New-York daily tribune., 1854-08-30
OF this measure, The Louisville Journal says:


Tbe measure was unnecessary to give strength to the
rights Of the south That to say the right of aSouh
TO migrate TO territory unorganlzed was just "a
ample before the passage of this law as il is ever
wes Tie right is founded the law Of nature modified
by tie Constitution The Constitution of the United
States recognizes Slavery and property in slaves without
such recognition would have been adopted and
could be sustained Ii also recognizes the terri
.ory helor gins the United States the prop
ery Of all the people of the States The right Of emgra
on is also recognized and provided for, but there
power given 10 Congress TO legisae in reference to the
property Of individuals this power was wsely withheld
from Congress and left with the people of the States and
Territories Congress has authority to say what prop
city moving into Territory shall shall not own
ano Gerry with him. ANY act of Congress egsating on
this subject must be unconstitutional because the Is
Lot conferred on Congress by express words neither is It
necessary TO carry into effect any power VIII ch is express
y given. Congress has no right or power to legisate
property either into out of existence and the Cons
luton having recognized slaves property Congress has
right TO egslate to restrain its though
the act be ognfed by the appellaon of compromise
We beg The Journal to consider that its assertion
that the Constitution recognizes Slavery and pro-
"perty in slaves" stands opposed TO the recorded
testimony Of JAMES MADISON; and though she edi-
tors ipse dizit might most points outweigh that
testimony, yet, considering that Mr. Madison wss
leading member Of the Convention which framed the
Constitution and took notes of all its proceedings
submit that the latter is this point EMIT ed to pre-
cedence.
The Journal is unfortunate also in flying in the face
of long series of uniform decisions by Southern
Judges that Slavery is creature Of positive Law, aud
can legally exist only where such express law has
sanctioned il. True, know that, in point Of fact
Slavery is always first established BY usurpation and
afeIwsrd sanctioned by law; but can find nothing
in the Constitution which supports tn. Journals
sumption That document declares that il was framed
in order to establish Justice and secure the bles
sings of Liberty but We find no word in it
about establishing or securing Slavery.
Congress has never attempted, you aver, to say
what property man moving into Territory shall
'or iball not own and carry with him." We desire
no legislation on that subject. We only wish laws
by Congress TO define and protect the rights of human
beings in the Territories-their inalienabe rights
to Life, Liberty and the pursuit Of Happiness"-
no matter whether their were ever stolen
not-snd, in the absence of such legislation We in
sst that the rights of every human being shall be de-
fined and protected BY the Common Law
Now the measure" of Douglas g. Co has not
planted Slavery in Kansas for it was there (n def.
snce Of law already 1t has simply abolished pro-
vision of law which rendered, SO long as it existed
the legslization of Slavery there impossible. While
the Missouri Restriction was upheld every act of
slsveholdng was prmG faois usurpation and outrage
forbidden BY the laws Of the land; now we are eft 10
infer such usurpston from the dame ntal principles
OF Liberty and Justice. Nay the naked repeal of the
Missouri Restriction raises presumption that rGa.
hst Restriction contemplated is nor abandeaei-that
Slavery is low At liberty to rush into the Territories
The repeal is what the lawyers term negative
pregnant; it is insignificant and nconsequent if
Slavery is intended TO be still excluded from Kansas
and Nebraska. We do Got admit that Slavery /. now
legal in kanssa Ary more than il was last year; but
we could only justify the repeal Aforesaid by as.um
ING that Slavery there wrongfully interdcted and
Is row rightiuly admitted
No ore can seriously doubt that one important bar
rtr against the egalzAton Of Slavery in Kansas has
teen thrown down by the repeal Of the Missouri Re-
src1ion We trust that legSli1aton vii nevertheless
he defeated; but this is BY no mean. SO sure as IL
seemed year ago and would still have been II Dane
iiss bill had been thrown over or pargcd Of the a.,
no1ious clause. In shors, We think Thomas Jeger
'op' who fret drafted proyso excluding Slavery
nom l. 5. Territories; John Randolph. who report.
ed' in accordance herewith. against the petition Of
The rulers and people of Indiana Territory to be per-
United to hold slaves therein; aud the u, s. District