The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-11-04
RELATIONS OF SLAVERY TO THE UNION AND
THE STATES

To the Editor Of the National Era.
win the Era be so kind as to tell its read
ers--
-. Whether Slayeryis constitutional in those
States admitted into the Union since the or
ganization of the Federal Government
y If Slavery is to be protected under the
plea of State Rights, what is the difference be-
tween State Rights and State Wrongsi
3 How old is the cry of No more Slave
Terrltory!' 1t seems to have been agitated
as early a. 1887.
If the Era has published something specific
on these questions already, please forward at
my expense Respectfully, &c
The Federal Government il deriyatiye, not
orignal--isa Government Of grdHtS-ol grants
Of power made by the States Powers not
granted by the States are reserved to them or
to the People thereof lin the language Of the
Constitutlon,) and would be reserved to them,
were there no constitutional declaration of the
kind
Under the Constitution, the States, new and
old hold the same relations to the Federal
Government. It has no more power over one
class than over the other
The power to lcgislate for the creation, sup.
port, or abolition of Slavery in the States is
not among the delegated powers Of the Fede-
raj Government. The attempt by this Gov
eminent at such legislation in any State,
would be a usurpation.
Much depends upon Il careful definition Of
words Is Slavery constitutional in those
States admitted into the Union since the form
alton of the Federal Governmcnt!2 What is
meant by constitutional" II by it our cor
respondent mean, IN ririue Of by the force Of
uiM the tormai sanction If the Constitution,
we answer that in such SENSE Slavery il not
constitutional either in the old or new States
because the Constitution has not created, sus-
tanned or formally sanctioned it in any OF
them
But, if by constitutional, he mean, pithout
prohiL,t,oIl Ly he Constitution, We answer, Sla-
very then is constitutional in both old and new
States But we submit that this last definition
is liable to great misconception and abuse.
Slavery il II State institution not Federal
one it is sectional, not HationGi--it exists alone
by virtue of State authority; it cannot exist or
be maintained by United States authority. In
other words, it is not constitutional in any OF
the States, in the sense of being created sup
ported, or Formally sanctioned by the Federal
Constitution
The second question of our correspondent
seems to imply discomfort with the distribu.
ton Of powers between the States and the
Federal Government, because State Rights are
used to protect Slavery. Do we find fault with
our treaties Of commerce and amity with Eng
land and Spain. because they do not make pro
vision for the abolition of Cuban Slavery and
British Aristocracy These treaties respect
National Rights; but are National Rights Ma
tional Wrongs, because they exclude US from
interference with the local concerns of Eng
land and Spain, and these nations from inter
ference with our local concerns
" How old is the cry Of No more Slave Ter
ritory ~ As old as the Congress OF the Con
federation, when it was the policy of all the
States except South Carolina and Georgia, tC
make all territory belonging to the Coniedera
ton. free, and when public sentiment regarded
Slavery ~ temporary.