The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-21
TWO CENTS.

exits nd there ~ To coincide with him n h
opinion because Mr.. Calhoun wished to establish IL
New Mexico and aifor mia local federal trbu al
perr TO all authority but its own, and because is re
sisted the last the writ Of front local court
TO the Supreme tribunal Under this bill. then If
50 happen that the courts constituted by the bill
(Which the President by and with the advice aud con
Of the Senate to ereate) decide to establish
slavery in New Mexico and California, then there IL n
appeal to Tho Supreme court OF the United States and
IL they reverse the dscision slavery cannot exist.
Meanv hie CoDgr has all its present powers to enact
the "Wmot rroviso" when it wh, to establish any
other fuudam. ptal laws.
I he question the n nrises for the practical mind to
decide and this Is world which practice not theory
Tuleswhetber ii liz best for Congress TO ajiour1 and
to leave thin in quo, enact MT. Ciayton's
bill? Advancement leaves open New Mexico aud
California to the invasion Of slavery There is law
at present there to keep slavery outand attempt
made to eject IT, 1t IL not probable that u nited
States ofcers. under the direction Of Mir Polk would
aid in the election Slavery thus before another Con-
press meet be establishing ana strengthening itself
in New Mexico and California But pass Mr.. Clay
toms bill and IL the attempt is made case Is imme
darey made for the Supreme Court. aud If that d-c
sion be well further agitation IL needed II 1t bo
unsatisfactory, Congress will be just potent
-eate next year it will be IL it adjourns now and
does hing.
But the whole subject Ia too grave too complex for
us to pass decision upon. just now and We close
with recomme ndipg the attention Of readers, all
that Is said and written, to which We shall keep
them fully informed
(From the New York Journal of Commerce
THE TERRITORIAL QUESTION.
The decision OF the Senate committee OF eight ON
the organization of The territories In effect
permitting its iegsatu def niely tho subject,
but leaves the question it respects California
and New Mexico. Slave holders and non slave holders
settle in the two latter territories
and If any difficulties arise out Of such setteue
they TO be referred Ultimately to the Supreme
Court of The United States for djudication Thus Con-
gress will be relieved from the necessity of acting
the main question until after the next Presidential
election and AZ much longer they may fit. The
view taken by the committee Is plausible, via that the
que is constitutional one aud therefore belongs
ather to the Supreme Court the righfu intcrpre
Irene Court suspect, will find the Constitution
very silent the subject but the general princi-
pies that they will probably decide that
the right of settlement in said territories Is common
TO ali american citizens with their families and de-
peudents. Whether this state Of things will on tho
WI ole be better even as good as an outright COM
promise latitude SO 80, We at hast are inclined to
doubt. Such n compromise would give to freedom 1T
least three hs of the two IN the aggregate
including the magnificent port Of San Francisco ono Of
the finest in tho world,-thc town of Monterey,
the capital Of California and all other localities which
have been selected by emgrants the most desr
able for settlement.
JUDGE MIrAN's OPINION OK THE POWERS CONGRESS
From the National lnteligencer, Dec 90
conCREss POWER INSTITUTE sLAvERYI
The fret article OF the constitution declares
"that all legislative powers herein granted shall
be vested in Congress OF the United States" &C.
This limits the legislative action Of Congress to the
subsequently enumerated powers.
In the eighth section of the first article Of the
stution it is eclared that Congress shall have power
to exercise exclusive legislation, in all whatso-
ever such district not exceeding ten miles
square may by cesson Of particular States, aud the
acceptance of Congress- become the seat of the govern
ment Of the United States and to exercise ike
thority all places purchased by the consent OF
Fl the erection of forts maya zines rsenals, dock
yards and other neeSfu buildings"
Under these provisions the cesson Of the District
of Columbia was made within which territory slavery
has been long sanctioned, so that the power OF Con-
to institute it within the District did not arises
and 1t is supposed would contend that wit 1in
the cesson of nonslavehodng State for forts, SO.
Congress could establish slavery
torf ttrrftn al nan ad
referred property they desgnat as persons
In the second section of the first article, which ap-
portions and direct taxes the words
three fhs Of all persons include slaves. They
referred to in the ninth section Of the article,
which declares that " the migration or Importation OF
such persons any of the States existing shall
think proper to admit, shall not be prohibited by the
prior 10 Inc year seu Of tSs fourth
article in relation TO fugitves from labor In no other
part Of the constitution is there any reference to
slaves. 49,
In the third section Of the fourth article it de-
clared that Congress shall have power to dispose Of
and make all needfl rules and regulations respecting
the territory and other property belonging to the Uni
ted States" The power here given is limited to ths
may be exercised well within State territory.
1t gives express power to institute q territorial GO
vernment to adopt regulations beyond the specific
objects of his grant Congress authorised to dis
pose of the territory (land or other property Po
This IL considered too clear to be controverted.
There is sacrifice power given to Congress- In tho
Constitution which authorizes the establishment Of
territorial government except that which relates to
the District Of Coumba
The ordinance for the government of the territory
Of the United States northwest of the river Ohio,
approved 7th August, 17e7 which before the for
nation of the Constitution of the United States
hat ordinance provided for the first and second grade
Of territorial which extended the ter
riory that includes the present States Of Ohio Indians,
Illinois, aud Michigan Separate territorial govern
mcnts we're formed under the ordinance, as the pro-
ercss of the population demanded and this fact
on The subject in the Constitution unnscessary On
the 7th August, 1889, the ordinance was modified by
act Of Congress- as to adapt 1t to the Consttu
ton.
The relation of master and slave is dependent upon
the local law; and when the slave escapes, by any
means. TO State where such relation does not exist
he is free unless under general law he may be
tur,d by the master The Constitution, which author
ICES the reclamation of fugtves from labor Is the law
of the u MON this subject There Is principle in
the OF nations in the commo law as between
sovercig ntes which authorizes reception of fug-
tive slave. These principles will not be disputed by
any who has examined the decisions OF the Court
the United States.
Under the articles of ederaon there was pro-
vision for the Of fugtives from justice, but
none in regard to absconding slaves. There was
therefore no obligation q free State, unless impos-
ed by its laws to deliver slave there
any legal through which the master could claim
The fugitive. The Inconvenience and collision which
fequ nifty from this state of things led to the
above provision in the Constitution
The power to institute slavery belongs exclusively
TO The community in which il exists In the language
of Chief Justice fancy, In Groves vs. Slaughter, 10
Peters sos State has right to decide itself whethsr
IL will will not permit slaves to be brought within
its another State, either for sale or any
other purpose; and also to prescribe the manner aud
mt de In which they may be introduced and to deter
mine their condition and treatment; aud this action
cannot be controlled by Congress, either by virtue Of
it, power to regulate commerce, or by virtue Of any
other power conferred by the Constitution Of the nj
ted States.
And the case of Prigg vs. the Commonwealth of
Pennsylvania, 10 Peters TIL the Supreme Court says:
'TEe state Of slavery is de- ed to be municipal
gustion founded upCt ana limited to the range VI
he territorial law aud lit is manifest from this
sderstion tiat If the Con stuton had not contained
the clause reception every non slsvenod ng State
in the Union would have been at liberty to have de-
clar.d free all runaway slaves coming within It's limits
and to have given them entire immunity and pretec-
ton against the claims Of their masters
The true construction Of the Constitution is, that
implied powers only be exercised in carrying into
effect specific power And this implication rs limit
ed to such measure shall be appropriate to the sub
iect his IL AN admitted and safe rule OF construc.