The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1848-11-03
DEMoCRA TIC VIEW OF THE WILMOr PRO
VISO REVIEWED.

which has been extensively crcu'ated as a political
Tract among the infected districts have mlde out WAT
a FIRST seems to be very plausible case to show hat
the Free Sod movement vithout necessity purpose
or object" and consequently "without honest legitimate
ga pure humhug." If the premises assum>
ed were sound then admit that their conclusion would |
be correct. But upon examination, it happens in this |
case, ash has often happened before chat story
good until another is told" This which to superficial
observer, seems perfectly conclusive and impegnabe'
'vanisheS at the touch OF truth mo Tim air aud like
the baseess fabric Of VISION leaves not a wreck be-
hind" We will first fairly state the case as they pre-
sent it.
Slavery" says the Palladium "eannot exist where ii
not sustained by positive Law" and consequently it
cannot go into the Territories Of the Ualon without the
express sanction of Congress, To sustain hi, Law the
following authorities given, Chancellor Walworth
Daniel Webster, and Chief Justice Bronson of New
York To give still higher authority we are referred TO
Judge Mclean, one of the Justices Of the Supteme
Court of the United States who says
"The relation Of master and slave is dependent upon
local law.
III any part of Mexican Territory shall be annexed
Slavery is sanctioned III Mexico it must come ia
to the Union as free territory; and the important ques,
ton rises whether Congress have The power make it
slave territory This question answered in the nega>
tive by Mr. Van Buren,, who says Congress is as
poweress to make slave make king as power
less to establish slavery to establish monarchy"
To make doubly sure for the Wlmot or
(more properly speakng) the Jefersonan Proviso Dem
ocras, Gen. Cass says-"Briehy we are opposed 10
the exercise ofany jurisdiction by Congress over this
matter" Of Slavery in the Territories, because
We do not in the Constitution any grant fthe
requisite power to Congress. If therefore Congress
should pass Bill to sanction slavery in the territories,
Gen. Cass is virtually pledged to vetoit
What, then is the necessity Of third party to pre-
vent slavery extenson2 Why not vote for Lewis Cass
and save all this unnecessary commoton about Free
Soil?
The argument as thus presented seems conclusive
but it contains fatal faIacy which his-the law as
laid down above is Northern law, and every authority
referred to is north of Mason & Dtxons line The mos
ment you pass that line Southern law and Southern
authorities, held, exactly the reverse. For
example here is the report of recently decided
! by the Supreme Court OF Missouri.
Charlotte, (of color Chouteau-appeGI from the
| Circuit Court-Resolued
a. Slavery may exist without any positive law au-
thorizing it.
90 The existence of slavery i'll fact is presumplve
| evidence OF its LEGALITY.
80 II necessary to show any general custom in
country, Of holding negroes slavery prove its e.
gaty. lift be found exist in fact even to a limited
extent, and no positive law prohibiting il be shown,
will be- tfsm dHcy e7Iave states TO favor me
| Liberation OF negroes"
According to this law all that is necessary to sanction
slavery in this territory for the Stakeholder 10 20
there with his slaves and in the absence oauy law pro-
hbuinp ifS eUicienca bo 49,,
South therefore do ask wish for any law of Con-
gress to sanction slavery there They have only to es
tablish its existence legalze it This new Ierrtor,
will probably lie within the jurisdiction OF Southern
Cour and any should ever he carried up by an
peal TO the Supreme Court Washing ton be it remem
bered that majority of the Judges ON that Bench are
southern men, How such Courl would decide such Il
question, no one need for doubt when he re-,
members with what complacency, John G Calhoun
agreed TO submit TO their decision the famous "Com-
promise Bill" which up the s. Senate upon the
Oregon debate. That this is the opinion of law usually
entertained by Southern will also appear from the
following extract from speech delivered by Hon.
Thomas Corwin i'll the debate above alluded to-
"Wlth very few exceptions all eminent lawyers on the
floor coming from Slave States have argued that Won
have no right TO prohibit the Introduction of Slavery
into Oregon California and New Mexico; while on the
other hand, there IS not from the free States who
has any pfeensinns to legal knowledge but believes in
his conscience that you have right 10 prohibit Slavery
Is not tins curious commentary upon that wonderful
tnlng called human reason II is regulated by the line
OF 50 0lV-what is black on one side is white ON the
other On one side OF the line the Constitution reads
yea-on The other side il reads nay"
Here, then, is collision of authorities and who is to
decide II we take the position OF the Palladium. and
quietly Told our arms i'll inacion crying peace peace
Inc case will go for the South by default All the South
ask just what The Palladium proposes viz that we
should do nothing. The practical operation of this
course has been clearly in the case of Texas Can
the Editor OF the Palladium point 10 any law Of Con.
gress sancionng Slavery in Texas territory and vel
who does no know that Slavery exists there and rap
idly spreading
The argument of the Palladium therefore az nresen,.
ed in our Speech" is withou, foundation and tal. I
ifeess 10 the ground.
We have now to put "a question to the Palladium
and every Northern Democrat to answer. for We bave
as yet been unablet TO fnd one who would or could do =
Gen. Cas-, as the Palladium truly says, denies 10 Con
gress any power to legsate upon The suhjec, of Slavery
in the Territories.
To say nothing Of The yarlous ac,e ,c Cr- r