Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1848-09-21

You must see at once what the direct and in
eviiabe results that follow this conclusion Wecan-
not by any law or proviso, make these territories
more free Than they are. A Wilmot proviso applied
to them is much nullity as If it applied to our
own State Of Indiana. As expression of Con-
gressona opinion. it may have or less of NOR
al weight; as legal provision il is not worth the
paper it is written on.
So also of the Missouri Compromise, if sought To be
extended over these new acquisitions As applicable
to Louisiana. it had force for slavery existed in
that province when purchased it, and could there
fore be excluded from il, wholly or in part by law
As applied to California. ii has none II but excludes
from part what is already excluded from the whole
and BY false inference, it seems to recognize sa-
very Cover belt of some four degrees Of lattude)
where It does not exist, and where it cannot by vir-
tue of any such inference, be established.
Many of the Free Soil advocates admit the point of
law have here made. Alta Van Buren, meeting held
in the Park, New York. the 25th of July last, at
which some thirty-sx Vice Presidents and twenty
Secretaries were appointed, and of which Horace
Greeley was one Of the speakers resolution was pas
sed commencing,
"ResOlped, That although advised by eminent Ju-
rists and as ice believe correctly that the laws of Oregon
Mexico by which slavery has been aboI,
shed in these territories tcil remain
ur under the authority Congress- by the proper auhor
ties Of the Territories after they shall be formed States
yet this doctrine generally denied by the Representa-
ives Of the SOUTH &c-they consider excluding prOvo
necessary.
admit deny, but what legal decision in the case
will ultimately be. Had the original BILL not very |
correctly called the Compromise Bill" Of the Sem
ate become law, two results of vital Importance |
would have been obtained: the first, that the eglsa
tive power of these territories could have enacted
law regarding Slavery; and therefore New Mexico
and California, while they remained territories under
that law, would. unless Congress inerered have re-
riained Free and the second. that by authorizing an
appeal from the Territorial Courts to the Supreme
ffsL IL T.,ta 81 z
al freedom would have been brought up and determ-
Ined finally and beyond appeal, before the highest le
gal tribunal in the Union.
To this very appeal many of the Free Soil party OBJ
ject. Their Argument is, that in the Supreme Court
composed part Of shareholders and in part of those
welded to southern views, they have no confidence
whatever That Court, they aver, will be governed in
It's decisions, not by law aud precedent but by IFS
Pro-savery predictions: and therefore they will not
trust il.
Such position is, in my judgment, untenable and
UNJUST 10 presume, in advance that In deciding
great national question, which will attract the at
tention of the whole civilized world, the Supreme
Court of the United States will cast behind il all set
tied usage, all established law, all recorded authority
will forfeit forever It's high reputation, sacrifice the
professional standing of lis members, and expose itself
to the finger of tribunal without probiiy
principle; Is monsrous superstition, outraging pro-
DaOIilty, repugnant to common sense. But this is
not all. Say that the Supreme Court IS thus venaI
ana corrupt, the mere mouthpece OF Southern opin-
ion, how do the Free Soil party expect 10 escape it's
fiat by enacting Wilmot proviso That, if their
Judgment OF the Supreme Court be just one, is
mere rope OF sand. Ii is notorious, that the Repre-
sentntives from the South deny the consttutonaty
OF any such provIso; and it their views to be
, bassamed giving law 10 the Supreme Court iaen
the lroviso itself, whenever the question up
fr legal decision, will be declared unconsu-
tlonal and nuliy; and slavery, in spite Of the Pro-
viso, will extend and maintain itself STILL From
fsuch decision there would be appeal, except n
! revolutionary one. And 1t is not conceivable that
Court lost honor aud decency the superstition
| am combating liners, would be deferred from any
decision by Congressional vote
If we have confidence in that tribunal to which
the Constitution eniruss The final decision of nil ques-
tons touching the validity and construction of the
laws OF the United States, let alter the Constitu-
ton, 10 suit our mstrus If we are not prepared to
do this, then let bear in mind, that in such mat
ter as the present muSt trust the Supreme Court.
Except by resort to mob law, we cannot escape her
ultimate decision.
We might, indeed postpone that decision, by neg
ectng to provide by law for the reference of the
question TO the Supreme Court A writ of error or
appeal from Territorial Court to the Supreme Court
does not lie except by special statute provision. But
[ think that neither the North South would be
willing to abide. in matter vital this, by the
opinion Of majority Of three Territorial Judges
i There Is under our Constitution, but possible
mode according to which question like the present,
turning on point Of law, be put to rest. Con-
gress cannot settle it. except Professionally From
Law Of Congress, if its constitutionay be question
r. ed there is appeal to the Supreme Court. Moth
ing short OF lis decision is, be, final. The
sooner that decision is obtained, the better
Ii Is sometimes argued, behalf of the Free Soil
creed, that if the final decision of the Supreme
court should be, that our recently acquired territory
/, is free, Southern men will meanwhile crowd into il
and fill up those lands with slave plantations.
This argument is without force In the first place
these territories little suited slave labor;
and in the second, common prudence will restrain
men from taking into them valuable property, of
which the title perfect at hume, and yet which,
in these regions, the law may, next month or next
year, decide, that they have title whatever.
know 1t may still be urged, that Wimot Provi-
So IT nefcacIous, is innocent and even if without
force as legal enactment, has its weight and its
beneficial influence public expression of opinion
1 TO this 1 reply, that Congress is elected, not to
5 press opinions (the people do hat) but enact
laws; and that when 1t expresses opinions calculated
To rrfate to stir up sectional heart-burnings, and
array one portion Of the Union in hostile spirit against
another that unnecessary expression is not innocent
, it's an instrument of mischief.
: The opposition Of the South to the Wilmot Provso
is more matter of abstract dssent-a feeling SPRING
ing from State prlde-than practical business obec-
ri ton. Reasonable men in the Southern States do not
expect TO carry their slaves to New Mexico and CAL
forna, because they doubt whether be profably
done. But it is in human nature TO resist, WIDEN it
encounters what it believes to be uncalled for ag
gression.
The South will not regard with the same feeling,
nor resent in The spirit, decision Of the SUI
i preme Court 10 existing law, though its
1 effects may be the same as Congressional Provso.
She will submit TO the supremacy Of the law: Ii will
/. not gall her as sectional triumph. Why should we
insist upon the form and the manner that is TO her
the most offcnsivei
u We act in that spirit of comfy and moderation
which is strictly due from portion of great Con-
federacy like to another, the South will not fail