The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-09


ut II could not 20 there unless introduced BY the
reo, lie. So nuoh for this TRADE upon my union
with sbotionism.
But made smother remark at the last session,
hch win here introduce, because 1t foreshsdow-
ed such extravseane es as we find in ths Richmond
ENQUIRER
And another and yet greater error connected with this
whole beet consists in the demands altogether too
exaetng, made upon the public of the slave.
holding States many OF which have seen and some Of
euires but little exer,on 10 swim with the current
while he who opposes il must put forth all his strength
and even then may become IFS victim. Popular feeling
is power hard 10 resist, and the reproaeh Of being
tougface belongs to him WHO panders to it, and not to
him who strives 10 maintain INC constitutional rights of
all, even in opposition to his own community, which
holds in It's hands his political life and death. This is
precisely the condition which Southern man has
had to encounter in connection with this grave
and Is precisely the condition which he cannot com
prehend will not do justice TO when the Of
Northern man is in question 1t Is not enough with too
many Of the Southern politicians that public men from
the free States maintain firmly and unfinchingy the
rights of the slaveholdng portion Of the Union, and
stand ready to meet the consequences, however disas
trous TO themselves rather than participate in their vo-
lation-this, say, is not enough Sometimes, indeei
IL Is nothing unless every opinion of the South upon the
general question is adopted and unreserved allegiance
prossed TO the declaration that slavery is the best
dition of human society. Now, sir, believe such
doctrine and not believing it, will not profess TO be-
lieve IT. from whatever high quarter announced
In his act Of accusation against me, the Richmond
prosecutor, not satisfied with decuciDg my HOSTILE
ty to the South, from my views Of slavery, and
their promulgstion, goes yet further and makes my
opinions on some Of the questions which have re.
this general subject, vehicle for hard words and
hsrd tn lights. On all esequestions have taken
my share In the discussions in the Senate Of the
United States, and do not propose to renew them
here, either for the purpose of defending my own
pt stoD, Of laying en- the errors in the position
OF others. There is however, such an air Of self
satisfaction in these decamstory accusations, that
I am tempted. by briefly touching some Of the
nty, IN All 1nuv 70 tho inn fho
&C mplsceDcY of TIE wliter
And first 4 will refer to that kind OF motive pc yer
by viii it is claimed that Immediately on the ac-
QUESTION BY the United States Of any terrific
ry slavery extends it, by the operation of the
Constitute n, b. viewer It may be excluded by the
local law by wbi H. for instance, IL Car ada were
anrs xed to the Union tomorrow. every slave hold
CT could take bis slaves there ana hole them till
prevented by an sct Of TIE people emb 3died In
State constitution. This very position heard
maintained with relation to Cspal bv Q Southern
Sen ator-I think by Mr.. Yulee-in answer to an In.
1er oes the 20
an article in the Cass creed. This is too high an
honor, and one TO which have no claim.
/ tell him it Is an article in the constitutional
creed, firmly maintained, as believe by every man
in the ncn.slave holding tates, and as know by
many an able and patriotic statesman in the South.
Il was beid by Mr.. Clay and Mr.. Webster; and can
also tell him he is behind the age This pretension
originated, know not when or where. but certain
" very recently. 1t sprang up in night, and it
persisted in q day. Although it was probed to
the bottom by its opponents at the last session
OF the Sepate, ! do not recollect single
member who entered upon its defence, and
one very able Southern man, ct least, Mr.. Harris,
Of Mississippi ditavowed #, and thought, In rather
contt mp tuous terms. Between you and me, Mr.
Chairman" said that gentleman, the constitution
does not carry slave anywhere, except 1t be run
his master in q slave State" Another member
from saveboldiDg State, Mr. Frank in, Of Mary
land, expressed similr views.
The doctrine never had any real foundation either
in the constitution or in the nature OF the coufedera
ton. 1t rested on the assumption that tho public
domain being acquired by the whole Union, the
whole Union had equal rights in its enjoyment.
This p0stulate is undeniable. But what then? 1t
was fun Their commended that the South could not
JOY their equal right OF settlement upon the public
lands un,ess o comparatively small portion OF It's
population-say $50 900 out OF more than 5000 900
OF white persone-coud take their slaves with
them or, in other words, that every man, from
every State of the Union, had right 20 take all his
property to the public domain, aud there hold it.
wbiskey. banks, or ything else-sltbough pro
hibited by the local law. true answer to this
property not recogcized as such, or prohibited by
the local law, his remedy IL to be found not IN the
violation # it, but in the conversion Of such
property into money the univer SOL representative
the lie commence his work of enterprise in young
ard growing Community.
csono s;s esa at the hume con-
nsbie Ills position. i shall content myself
" tbs adding ttat the maintenance of such q doc
n be leads inevitably 10 consequences which sti Ike
~ u at great element OF our institutionhe rights
Of the State. The assumption which Ihave referred
to is ttat slavery is esseptia, to the equal enjoy
m. 1t Of ths pubic domain. Now, the pubic do
main exists as Vel in tire States as in the Terri
tories, an every act of Congress in res.on to is
sale sDd settle ment is equally in force wherever an
Of tie public land Is to be found. There is not
one statute upon this subject which does not ope-
rate az fully in Ohio az in Oregon. II, therefore, the
constitution OF the United States gives to the slave
public Dc main, how happens it that the public do
main is closed to him the moment State consttu-
ton is formed, and slavery excluded by it2 Does
the corstitutto IN of State override and override
that Of the United States? Such is not the read
ing of the gen era constitution, which declares it's
own supreme upon all matters committed to il
over the constitutions of the States Either, there
fore, this clam Of the expansive power Of slavery
ever the public CONAN is unfounded or slaves may
be taken to Ohio, and to any other Of the new
States where airy portion of the public lands Is yet
unsold. lave the choice of this dilemma to the
constitutional commentator of the Enquirer.
But, quitting ttese views, and comisg to the
practical cogni.ion Of the tue constitution al doc
thine OF non intervention, repeat what said in the
Senate-that the doctriLe Of the voluntary motive
power Of slavery has been practically abandoned by
the passage OF those bills. Every man, and the
man who vo.so to give to those Territories the power
to eeisate the subject of slave INTRODUCES Or
to excluoe il st pleasure knew full ven that ne WAS
giving the Lefislatures of these Territories, who
would not consider themselves prohibited by the
constitution, an authority which would be exercised
to the letter that the fate of slavery, as an in
st,ution in the count y. would depend on their &C
ton, RATHER would depend tie introduction by
them, as without su h Introduction it was excluded
by the absence Of any local law maintaining it,
And squster eighty ia again arrsigned by toe
Enquirer. WITH as much invectlve as though the
term END the claim originated with me. che nams
(nickrame indeed) owes its paternity to Mr.. Cal
hour; but the doctrre, tie right Of MAJ to govern
bimself, has been heard of in the world foe me
time, too seldom 5eed practically ackno1 lodged
AID has made i.s home upon this continent br ughs
here rnoIe than 20 centuries ago by toe Pilgrims
who fist "squatted Down upon the rock Of Ply
mouth having, the day before they debarked from
t. c MaynoSer, F." combined themselves together in
. ivIl body polite" / never was more foscibly
struck by the sagacity Of a remark THAI / have
been DUNG the prog Of this controversy BY the
i,ne,k Of MiabesU-tbat I" Eames are ssingsn
What IL this doctrine commended for by its fgienls