Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1854-09-13
SLAVERY A CREATURE OF MUNIC-
IpAL LAW

IPAL LAW.
II is we'll known, says the Kalamazoo Ga
Setie, that Gen. Cass, in his elaborate speech
on the Nebraska Bill, demonstrated the utter
absurdity of the claim that Slavery could be
carried into the Territories by any power con-
ferred by the constitution. He showed, conclu-
sively. that Slavery could only exist by positive
enactment. And, he says that the same position
was held, to his knowledge, by both Clay and
Webster"
The relation of O,oner and Stare is, in the
States of the Union in which it has legal exist
ance creature of municipal Law."
MARTINS Louisiana Reports, page 4O2
"The right of the master exists, not by force
of the law of nature or nations, but by virtue
only of the positive Law. And again, in the
same State, slavery is condemned by reason
and the laws Of nature 1t exists, and can only
eriSi, thro' municipal regulations"
Walkers Mississippi Rep, page &C.
"Savery exists only by Positive Law of a
municipal character, without foundation in the
law Of nature, or the unwritten and common
law"
I'd Marshalrs Kentucky Reports page 47O
"The state of slavery is deemed to be mere
municipal regulation, founded upon and limited
to the range of the Territorial law
Peters PENN Digest, vol. 2, page 6lO.
at has been held by the circuit court of the
s., (seventh circuiD that where Slavery is
not expressly established by law, every person,
without distinction of color, is presumed to be"
free" I'd McLeans Rep. page GOT.
"Between you and me, Mr. Chairman, the
Constitution don't carry slave anywhere, ex.
cept it be runaway, and it does take him back
from free State to his master in slave State.
There is law for that But, sir, in Territory
from the face of which all law has been swept,
in what way does the Constitution protect
Slavery! There must be local regulation to
enable you to invoke the Constitution. Is the
Constitution to keep marshal there, to prevent
the slave who may be carried there from setting
up for himself? If Nebraska is to remain free
of local law relative to slavery, like an island
fresh risen from the sea, and two men-a black
man and white man-fnd themselves there,
will the Constitution decide which is the mas
ter and which is the slave? confess | should
feel that there would be some ground to ap-
prehend that the black man might turn the ia
bles on me-"
[Speech of Mr.. Harris of Mississippi.
"There can be no slavery in this Territory
either by natural law, or by the Constitution of
the United States, until the Legislature of that
Territory by law admits it."
[Speech of Mr.. Franklin, of Maryland
"Without the sanction of Law, slavery can
no more exist in a Territory, than man can
breathe without air. Slaves are not property
where they are not made so by municipal law"
Judge McLean's letter to the Buff Conn.
Believing in what have said from the be-
ginning, that slavery is extinct in New Mexico,
and in all California, and cannot be revived in
either or in any part Of either, without positive
enactment. am ready to vote them govern
ments, without any provision on the subject of
slavery Hon. Il. II. Benton.
"My rules of interpreting the Constitution
of the United States are the good old rules of
'98 and '99. have never in my life deviated
from these rules. And what are they! The
Constitution is an aggregate of coded powers.
No power is granted except when it is express
ly delegated, or when it is necessary and proper |
to carry into effect a delegated power. And if
in any instance the power to carry slaves into
the Territories is guaranteed to you by the Con-
stitution, or in nm incident necessary to the car
lying out of any other power that is delegated
in the Constitution, have been unable to per-
ceve it. It is nowhere to be found. You must
resort to some such general principles as the
Federalists did in the early history of the coun-
try, when they contended for the doctrine of
the "general welfare" But you cannot put
your finger on the part of the Constitution
which conveys the right or the power to carry
slaves from one of the States of the Union to
any Territory of the United States"
Speech of Henry Clay.