Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1848-11-23

'uugF NcLeahs article is repuhllshed III the Stan
dard al Columbus accompanied by what is termed re-
MARKS These remarks we understand, are from the
pen OF the Judge himself and contain sound good
doctrine. We copy them below, and commend them
to the readers attention:
REMARKS.
If Slavery subsists only by virtue of the Municipal
law it is clear that it can no more exist in Terrific
ry without such law, than man can breathe without
air. The power of the master as much depends upon
local law as the power of a corporate body. Ohio
coners corporate powers on certain individuals; these
powers cannot be exercised in Kentucky Nor cana
stakeholder of Kentucky exercise power on slave
in Ohio And if the Constitution of the United States
and the act of Congress had provided for the sur
render of ugitves from labor every slave that escap-
ed, by whatever means, from slave State to free
one, would he free man.
This is doctrine of the civilized world 1t is found
alike in the common law and the civil
Can slaves be taken into free Territory as prop
ery? This sanswered by the inquiry, are they prop
ery in such Territory? No one can maintain this.
That one should have property in another, con-
trary to all law, except that which makes man slave
Under it he is considered property but this law is
limited to the State which originated it. 1t has ex-
ira territorial operation coored man, therefore,
taken by his into free Territory can no more
ho held slave than he be so held in free State
The law which creates the right of the master and The
obligation of the slave, is wanting and without it no
slavery can exist.
Does slavery exist in Mexco-tlat slavery which
is involuntary, and which results ffsm established law?
1t does not The peon service is founded on contract
He agrees to work at fixed price per month or wear;
The employer supplies him with provisions and cloth.
ing and keeps the account, charging for the articles
furnished often exorbtant and fraudulent prices And
it oiten if not generally happens, that the longer the
peon labors, the greater is his Indictment Now,
this has no analogy to the Negro slavery at the South
that originated in force, and not in contract
Under our institutions the peon servitude could not
be enforced in that manner No man by his contract
can make himself slave. His rights in this respect
are inalienable In no point of view could such
servituAe, or law under which it is exaced, be made
to sanction negro slavery. Such slavery was long
since abolished in Mexico by, it is believed, its
ganic law. The Territory, then, that has been an
neXed, under the late treaty. is free territory There
is no law or institution of Mexico which could give
the least color for absolute slavery. There many
coored persons in Mevco Int they are as free as
other citizens Of that country.
The position that man may take his slaves to any
Territory of the United States on the ground that the
people of the States have common interest In the
soil and government of it, is unsustainabe. What is
this common interest 1t is nothing than right
to purcha Sc the soil authorized by law, and to ex-
ercise such rights in the government of the Terrific
ry whether he become citizen of it OF not, as the
law gives him. A citizen of the North or South takes
with him to the Territory none Of the peculiar rights
which he enjoyed in the State from whence he migra-
ted. In this respect the Territorial laws are dis
tinct from the States as the laws of the respective
Statos distinct from each other. There is
mon right which is not regulated by law, ana which
may not be claimed in a State well As a Territory
1t is singular that so loose and so indefensblc an
idea should be advanced the right here contested
that if an individual be a slave by the laws of
State, and is within it, legally considered property
he may be taken and held as a slave in a Territory
where the law does not authorize slavery The great
principle seems to be overlooked that slavery is mu
nicpa regulation, and that the principle applies with
as much force IN Territorial a State Government.
In this principle is found the important fact that to
preserve Territory State Free slavery need not be
prohibited, seeing it only exist by positive law
Where there is no law to authorize it, there can be
no slavery. This is a proposition too clear for argu-
ment On this basis rest large proportion of the
free States. England has no law prohibiting slavery,
yet Sommersett" slave, was declared to be free,
by the Court of Kings Bench, when he put his foot
upon the sol of England. And on the prlnci-
pie, if slave, with the consent of his master, 60 to
free State he is made tee not because slavery pro-
hbted in such State, but because there is law that
sanctions it.
To prohibit implies the right to do the thing
prohibited. Why prohibit a man from taking his
slaves to free Territory, if he has no legal right to
do so: He forfets the slave by bringing him into
the Territory whether he is prohibited from doing
or not, A prohibition does not add to the force of
the above principle. And if effect cannot be given
it, can prohibition be made efectual7
As measure of policy, notice or prohibition can
not be too strongly urged. There can be no doubt
that Congress have the power to prohibit slavery in
a Territory, although they cannot establish it. Hav-
ing the implied power to legsate for the protection Of
the citizens of the Territory they may prohibit color
ed PERSONS whether free or slaves, from coming into
it. They may exclude from the Territory any per-
sons who not citizens, and who may disturb the
peace corrupt the morals of the people.
Although the legal principle against Territorial
slavery would not be made stronger by prohi-
bton yet the master would not be likely to hazard
the right to his slaves, by disregardng such an ex
preston by the law-mOkng power. In this point Of
view, the adoption of the Wimot Proviso or some
other authoritative declaration not less explicit would
be important
The Taylor men begin to be alarmed at the
responsibility they have incurred by the cleo.