The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-06


lis political antscedents But suppose did NOT
possess the power. and that Guerrero is 70 be regard
I'd Is = pure ssurpeE What follows theni That the
g s lie q S
all The acts OF ruler q jaeo. or OF government ds
faefo, are binding on the successor though they
were the acts S q ruler Of Dc G nns
everywhere In England and IN France this doctrine has
always been recognised and both coantnes furnish
many instances y winch has oeea aced upon on Es
OF York and Lancaster this doctrine was constantly acted
upon Notwithstanding the lawlessness Of the times and
Tie q as S s " %
restoration oil the Stuas the doctrine again exem
pfed Not only the monarchy, but likewise It's cons!l-
luton. naa been oysr'nsowa y yet s'ss dSs
csons Of his Judges continue to be quoted IN the courts
~ authority 70 The present day contrary doctrine
would upturn and destroy civil society.
But the decree OF Guerrero needs no authority drawn
from other sources 10 sustain it, II is recognised, affirm
ed and III effect continued by an act OF the Mexican Com
s ss 81 sss & @ ss gas s
tOhoe republic " and then provides that the OF
slaves uanumed BY the decree Of the 18Th Of Sep,em
for their value This settles the question and indeed the
eloquent senator from Louisiana MIR. SoULEl admitted,
10 his very able speech that slavery was abolished and
however. BY the honorable senator. rs well as Others
that notwithstanding this slavery exists legally in the
Territories coded BY Mexco now that they have become
ueeItnce
them, think the whole question was yielded when il
was admitted that slavery had been abolished in Mexico
previously 70 the peace BY which the Territories were az
Qulred. Ii such admission be not surrender OF the
whole question, then two propositions must be establish
ed FIRST that slavery in the United States not merely
civil relation tolerated n certain localities, but the law
Of the constitutions fundamental actlve essential prn
cple OF III and. second that the laws Of State, munic
pal as well az POLITICAL are Proprio vgore-by their own
forcecarred into and made e prevail in i!s territorial
acquisitions deny both OF these propositions totally
The first will hardly find an advocate here anywhere
No will contend. presume, that it was any part OF
the design OF the constitution 10 establish slavery any
where. II only tolerated it local relation or nstu
ton existing in Of the States, and such gave il
protection There Is not word or syllable in the con.
stuton which would the basis Of an argument
protected enforced, propagated The second PROPOSE
ton s plausible than the first but not less unsound
shall examine il briefly.
BY another, or becomes incorporated with IT, the laws OF
the former are 60 stdni suppanted by the laws OF the
latter and cease to exist Il s not denied MIR Presidents
that the political laws OF territory conquered other
wise acquired BY another State or nation, Sease TO exist
from the moment the acquisition s complete, whenever
they are in conflict with, or in their scope and spirit re-
pngnant to. the laws OF the latter But this is not the
case with the civil municipal laws II is admitted BY
all the authorities that these remain in force until express
abroga.ed BY the power q the cooquering
or acquiring nation. This was admitted by the honorable
senator from Georgia, Mr. BERRIEN IN The ingenious
and learned argument which he addressed TO the Senate
some three or four months since This being admitted
the only question which remains to be decided is, wheth
er slavery is TO be cassed amongst the public and po
cal laws which constitute the form Of government and d.
rect Inc manner in which The public authority Is 10 ns ex
regulate the rights and conduct OF individuals amongst
themselves
vattsl declares that s.the laws made directly with
view to the public welfare political laws and in this
class those that the body itself and being Of
ciety-the form oil government, the manner in which the
together form the constitution OF the State are the funda
mental laws" "The civil laws" he continues .are
those which regulate the rights and conduct OF individuals
amongst themselves" Thus appears that the political
laws Of State those which form the body and being
Of society, the system Of government and the in
which the public authority is exered In other words.
the laws which form the constitution are political laws
nave already attempted to show that slavery, although
recognised by the constitution was dot established by IL,
and does not exist BY virtue of that tits no fundamen
tai essential part or principle OF Il, which II Is necessary
10 maintain in order to its existence efficacy. Blot
slavery from the system If you please, and YET the
sttuon will be unmpaired, and all ITS efficacy will re-
main. You have, By doing Withdrawn, II 10 true, an
object from its projections bat you have done nothing
more. Slavery, instead Of being essential or prin
cpe OF the constitution, which is necessary to maintain
IN order to preserve its integrity and efficacy is On the
contrary, condition, local condition, Tepdnant
to lis general design oil establishing justice and securing
the blessings OF liberty, which i oleraes. but does not
enoin This being does 1t fall lar short OF involving
absurdiiy TO assert that the constitution, which estab
lshed slavery nowhere, and which only toefates il
where is, should nevertheless carry slavery with II
an inseparable companion wherever II goesl The con,
stiiuon does not eIoin slavery anywhere. The States
in which exists may abolish IL TO- morrow, and tue con.
stituon suffer no violation or detriment bererom But
though does not enjoIn slavery though slavery may be
abolished without violating in every State n the Union
yet by some nconceivabIe process, is regarded by
as an instrument for the propagation and extension OF
slavery But, cir il never be true that the conslu
on by its own force, devoies to slavery every foot OF
soil 10 which Il is extended.
think, Alr Presidept is clear, from the definition
OF what constitutes political laws OF State and The
light drawn from be Constitution itself thai slavery does
not ernst ny force Of them but b. force OF local NUM-
cpa laws II is by the latter class OF laws that the re-
aton OF master and servant tbe relation most nearly
approaching that OF slavery exists and regulated
England and In the various States OF thus Union And
IT lie BY the municipal laws OF the States thai slavery
exists and IL regulated wherever Il is found in the United
States But we have that the civil and municipal
laws OF State not abrogaed abolished BY passing
under the dominica OF another Stale Let now see
what our own courts say the subject. The Supreme
Court Of the United States has frequently recognised the
doctrine have asserted, namely that Is only the polt
zeal laws OF country which abrogaied annuled
when II passes under The sovereignty OF another. either
laws, those which relate to properly and regulate The
conduct Of individuals amongst themselves, remain 10
force until repealed supplied BY positive enactment
luis doctrine was asserted by the Supreme Coun OF the
United States, in case IN Pelerss Reports page 5a2,
and BY the same tribunal in the OF the United States
courts, both North and South, have decided that sa-
very exists BY force OF the municipal laws Of the
States, and by force OF the municipal laws alone
This decided in the district court OF the United
States for the district Of Ohio in the case Of Jones
VS. Vansant, McLeans Reports. D. 500 and Illinois.
in the case Of Jsrrot Jarrot, GIman's Reports,
page s. In both these cases there an elaborate
examination OF the question, and the opinions oil the
court are well sustained BY the authorities which they
were founded The same question was decided in Mis-.