Weekly national intelligencer., 1850-02-23

Aaoeas corpus trial by jury &C. says he inbsbtapts
'aid snah ahDays be entitled tho bene6ts Of
them SO Of the nayigabIe waters leading ;.,o 49,,
and ST. Lawrence, il says they shall be freysy fre -
"common highways. So in regard to the preservation ~
rights ana property It declares that law ought per 10 M
made to interfere with them. And indeed Of an those i'm
Poriant privileges of the citizen which are GUARANTEED d
our form Of Government But the only language 10 relation
to slavery is that which have already quoted that he
shall be neither slavery involuntary servitude in said q
intending that the provision should com
inue only so long as the "temporary Government" should
exist Congress- however, forming the States Of the North
west required hem before they should into the Unon
to make perpetual They agreed to it but in doing So
only consented suspend the exercise Of part Of their
sovereign power What prevent them from asserting
TINS power and exercising j. whenever they 6t Suppose
'ney should do Tomorrow and slavery within their
limits and Congress should resist -wha is the remedy
Certainly there is none furnished by the constitution Con-
gess could make no question with the Satcs tried by
the Judiciary. and would have power to enforce the ud
ment Of the Judiciary if should be decided against the States
and they should persist The citizens Of the States could
raise question with the sovereign power the States but
would 70 all nens and purposes be bound by the constu-
tons of the States and the laws passed under them ha. were
not in violation Of the constitution of the United States It
seems my mind perfectly clear them Congress has no
power to prohibit State from introducing slaves as properly
any other species Of property within its ms and have
every confidence that this will be the settled udg
ment OF the North, as it is now Of the South
But the other question: the power Of Congress pro-
hibt slavery in the Territories Of the United States diff
ferent and much difficult We derive no aid in
the settlement Of il from the ordinance Of 1897 as il was
passed before the date of the constitution other than
acquesed in after the date Of the constitution il NAV be re-
gaded precedent The territory covered by this ord
nance cas once saue territory II ceded by the Crown
(s-ont ..t~..~9s CT
sessed by that State subject occupancy by the owners
Of slaves os her citizens have always BEEN She afterwards
gave her the ordinance Of 1857 and to that ex
tent admitted the power Of the Congress Of the Confederation
to deprive her citizens Of the right which, before her deed
cesson in 1884, they had Of carrying their slaves into the
Northwest And this power she thus admitted although the
articles OF Confederation entirely silent upon the subject
see nohng however, in this admission that binds Virginia
or other State a0, the doctrine that this power may
be exercised by Congress under the constitution. Congress
has never exercised it under such circumstances would
constitute binding peceden in the estimation Of tho
srcest common-law lawyer. She refused suspend the
ordinance Of 1857 in Indiana, allow the introduction
Of slaves but the peopeof Territory readily acquesced
there was no controversy about the question Of power. So
also was there general popular acquesence in those acts Of
Congress requiring that the States formed out of the North
western Territory should be forever free The question: in
deed has never arisen in such shape require nyesga
on until the present controversy. The restrictions which
were sought to be imposed upon Missouri had reference
her existence State and the question of the power
Of the General Government 10 cuo her sovereignty that ag
ated the whole country at that time The settlement of il,
by recognising the parallel Of $50 30 the dividing line be-
tween slave and free territory to it's western terminus,
also acquiesced in as peace This line after
wards extended to embrace portion Of Texas II
to me- therefore, but just and right the South that she shalt
be held bound her express implied to any of
this legislation, but that she has the right consider this
and open question: be decided for the first te
under the constitution.
When the question Of imposing restrictions upon Missouri
was pending Congress- Mr. MosRoE engaged very anxiousy
in the investigation, that he might be prepared for il when
hafOr Inn, He Io0o h;s
papers, at the time of his deah the rough draft Of
sage rejecting the bill In this he says That the pro-
posed restriction to Territories which be admitted into
the Union, not IN direct riaion of the constitution,
repugnan to its principles since intended to produce
effect the future policy Of the States, operating
unequaly in regard TO the original States" SC.
From this language it is evident that Mr. MoNRoE doubt
ed about the constitutional question. In letter Judge
Of Virginia, dated February 6 1920 he expressed
this doubt 10 plain terms He = have not made up
my mind" &c. Considering the grant to Congress- to
n needu rules and regulations respecting the terri
tory other property belonging to the United States.
conerrng full power prescribe forms Of government for
the Territories, he gave his opinion that the people who
into Territory under any ordinance Of Congress
have rights in such Territory except such they may
acquire under the ordinance &C. He far say,
" if there any restraint, then, the power Of Congress-
must be found in other parts Of the Constitution Slavery
recognised by it five to thee but is not the right thusrs
cegnised, that only Of The States in ,ehich the saues are,
The measure RUE Of representation IN The House Of Rep
resentaires, and for direct nres II is right to The
slaves themselves nor presume, their owners of
the States in ,chch they reside. By another clause it
provided that if slaves away they be pursued de-
manded and brought back the State from which they fed
This right the slarehodng States, andof the
iriag them. Should the n0,,-siarehoM-
ing State, he couidnot araii himself Of there. As slavery
recognised by the Consuton it very unjust restrain
the from carrying his slave Territory, and
tanning his right TO him there's but whether the power 10 do
this has Tot been granted is the point ch hare doubts,
and on whchI shall be glad to receive your opinion We
Of knowing what the opinions Of Judge
RoAsE, but the probability is that they did not remove the
doubts soSRoE mind from the rough draught Of
his Message it evident that he intended to place his ro,
regarded the restriction in the Territories upon the
ground the injustice and not the tconstiton0ty of
IT, There is still another ground upon which he would have
placed it. and that is that Congress had constitutional
right restrict &ate-which the real question in the
Judge RoAsE and also declared that he should pursue the
in reference Arkansas, ii similar restriction
attempted, when she applied for admission into the
Union.
We have, then, the authority of Mr.. MosRoE for saying
that the power conferred by the Constitution upon Congress
to make all neefu rules and regulations respecting the
territory and other property belonging TO the United States
warrants Congress III prescribing forms Of government for
Territories, and that the power unlimited far the
question of property in slaves concerned We have also
bis authority for saying that the recognition Of slaves by the
Constitution is only for representation and oxaon, and that
the right Of their does exist tout The Siaes
Whch they reside except in the Of fugitive slaves who
pursued by their is therefore, fair TO conclude
that he did intend to deny the constitutional power Of
Congress prohibit slavery the Territories, although he
did emphaiicay deny its power TO continue The prohibition
after they became States.
sI~