, could u
be MAINTAINED that. instantly upon the ces'
sion. from the nature of our Constitution
itself, negro slavery would spring up and
beco~e 4 recognised institution there i
Thm would seen TO be absurd. Yet II
stands upon the same arguments, applying
with equal force, upon which rests the al
legged constitutional propagation OF slavery
into these Mex,can territories. SIR, the
inouiry mus. present itself, whether slavery
cas- an INSTITUTION Of the territory before,
in point Of fact, any slave ~as carried mere
he ous of our citizens. II so, then the
save carried would be recognised as pro-
oer,y in the territory BY force OF lis o@n
Institution, and no, that Of the State from
which The slave cas- brought. Thus 10 my
oxn State. though, IN poin, OF iac'' there
were not single slave to be found to-day
s,ili slavery would be recognised ias''iu.
ton Of the State and the mon who shou,u
20 there with his slave 10 morro~, would
NOT carry sny new institution with h'g' oo'
would merely carry there a Recognised sud-
ject Of property under the existing lev.
Nov, Il seems 10 me, that the ge0'lemeu
whose opinions | oppose must MAINTAIN ooe
Of tvo things: either that by force Of lhs
Constitution Of the United States the mo
men, territories are acquired slavery be
comes there . recognised institution, Of
else. that whether it wili be an institution o
the territory Of not depends upon the lac
whether or not slave shall be carried there
that. when carried, the Law Of SLAYER!
sprinss up, end when removed the law cea
ses. Nos, sir, this latter proposition SEEM
20 me 90 sbsurdiiy. The Lac which secog
uisss slavery must exist, or not exist, inos
peoden,Iy Of the conduct OF individuals
and a., 10 my judgment, the Constitution
does not Of itself establish slavery where II
did not exist, ne must, 10 order 10 ssref'
tain ito existence OF no, existence alter oui
acquisition, resort 10 The previous law
There seems TO be some doubt, a. eoiiec
from The remarks Of honorable Senators OIL
this subj .ct, what vas toe state Of the Law
in the territories acquired from MeIico.-
By some i, 10 alleged that all slavery va
absolutely prohibited BY some. that spe
cies Of slavery. called Peon serviiude, exis
ted under certain mod 6caiions, about Shict
gentlemen are not agreed bu, i, is eonce
ded on oil hands, ,ha, African slavery, a
recognised in certain States OF The Union
vas not On institution recognised 10 lhes
Mexican territories.
Nov, hold. upon this concession, tbs
the Law 10 Mexico no. having recognise
slavery as il exists with us, such SLAYER
s,snds prohibited 10 Mexico until II shall
allowed by Iaw. Nothing, apprshend,
clearer, than that by the acquisition OF
territory, whether i, forms q part OF ID
whole Of foreign na!oo-she.her subd'
cd by arms OF ceded by .rea,y-no lass al
repealed except those which s,e incons
tent With the relations which the sublog
ted people bear 20 their new sovereign
thai such acquisition implies only chang
Of dominion and slleciance-a transfer
legislative authority and executive coniro
ana that all laws, not necessarily Incoasi
tent herewith. remain IN full force until II
new sovereign shall modify, alter, or abb
ish them. 90 this sutjec, Va!.el thus e
presses himself:
"Ths fuodsmeo,al regulation that dete
mines the manner 10 which the public a
thor,,y 10 TO be executed, 10 What forms Il
Coasfifufion Of the State. In this is SCI
the form 10 which The nation acts, 10 qu'
iiy of Q body polite, how and by whom
people are to be governed, and what are I,
riph.s and duties OF the Governor" at
isws sre regulations established BY pub
suthority. TO be observed IN society" =" u
iaws made directly with a view to the pa
Tic welfare ere political hrs, and in tn
class those tina, concern the body itself, al
the being Of the society, the form Of 60
eminent. Ibe manner IN which the publ
su,hosiiy is TO be exerted those, IN vo
which together form the Constitution OF Il
State, sre the fundamental Idws. The CT
il laes are .hoss tina, resuli,e the RICH
sod conduct Of the cI.izsns among The,
selves"
Chief Justice Marshal. 10 delivering I,
opinion Of the court, in The case TO which
hs.~ hafae> rnfassad snea IN ar of the ef4p