The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-11-04

Shareholders who hold that Congress has no right TO
such Senator Butler of South Carolina, has
openly avOwed this He declares such prohibition TO
be nulity. Southern generally will regard il
mere sectional, erparte decisions northern triumph.
And, thus regarded II will rTitae instead of restraining
II VIII provoke resistance, instead OF putting the matter TO
rest Congress no prohibition more valid than
that which inheres In the existing law. II the law,
known. acknowledged, sustained by array of authon
ties such as can seldom be concentrated on point,
suffice not to maintain freedom in these Territories,
neither may be assured will Shareholders regard
extra political decision, made by the representatives of
one section OF the Union under proestA those oil an
other.
IT, then, shareholders resolved test the law ques
ton, assuTedly no Wimot Provso will prevent theU do
ing II is easy TO Join issue the question of the
constItutionaty of such proviso, as any other.
The slave gains nothing by the shifting OF the ques
hon You cannot thus, in any measure, avoid the Diff
Guilty which suggests itself to your mind about nsutlng
proceedings and paying costs; about the ignorance and
poverty OF the slave. II he be held to slavery in Cali
lorna, on The ground that excluding provso Is I'M
constitutional and null, OF the -slavehOldng
neighbors, other white man, must institute a
suit at law, OF which the effect will be deprive the
STAKEHOLDER OF his property unless indeed, some future
territorial law should provide that negro may himself
institute legal proceedings to test the question of his
freedom.
But there is practical difficulty about testing the le
gal question: in advance, and without offence 10
You cannot doubt, that in the city of New York alone, in
half an hour five or ten thousand dollars could be OBJ
tanned from slavery men If it would secure that OBJ
ject Let this be placed in the hands of rustwor
thy man let him proceed to Louisiana and purchase
slave let him take him into New Mexico, and keep him
there long enough to make him free then bring him
back 10 louisiana and try the question of his freedom
before the proper court taking appeal if necessary,
to The Supreme Court If there be any difficulty IN con-
sequence of the amount in controversy being under two
thousand dollars let the negro purchased be blacksmith
other artisan worth in the market than that
Let the South be apprzed that the object TO OBJ
tain final decision to the legal point and they will
doubtless nrus their case to the best legal talent among
them.
My FIRST and indeed my only reliance, is on such
judicial decision Nothing short of it is, be final
Nothing short OF it will prevent slave from being held
to slavery in Territories. A decaralory proviso
will exasperate and there its effect will end 1t will
convince Its validity will be acknowledged by
those only who are already in favor OF its principle
The South. you think, ought not TO find cause of Of
fence in such proviso- In absolute strctness that is
true; for the mere declaration that the law is it truly
is, cannot be Just of offence. But southern
generally do not and cannot thus regard it. Il is moot
point, on which the North and the South differ. The
South is not willing that the North, party in the
law point, in regarl 10 which, by constitution, Con
gress not the final arber They willing TO leave it
the Supreme Court the tribunal expressly ordained by
the constitution TO decide in all such cases And SO am
am not satisfied with legislative decision, both rrl
ating and inconclusive. desire judicial decision, to
which all should be willing TO submit; and in which all,
whatever their opinions, must acQulesce
My reliance, meanwhile, is on the publication and dis
semnaton OF the true legal doctrine this subject and
of The authorities which sustain it. The South will look
INTO these; for senterest will prompt the examination
They will deter her. far eiectually than any pro-
viso, from sacrificing her property by vain attempt TO
hold slaves in a free Territory.
This caused me to furnish to the State Sentinel notes
of my views on this subject, as have given them
throughout the present and for the reason,
shall offer your letter and this reply to that paper for
publication
The object which prompts the views and sentiments
expressed by you just and good that they deserve
and have received from careful considerations and it
is only after having fully and trust canddly weighed
their various bearings that have thus frankly expressed
my dissent.
I am, my dear sir, respectfully and faithfully your
friend ROBERT DALE OWEN.
Iou Eu.