The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-21


thinks differently and regards it the finest portion
of his speech for he has used expressio which
raise him to the level of the great Athnsn orator for
indignant denunciation He mistakes his fate. He
will be fortunate should he sinking to the level
of Thersites. He seems not to apprehend that the
difference is wide between the indignant eoquence OF
patriotism and truth and scurrious defamation also
pass over his attack the Southern address,
1t has been too generally read and TO well unasr
it, The wonder is that he should venture to make al
attack in open daylight The remote twilight region
Of the past lying between truth and fiction best suits
Passing all these by am brought to where he throws
off his disguise and enters the camp OF tne enemy ana
openly proclaming himself an aooltionst endorses all
their doctrines and steps forth as their champion In
that character he assumes dictatoral air aud pro-
neunces II is absurd to deny the power of Congress
to egsate it peases the subject Of slavery in the
territories that it has exercised the power from the
foundation without beng questioned, until introduce
ed my resolutions that slavery is local in its ch srac
ter that 1t must be created by law aud cannot be
ed inch hey ond the limits of he State that enacted
it, that slaves cannot be carried into New Mexico
California because the Mexican laws abolished slavery
there, and s in force aud concludes that it is
abstract question of i'm portapce because the
people there and especially the foreigners opposed
to It, ana will not permit you to emgrate into the terri
tory with your slaves.
do propose enter into formal competition Of
assertions ostentaously pronounced 1t is not
cessary. They the same that put forth and
relied on by those opposed to you in the discussion on
the Orego territorial bill during the session preceding
the last and which then fully met and refuted by
and others who took your side Of the question.
What now propose very summary and brief notice
begin with that which Inserts that Congress has
the power to do peases upon the subject Of slavery
in the territories deny the assertion and maintain
that Congress has no such power over slavery there or
elsew here. eny other subject deny that Con-
gress has any absolute whatever or thai has
any OF any descriptions except such specifically
delegated or that necessary and proper to carry
them into execution maintain, that all its powers
delegated and trust powers and not positive and
absolute and that all OF the latter desert pon belong
exclusively TO the people Of the several States in thcr
sovereign character also hold that Congress Is but
their representative and trustee, and that in carry
ing into execution its powers, it cannot rghtfuy ex
ercise any inconsistent with the nature and object of
the trust, with the chai scter Of the party who
created the trust and for whose benefit it created
/ finally hold, that instead of having the absolute
power the territories of doing 1t peases that
Congress s restrained by all these limitations aud that
its power to exclude you from emigrating with your
slaves into them cannot be maintained without deny
ing that Is government OF which States aud not
individuals the constituents, and that Congress
holds its powers delegated and trust powers Nor
It be maintained, without assuming that ours is
consolidated government asd holds It's powers abso-
lutey In It's sovereign right of doing pleases
also deny the truth Of his next assertion, that it
has exercised the power the territories as it
pleased, without being questioned, until introduced
my resolutions. | maintain, on the contrary, that
such power exercised by Congress until he
That was the first bill containing the wilmot prosiso,
that ever passed as has been stated-passed solely
to assert the absolute right of doing it peascs All
others including the ordinances of 1857 passed
compromises which waived the question of power, as
has been frequently shown Nor is his assertion moro
correct that the power never was questioned until the
Introduction Of nv resolutions. 1t was questioned
from the start beginning with the ordinance of 1881
Mr. Madison pronounced that it was adopted without
shadow Of right Since then, 1t has been acquiesced
In not as right but as compromise until the North
refused all promise and ed the South stand
its rights where it should have stood from the nrst
The next assertion, that slavery Is local in its cha
racter that it must be enacted by law and cannot DO
carried inch beyond the limits of the State that
enacted it, is equally unmaintanabe. 1t is clear that
in making it, he intended to affirm, that in these
poets, property in slaves stands on very different
ground from every other description Of property.
deny the fact, and maintain that there is no dis
tinction between 1t and other property, in that
spect 1t requires to be enacted by law or-to
express 1t more spocincay-to have positive enact
else The relation Of as,er and slave was one Of the
first and most universal forms in which property
listed 1t Is ancient that there IL record of its
origin. 1t is probably ancient than separate and
distinct property in lands aud quite as easily defended
on abstract principles So far from being created by
positive enactment, know Of instance in which 1t
ever was or to express it more accurately in which 10
had its origin in acts Of legislatures 1t always older
than the laws which undertake to regulate and such
Is the case with slavery, rs II exists with They
were for the most part slaves in Africa they
bought slaves brought here slaves, sold here
slaves and held as slaves long before any enactment
made them slaves. | even doubt whether there Is q
single State in the South that even enacted them to
be slaves There hundreds OF acts that recognize
ard regulate them euch, but none appreheud, that
are constantly regarded as pre-. existing relations
Nor Is local in its character than other
property The laws Of all countries, In reference to
everything including property OF every kind local.
and cannot an inch beyond tho limits to which the
authority Of he country extonds In case Of property
Of tho country where il Is into another, where the
same pton Of hugs regarded as property It
continues TO be so there but becomes subject to the
laws and regulations Of the pacs in reference to such
property But lift be prohibited rs property, in the
country into which IL ceases TO be unless
II has been forced in, under circumstances which
placed IL under the protection Of International laws
THUS one and the same principle applies in this respect
to all property in things animate or inanimatc, and
rational or irrational There can be no exception;
property everywhere and Of every kind is subject to
the control Of the authority Of the csuntry Thus far,
i hcld tnat there can be no reasonable doubt.
Nor there be any that the principle applies
between the several States in system of govern
ment Slaves, any other property carried into a
state where u Is also property continues still TO b. So
property This Is admitted too by all It Is also al.
mitted by all, that the general government cannot
oyerrue the laws OF State, as to what shall or shall
not be property within the limits Of it, authority The
only question, then, H. what is the Of the general
government where it's authority extends beyond the
limits Of the authority Of the States regarded in their
separate and ndiy dua character, to make 1t
specific, can 1t determine what shall shalt not be
property in the territories wherever else its sutho
rity extends beyond that of the States separately, or
TO make IL still more So can IL establish slavery In the
territories! can IL enact Law providing that any
or muintto found In the territories OF the United States
shall be slave and be liable to be seized aud treated
to oil Benton's doctrine that Congress may lesslatc
a. pleases the subject Of slavery la the terrific
there l. sn"sber Who s.u na aaqee With miner
But N has not the to establish slavery Ia the
territories bow it have the power to abolish IL
The one Is the counterpart Of the other and whore Ia
the provision Of the constitution to be found which
authorises the on. aud forbids the other
The zane question RAY be rropouDded as TO public
and private yefels belon gng 20 the United states and
tner cfcns the high for the ncipls which
applies to the territories equally applies to them AMI
TO all places TO which the authority Of the general
vcTDment extends, beyond the States regarded srpa
rately.
It IL, Indeed great msconcepton Of tn. character
and OBJECT Of the general government suppose that
II hss the power either - establish abolish slavery
eny other property where iu authority ex,snJs be-
you'd the rits Of the States regarded ndivduslly.
It's authority IL but the united aud joint Authority "
the several states, conferred upon by constitution
adopted mutual agreement bat by the separate act
Of each state In like manner 10 every respect each
adopted ts csn separate constit with the single
exception that adopted without and ths other
mutusl agreement Of all the States IL IL, then in
fact, the constitution Of each State much its
separate constitution, aud T. only the constt
Of all the States because 10 IL that Il each As the