The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-09-12
THE DGTY OF THE FREE DEMOCRACY.

The California Admission Bill, the Utah Ter
ritoriaf Bill, and the Texas Boundary and New
Mexico Territorial Bill, have received the ap-
proval of President Fillmore, and have become
laws of the land.
What has been gained and what lost to Free
dom by these acts?
l. The entire Pacific coast is covered by pro-
hibition against slavery-in Oregon by act of Con-
gress; in California by the Constitution of the
State Both these splendid acquisitions to the
free soil of the Union are due, mainly, to the ac-
ton Of the Jeffersonian Democracy at Buffalo,
and subsequently.
2. On the other hand, the Texan Boundary
Bill surrenders ut least ninety thousand square
miles of free soil to slavery and creates national
debt of ten millions of dollars to buy off Texas
from threatened attack upon the United States
This act will stand among the legislative phenom-
ena of our day and nation conspicuous in the
darkness of its disgrace. The terms which it
proposes will of course be eagerly accepted by
Texas, and there is no remedy. The territory is
gone, and the debt is fixed.
These are the positive gains and losses thus far.
The former far exceed the latter.
g. New Mexico and Utah remain. The former
of these Territories contains, at rough estimate,
two hundred thousand square miles of land the
latter, one hundred and fifty thousand
The acts providing Governments for these Ter
ritores contain provision directly establishing
or prohibiting slavery. The only clauses which
have any bearing upon the subject, in any way,
are three: 1. That which provides that the States
to be carved out of them shall be admitted with
or without slavery, as the Constitution of the
new States may decide ?. That which provides
that no citizen shall be deprived of liie liberty
or property, except by the judgment of his peers,
or the law of the land. 3. That which provides
for appeals to the Supreme Court of the United
States in cases where personal liberty or title to
slaves may be in question.
Ii will be observed that the first Of these clau-
ses admits construction which will allow the in
PRODUCTION of slaves into the Territories for why
provide for the erection Of slave States, in any
contingency, out of Territory where there can
be no slaves
The second of these clauses was intended,
doubtless, to countenance the Southern claim to
hold slaves in the Territories. But it will hardly
avail, inasmuch rs the Constitution is above the
law, and provides that no person shall be deprived
Of liberty without due process of law.
The third clause has been thought to admit
similar construction; but it is obvious that ques-
tons of title to slaves may arise where the law
allows no slavery The case of Somerset is
an instance. Every case of claim to an alleged
fugitive slave in free State is an instance. The
clause was inserted on a motion Of MIR. Hale,
with no intention to admit the existence Of sla-
very in the Territories; but especially to allow
full condensation of the claim to hold slaves, when
ever made.
But the fact that clauses like the frat and Sec
Ond of these have been permitted to find place in
these bills, while all language aifording any I'M
plcation however slight, az linst slavery, has been
carefully excluded, is sufficient to arouse the
jealous attention Of every friend of freedom
The tameness with which Northern men con-
scented to these clauses showed how little most Of
them understand or care to understand the sub
tetes of the Slave Power and how cold are their
hearts towards liberty
Let judges of Southern views be appointed,
and they will find in these clauses implications
in favor of slavery sufficient TO establish it, even
il they should not he quite ready to adjudicate
the fayorite doctrine of the shareholders, that
slavery exists in the Territories by force Of the
Constitution itself Congress has provided no
guard against Territorial slavery. They have
rather minated n consent TO its introduction
But the whole real responsibility is now cast
upon Mr. Fillmore's Administration. The FIX
ecutive can Introduce or exclude slavery at pleas
ure. What its action will be, remains to be
seen.
Meanwhile these facts indicate clearly the duty
Of the Free Democracy The great question Of
Freedom or Slavery for the Territories, yet re-
mains entirely open and unsettled. IL must not
be left to the doubtful action Of any Admins
tration. The Jeifersonian Democrats in Congress
should at once introduce bills for the prohibit
ton Of slavery in the United States, and thus
appeal to the people The Free Democracy, ev-
erywhere throughout the country, should reor-
ganize itself IL has just fought one noble battle
in Vermont, and another iu Maine Whigism
has indeed triumphed in the former State; but
il was obliged to select its candidate for Gov
ernor from the ranks Of the old Liberty me