The primitive Republican. (Columbus, Miss.) 18??-1852, 1851-06-26

j Would nov respectfully ass tAAs Eauuld Aoer
der, wherein has the clause above quoted, OF
lany other clause Of the Constitution, been
violated. AS We have before stated we are
only writing for the honest enquirer after
truth, and we again ask him, . place his
Eouu construction upon the power Of Con:
gress under the foregoing clause Of the Con,
stitution, If our construction Is wrong, and
answer to himself the question, wherein has
the Congress Of the United States ylolated
1.-THE Constitution in the passage Of the Utan
and New Mexico territorial billsY We
doubt whether the most astute and technical
LAWYER with all his ingenuity can show with
any plausibility violation of the Constitu-
ton, but in opposing the bills, would be driv-
en- into the slang of the day, of talking a
bout the "spirit oftte constitution" and the
"piolqtion Of The rights Of tie south" &c &c.
all designed more for the heart than the head,
and intended to excite prejudice rather than
convince the Judgment, for politicians have
lone since seemed satisfied that mankind are
controlled more through passion than reason.
Itmay however be said that slavery had
been abolished in those territories by the
Mexican laws prior to the acquisition of that
territory by the United States and Congress
having failed to repeal those laws they still
exist and slaves if carried there would be free
under the operations of those laws. To
this objection we attach very little import
ance as we think it has been successfully re-
futed But the admission of it, would place
the south in this disastrous position, if slave
ry has been abolished by operation of law,
how is it ever to be carried into the terrific
ries? All men of all parties south admit
that Congress has no power either to estab-
fish or abolish slavery by operation of law,
and if tits already abolished it surely will
require the passage of law to permit its ex-
istence 1t then follows conclusiyely that if
slavery cannot go there without repeal of
the Mexican laws and as repeal of those laws
will afford the right to the slave holder to
take his slaves there, which he could not have
done otherwise, then he has derived his right
by operation of the law and not under the
Constitution, and consequently slavery inShe
territories viii have been established by al
law of Congress and would no doubt be so de-
clared, by the Supreme Court of the United
States, which would be unconstitutional
There certainly can be no position clearer,
than that where an individual derives right
which he did not possess, by a repeal of a
law, that right has been established in him
by operation of law as perfectly as by positive
enactment.
We think much the safest position for the
south is the principle contended for by Mr.
Calhoun, Judge Berrien, and other distin-
guished southern jurists, that the Mexican
laws, were abrogated by the transfer of that
territory to the United States, and the ope-
ration of the Constitution over it, which re-
cognizes property in slaves, and places the
citizens of all the states with their property
upon an equality in the territories We CON
ceive it unnecessary to say much on the sec
ond branch of our proposition to wit, has
the principle contended for, by the south
been violated by the passage of the territori-
al bills? We have in great degree antic-
ipated this question in our former numbers,
by showing that the question of the passage
of the 'fWilmot proviso" was the question
upon which parties divided, and that odious
provision having failed in the passage ofthese
bills, the south has triumphed so far as that
question is concerned In fact we have been
in great degree relieved from the necessity
Of saying any thing farther, in relation to
the territorial bills by having placed in our
hands since the above was written, the glat-
form recently established by the resistance
party, at their convention in jackson. In
that platform not the first objection is. raised
to the Utah and New Mexico territorial bills;
objections are made to other measures en-
braced in the plan of adjustment, but not
one word breathed in opposition to these
measures. This silence arose from the fact
no doubt that some of their own representa-
tiyes sanctioned by their vote the Utah bill;
and the bills are precisely similar, with the
exception before mentioned.
The resistance party of the State, in the
formation of their platform have treated with
utter silence the doctrine of 'eprotection in
the territories advocated by some gentlemen
lof this county, in whose Intelligence and an
tegrity We have the fullest confidence
In their 18th resolution they declare
'sThat this Convention disapproYe Of the
late Congressional Legislation, BY some called
the compromise, and declare. their strong and
IunequiYoeal condemnation Of the three fol-
flowing acts, viz TIC admission Of Calitor-
mia as q State; The diasionof Tie State of
Texas; and tie lac us4rpiag to Congress the
lpouer to abolish Slavery IN tie District OF
Colunsbia, under the fraudulent pretence Of
Regulating the slave trade therein. These
ARE regarded by US as an evidence Of the de-
termination of the North to trample upon
the political rights Of The Southern States, to
4,e4ro1, IN ltvv =, A., TT,s,, -. q