The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-06-03

1--WE Us your ultra, alter all lie makes, IN
yariably, a clean breast Of it-swreps away
facts, decisions, convictions, as a lusty house.
maid would eObwebs IN the parlcr
Now, here is Mr.. Woodward, member Of
Congress from south Carolina. who cares nc
more about dividing save than he would a sum
IA arithmetic What is a siavef some one
asked. "For representation and taxatieii, three
ffIhs was property aud man together; The rest,
nonentity," was the reply. We knew this gen.
tlemsR in earlier days, as dreamy lne.sphysi.
clan; what he is now. We know not.
The Honorable member has discovered that
it is wrong to call slavery an Institution. "Jusl
well call tobacco, or rice, a steamboat an in.
stitution." at Is a faef.' II domini. Samp-
son had heard that. he would have exclaimed
''prOdigiOHs" with a vengeance. What. be-
cause you hold slaves to be property, therefore,
all men are in error in calling slavery an insti.
tntiOn! Because, according 10 your theory
slavery exists rs property" and "ths notion
Of property is in opposition 10 communism, 4"
therefore, IL is 10 be designated as we designate
tobacco, rice, cotton. and steamboats,!
But We said there was a debate, and this time
mainly between ultras Of the SOuih-afr Bay
ley Of Va. and Mr.. Woodward Of South Carroll.
IA. The latter was for the extreme Southern
plstfOrm-sll tsrritOrie, are common property
therefore, the stakeholder can take his slave.
there if he Pleases. II We acquire Canada, hs
can go there, matter what the people say or
declare. II we take the whole Of Mexico, he
can 60 there, no matter what Congress DEGREES,
OF the Me1ieans may affirm. oregon. CsIifOr-
mia, all-all must bend before this fixed rule Of
right. The South warts more room, aad must
have h-more land. contiguous land, and mus
have IL; no crowded population for her; and il
for Congress TO sihrm this right, not the
Judiciary. At this point
Mr. bRoDHE AID the hoOr being yieldet1 woult
like 10 know from the gentleman froEi South
Carolina whether this Congress could add 10 OF
take from the constitutional power and right,
Of slsveholders7 II they had the constitution.
al right to 20 into new Territories and h old their
slaves, that power would be given 10 them b.
the Judiciary deciding upon the Constitution.
Mr.. WOODWARD sale he was coming TO thai
point. How did the JudicisTy get thert7 Whsi
Judiciary did his friend from Pennsylvania
meant The courts OF the United States1 They
could only get there passing the Constitution
aud the laws; they could only take jurisdiction
Of cases arising under the laws OF this Govern
ment, made through its functionaries--the La
gislature or the the treaty making power
Mr.. BATLY wished TO be allowed 10 ask a sin
gle question, and THE floor being yielcled) in
| CURED il his friend from South CorOlino mean
TO maintain the proposition that the Congress o
the United States could pass law or egislate II
any manner upon the subject Of slavery In th'
| Territoriesl
Mr.. WOODWARD replied in the negative, an.
asked how the court could get jurisdiction
Mr. BsYLr. Is not the Constitution Of III
U nited States the supreme law Of the land: AM
is not il part Of the law which the Jadiciar
| must administer
| Mr.. WOODWARD. Exactly so. But If thel'
is no constitutional establishment Of slavery i
the Territories, which no one contends, an
there is no law for this purpose, how dies You
court get jurisdiction Of the case7
They were told that slavery existed by th
laws Of the Territories; and who the JUDI,
Of the laws of the Territories but the Judiciary
file did not pretend that the Constitution estaa
iished IT, The issue had been made, wheths
slavery exists without the Constitution, at,
without the laws. II il did, il exists by loci
laws and by local principles, and must l,e deter
mined by the local Judiciary. Now, he ask,
for guaranty, and il those interested in Oh
subject as he was would stand by him, he woul
have guaranty.
These questions staggered Mr.. Wsodwar
Tie was posed. lie felt keenly, that his friei
BayIy should use him so. But he waived Il
judicial pOint--(that was se)-said he won
discuss that hereafter rather think he will NJ
though land declared that the question. whetl
er slaves could be taken into territories,
whether the people Of those territories could /
galize or establish slavery, were questions Il
Congress. Hear him, then, in full exIlanaii'
Of his theory, and MIR. Bayly's replies; %
"Mr. WOODWARD inierposed to say thai
had not taken such a position AS that the Coz
stituiion Of the United States creates slavery
any Territory at all. He maintained that slsy
~ IL fact. IL is not created. IL his frieI
would indulge him he would explain. "A gisa
Z error prevailed in calling slavery an in,tltuto
: They might as well call tobacco, rice, or
> steamboat, an institution. Il Is fact II
: property, and no legislation could do aug
n with Il. II would take the constitutional al
) thority 10 break IL mp, and to make or unmal
IL The notion they had of property weuld n
Y permit them TO call II an institution. The n
- ton Of property was an idea in opposition
communism; that is, the idea by which enc mi
becomes the exclusive owner Of chattels or an
he thing else. Slavery exists as property. III
white race, without the Constitution, al an ear
period Of the world, went 10 Africa and seiz
without law, aud held without law, the negro
taken there. The law did not exist 20 make .
groes property any more than II did TO MA