Weekly national intelligencer., 1850-10-19

the former II is enacted tnat-- s5Na M
Wr oferror snd appeals from the 6nal decl&cns OF ri
preme Cosrt of the United States in the came manner an
under the regulations from the circuit courts Of II
United States where the value Of the property the aoor
ia conlrover be assertaned by the oath affirmation
either party other competent Witness shall exceed on
thousand dollars erce only that IN all iruosng ne
syes the s0d SsSts of error appeal shall be 0ozued
decided 6 e said Supreme Court pdhsla regard to the v0.
Of the matter, PROPERTY, or tile in corouersy; and except
sO that writ Of error Or aPgs. .a. so es allowed e n
said Supreme Court created by ihs of judge there
Of upon writ Of habeas eorpas involving the question
personal freedom
will be perceived THAI there are two casses Of cases herr
provided for The last between he negro and his master
involving the question Of his personal freedom The first
between other parties, involving title TO slaves This las
clearly contempaes the existence Of slavery in the Territories
Beside this the act providing for the recapxe Of fugitive
slaves throughout contempaes the escape Of slaves from
Territories II exacts Thas when any person held to
vice or labor in any State Territory or in the District
Of Columbia shall escape" &s Slavery is prohibited in
Minnesota and Oregon and if it also prohibited in Utah
and New Mexico, only other Territories then there
subect to which part Of that law refer.
But this is not all The New Mexican bill not only recog
misses the legality Of slavery within the Territory, but it con-
tains clauses which will restrain the Terrcsal Legislature
from abolshng it, They are in the one declaring that the
question 10 to be decided by the people when they form State
conatuon and Of course not before and in the other in
these words No citizen Of the United Sates shall be de-
Prised Of his LIE, liberty or property IN said Terrtoy eT-
cept by the judgment of his and the laws Of the land
The person and the laws referred of course
lave. These words taken from he great charters,
and they have sscertaned and fixed meaning protects
inviosby vested rights; and it has ways been held in
England.
But this clause was unnecessary for the Territorial Le
gsatues, in the absence Of it. could have abolished sa
very This established, think, fully in speech made
on this subject The ID Of August, lS40s But will
reFeat what then said They would be restrained by the
provision Of the constitution which declares that private pro-
MT he.t thka puh1r
pensation. Except for public use it cannot be invaded
at all, either with or without compensation.
thus appears that Texas has not been bbed to surrender
slave territory to ffeeas0lism
The two territorial bills framed precisely after the
model which the South itself has furnished Her doc
rDe of doctrine which leaves to the
people to be affected by them the right frame the nsu
lions under which they to live the doctrine that lies at
the foundation Of system Of government and vndcae
which our Revolution waged that doctrine is triumphant,
as far IS these two Territoriesare concerned.
have said that the doctrine of n0n-inervenon the
Souths doctrine. is the doctrine deliberately recog
nised the true doctrine during Mr. Jessons admistra
on referred in detail t. the imposing circumstances
Ter which was done in the speech made in the House Of
Representatives the 18th Of May iS4S. 1t is the doc
ne always maintained by Mr. Calhoun and which adj
vocated in the address Of the Southern Members Of Congress-
His celebrated resolution of l8f7 declares:
"That itsa Fundamental principle in our poca, creed
hat people, in forming constitution have the unconditon
right to form and adopt the government which they may
,appness and that in conformity thereto other condition
imposed by the Federal Constitution State, order to
admitted into this Union. except that its constitution shall
republican land that the imposition of any other by Con-
would only be in violation Of the constitution but in
rec conflict with the principle which political system
ests."
In his speech supporting this resolution Mr. Calhoun said
"Sir, hold it be fundamental principle Of po
cal system that the people have right to establish what
they think proper tor themselves that every
state about to become member of this Union has right to
and Tn
admitted therei but qualification, and that is that the
government shall be republican. -
will be recoected that prior the meeting of the South
members Of Congress in IS40 requested to draugh
md present the resolutions which the basis of its action
upon the committee of thirteen which reported the adj
ress and also upon the subcommittee of FIVE which framed
t, and know personally that provision Of that address
vas more deliberately considered than the following
What propose in this connexion is to make few
emarks on what the North alleges erroneousy to be the
ssue between and them.
lies, hold that the Federal Government has right
xtend restrict slavery than to establish abo
sh it has any right whatever to distinguish between
he domestic institutions State section and another
order to favor the and discourage the other As the
eder representative ofeach and all the States is bound
eal out within the sphere Of its equal and
ice aud favor ALL To otherwise to undertake to dis
rmnate between the domestic institutions of one and
her. would be to in total subveron Of the end for which
ALL Entertaining these opinions ask not the North
eges%e do for the extension of slavery That would make
discrimination in favor unjust and unconstitutional
he discrimination they ASK against us in their favor
them for the Federal Government determine whe
her domestic institution is good bad, whether
hsuld be repressed preserved 1t belongs and
n to decide such questions What them we do insist on
not to extend slavery, but that shall not be prohibited
emgrang, with property into the Territories OF
he United States because shareholders in other
Eord that shall that account be dsanchsed Of
privilege possessed by all Others citizens and Foreigners
Without discrimination character profession color
whether savage, barbarian, civilized, may freely enter
md remain we only being excluded"
The paragraph inserted in the address at my sugges
ion. said Mr.. Calhoun that nothing weakening
much the North the constant assertion, which
believed by many that invoked the power of this Govern
nent to- extend slavery and that we ought to dsavow
in the most emphatic He entirely agreed with
and be drew the paragraph just quoted When we
ported Address to the Southern MEMBERS that portion
assaled, they will recolleo and defended for the
bad suggested in favor Of its insertion. The South
nm members, BY overwhelming majority, sustained it.
The Southern Address extensively circulated in my dis
rc and warmly approved by vast majority of you. The
ertora bills in accordance with the principles laid
lown in and it, therefore, had any doubt TO my vote
upon them, would have been dispated by what regard
rs virtual instruction from you But had no doubt Ihave
changed any Of the views which have formerly express
ID on this subject, and which you have approved.
For these Of opinion that the adoption OF the
measures under consideration right in ITSELF But lot US
look the alternatives which before was well
known to that influential party in Congress- at the
head Of whom, in the House, were Mr. VINToS and Mr.
cHRScK, Of Ohio opposed the Texan boundary bill with the
territorial government for New Mexico, such have de-
scbed with the purpose fcayng through the Texan pro-
posal separate defeating the tefrtoai
bills and bringing in New Mexico Slate. with her con-
stituon prohibiting African slavery. Their votes on ne
occasion sufficiently establish this The scheme of bringing
in New Mexico a State cherished one Oh uenera
Taylor and bis party. In speech made on the I'm OF
july COPY of which will accompany this, expressed my