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

its passage--and that Therefore, slavery can never
exist in the Territories of New Mexico and Cali-l
fornia long they remain The territories OF the
United States. In other words, if Southern slave
holders should transport slaves to those territories
they would be free; and the Supreme Court would
SO decide, for the reason that no law existed there,
constitutionally, by which they could be held in
bondage.
II these positions be correct, we take it, as pretty
conclusive, that slavery never will exist 10 the
two territories referred to above even after they
shall have become States. lfslavery is excluded
until States are formed therefrom, there would be
no inducement or no more probability that the in-
habitants would introduce slavery Than in the State
Of Ohio.
Another idea. In l Peters, 542, the Supreme
Court Of the United States have decided that
"The usage Of the world is, If ma
lion be not entirely subdued, to consid-
er the holding Of conquered territory as
mere military occupation, until its
fate shall be determined at the treaty OF
peace. If it be ceded by a treaty,
the acquisition is confirmed, and the
ceded territory becomes part Of the
nation to which it is anne xed, either on
The terms stipulated by the treaty Of
cession, or on such as its new masters
shall impose. On such transfer of ter
ritory, IL has neper been he'd that the re.
iations Of The Inhabitants ,oith each 9TH
er are changed. Their relations with
their former Sovereign are dissolved,
and new relations are created between
them and the Government which has
acquired their territory. The same act
which transfers their territory, trans
fers the allegiance Of those who remain
ia it, and the law which may be denom-
mated political is necessarily changed,
although that which regulates the inter-
course and general conduct Of indiuidu-
alsremainsia III force, until altered by the
newly created power Of the State"
Now we contend that, under this decision, the
Supreme Court would again decide. should the
question ever come before them, that the transfer
of the territories of New Mexico and California did
not change The relations of the inhabitants ,cith
each other; and that the law "which regulates the
intercourse and general conduct Of individuals re-
mains in force, until altered by the newly created
power of the State;" and that the newly created
power of the State would have no power to make
any other change than that which, under the Con-
,,;..:nn xyo,IJ he .ph;ch xuo,,ld IN oaf
certainly, not extend 10 the creation of slavery.
Another idea, and we close for this week. The
present bill before Congress, prevents the terrific
rial legislatures of New Mexico and California,
which are to consist of the Governor, Secretary.
and Judges Of said territories, appointed by the
President by and with the advice and consent of
the Senate, from legislating upon the subject of
slavery. This is well, because such legislature
are the agents of this government, not deriv
ing any power or authority from tho people whom
they govern, or for whom they make laws. But
according to the position We have assumed. such
legislatures would not have the authority to pass
law creating slavery, even without the prohibition
of Congress. How far we have successfully main
tdiueo uis Pooiton 10 III oheis W JuoSo
The shareholders of the South contend that the
territories of the United States are the common
patrmony of the people of the whole Union---that
therefore the stakeholder has as much right to
take his slaves into such territory, although free
when acquired, as the Pennsylvania has to take
his horses or cattle there and hold them. This po
sition we will combat in future number. ~