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

IN euSnofity wbIch IL cannot exercise, ~ iohoWs,
canclusively. that that omnipotent body may spare
the people OF the Territories al the trouble Of Goa
stitutiop making BY dong that work for them Even
the Richmond EnguSev cannot escape from this
positien. And there leave this braIch OF the sub
jet No further illustration Of the weakness Of it,
logic or the unsoundness OF ts do trine can be ne
cessary.
But there is one statement Of the Enquirer viii h,
must confess, fss excited my wonder aud IL l had
met 1t any where else, should have said my
amusement. IL dispsysa recklessness of ignorance
or OF something worse than ignorance but II is
redeemed In some measure, 80 far, indeed, as such
by the assertion. The Enquiur thus states the no
siton:-Otnoliou s as these principles have always
been 10 the Judgment and feelings OF the Southern
people, Gen Cass advanced now, for the first time,
and interests OF the South. This proposition for
merry enun- isted in the fourth, firth and sixth ar
les Of This Confession of Faith, aflrms in fact
that slavery Is the creature Of local law, and can
claim neither protection NOR ogLiton in the CON.
stitution.r Az the writer controls the universally
OF this position by the admission that lex ept the
provision for 'be recapiure Of fugitive alaves."
generality of the terms he employa "But we do
not mean" continues the writer, Ito discuss the
validity of this novel article Of the Cass creed. We
propose only to submit 1t to the people Of the South
that they may learn TO what an extreme Of hostility
to their rights and interests Gen. Cas- has been
driven by his antt-savery prejuaioes." There Is
much more Of the same sort, but this IL enough.
And this is said in the capital Of Virgins, and BY
old State. Like his Olympau predecessor, he con-
sidels all thunder but his own a. brutxm fslrpea,
which term he applies to the Washington Union, or
any other arrogant or presumptuous organ" which
bas the arrogance or presumption to d3ubt his in
fallibiiy. "rbs novel article In the Cass creed lad
vsnced row for the fir.t time, believed IN "0nly by
the most crazy Of the abolition fanatics" Is heralded
thrilling denunciation as the most injurious and I'M
just attack ever made upon their rights. Does the
Wi er me an that l was the first to advance this
principle of the mere local existence OF slavery,
with ,ts consequences, that nov advance it for
the first time? l am not going to analyze the
charge. 1t is not necessary for any purpose have
10 view. It is clear that his object is to ritate the
South sg.inst me, and to make ne Responsible for
the doctrine, and to persuade them that am using
it faitblessy, and to their injury.
In the first Place, l have maintained the same
views time and again, and the writer il he did not
know it, ought to have known It before he thus
Is Of little Importance, when compared with the as
serion that at has been heretofore maintained only
by the most crazy of the abolition fanatics" Has
the writer lived IN such an atmosphere OF political
has bt en- maintained by some Of the ablest and
most accomplished jurists North and South THAT
it YVES maintained by the Supreme Court Of the
Uni,ed States, in the well known case Of Pdgg
against the Commonwealth Of Pennsylvania, where,
among other points, it was solemnly ruled, that
" the state of slavery is deemed to be mere mu-
nicipa regulation, founded upon and limited by the
range of the territorial laws?"
The eame doctrine has been maintained by judi
cial decisions, in Pennsylvania, in Kentucky, in
Ohio, in Louisiana in Mississippi in Missouri, and
have seen it stated in other States. The Loui-
siapa Court pronounced that "the relation of own
er and slave il, in the States Of the Union in
which it has legal existence, the creature Of the
municipal law" The Mississippi Court thus con-
frmed Tho Same doctrine: 1.-THE right Of the master
exists not by the force Of the law Of nature or Of
ftpne hvlf hv5 w. nn1u ~ lar
Slavery is condemned by reason and the law Of
nature-it exists and can only exist, through mu-
nicipal regulations" Slavery" says the Ken
tueky Court "exs's only b positive lay Of
of nature, or tire unwIitten or common lawn
"lhe state of slavery," thus decides the Pennsyl-
vania Count, dis deemed to be . mere municipal
regulation 1SuDisa upon and limited by the
find these ext acts in the papers Of the day, with
reference to Martins Louisiana Reports. to Mar.
sball's Kes lucky Reports, to Walkers Mississippi
Reports, and to Peters Pennsylvania Digest; and
Judge Mclean thus announces his adhesion to the
doctiLe:-
Without the sanction of law slavery exist
in Territory than breathe without air
slaves are not property where they not made such
~ municipallaw
MIR. Clay pai1tained it, saying in the SeDate:-
You cannot put your finger the part of the consti
pon which conveys the right power carry slaves
Of the States of the Union to any Territory OF
he United States.
Mr.. Webster, it is well known, corcurred in this
view. Mr. Harris, Of Mississippi, will hardly bs
yet have already quoted his declaration that the
cor s,itution does not carry slaves any where aud
bsye referred to that of Mr.. franklin.
will Lot pile Peli0n upon Osss by multiplying
these fert noes am weary Of this perversity OF in
telect, closely allied to mental hallucnation or to
moral obliqpiiy, which boldly proclams the expan.
sive POWER OF slavery with law. and without law,
and 1ebukes me as An abolitionist because hold
on to the true creed founded in reason, hallowei BY
time, and fos tilted by the judicial decisions Of our
highest tribunals.
One word upon another topic: am reviled-she
tone ard temper displayed admit no other epithet-
because expressed the belief that slavery would
never be established, ahoud these bills pass. Aud
cid not the Southern members Of the Senate, In ef
feet maintain the came view2 And was con.
irmed In this impression" remarked in the &c.
nate, towards the close Of the st session, "by
what was said BY the Senator from Tennessee, (Mr.
Jones by the Senator from Kentucky, (Mr. Dixon,)
ano BY The Senator from Not Carolina, (Mr. Bad.
Senator from Virginia, (Mr. Hurter,) and in which
iully con mr. that the South will never derive any
benefit from this messu e, far it respects the
exter sion Of slavery; for leglslate as We may, no
human power can ever establish it in the regions
cefint BY these bills"
DO not recollect single Southern member who
aivocsted the adoption of these measures on the
ground that they would lead to the il PRODUCTION of
e'hNeiys tuppkeu tueni auo suppose yet, tpaL
Southern men were influenced to support them net
by Il prospect Of the extension Of slavery, but
sold il debete, because trey removed an "invi5ious
unconstitutional Interference. II (ths Missouri geo.
grSrbica] lne) makes q distinction bet veen North
srd South, witch cannot but be obnoxious to
high spirited community. Ard certainly to remove
this bar sinister from The national escutcheon msy
well furnish more powerful motive to o great con-
nun y, jealous of It's honor, than any nope or ex
ptctslion that its accom- plisbment will lead TO the
int Cduci Of slswry ioto these Territories"
A. to the assertion Of the Enquirer that sup
ported this arrangement because IL is free sill,
abti'slayeIy essure," have merely to say it has
bot The shadow Il foouda ion in fact. / support,
III O vlied for It, bsceuse II sanctions TIE doc
tine of Cor grtssional Dor.ntsreience, ard de-
cares yod sn Unconstitutional provision which
established geographical iite ss boundary
atsiDst the exercise ct the rights Of sef goysfn.
ne t. Il bel, We slavery will never go TO Kansas
81 Eebaska, and so ss,d a; d believed q vast u&
j'rit' OF e. members II Ccnsrssa, si;h1us refer.
ence TO location ard rejo.cs that have seer 20
ca g. TO charge this opinion, bnt hat is IS strength
ereC 1, on az to dgv. Mr. We petsr aud Mr. CIay