The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1854-06-21

theory. The Federal Government as the
agent of the States in governing the Terri
tories, is bound 10 regard this principle of
equality; it is, therefore, in violation of the
fixed principle Of equality; it cannot disre-
gard it without gross violation of its inter-
ests' The Prohibition of slavery does vio-
late this principle of equality; it is therefore
in violation of the implied limitations on the
governmental power of Congress over the
territories. Again, it is a received maxim in
the law, that you cannot do that indirectly
which you cannot do directly. You caanot
expressly prohibit the citizens of the SOUTH
ern States from emigrating to the territories
If you prohibit them from taking their
slaves with them, you practically exclude
them; therefore you cannot prohibit them
from taking their slaves with them.
When We consider that the Constitution
recogn ICED SLAYER, in its most extreme form.
the importation Of slaves that it required
fugitive slaves to be delivered up! That il
admits this institution rs an element Of rep
rcscntation, is it not n monstrous assump-
ton of power, for Congress, the mere crea-
ture of the States, to undertake to stigma
tise this institution, and put it under the
ban in the Territories, and all under an i'm
piled power derived from principal power
itself of doubtful validity! It is clear,
think, that the power to prohibit slavery in
the Territories cannot be derived from the
power to acquire territory.
There is one view of this subject which
arises out of the treaty acquiring this Kansas
and Nebraska Territory, to which it may
not be amiss to alude. According to the
treaty "thc inhabitants Of the ceded territory
shall be protected in the free enjoyment Of
their property" Now, is it not clear that
any inhabitants of Louisiana, living at the
time OF the treaty, and now living would
have the right to take their slaves into Kan
sas or Nebraskaao the same extent now as
at the ratification Of the treatyl Ifso, then
the Missouri restriction is in violation of the
treaty! If so, then the Missouri restriction
is in violation Of the treaty as to them, and
void. But the Constitution provides that
"the citizens of each State shall be entitled
to all privileges Of the several States" If
therefore any citizen Of Louisiana have Il
right to 90 into these territories with their
slaves, the citizens Of evesy other State have
the same right.
pass on to consider this Missouri restric.
lion by the test of that great principle Of
justice, which, above all things else should
characterize the Federal Government in this
action towards the States. The argument
on this point will be brief; for the teaching
of Justice is not to be worked out by rigid
logic; it is light from above which flashes
upon the truthful soul. How did We ac
quire this territory! BY purchase. Where
did the money come from! From the South
and the North. What is the irresistible e
conclusion! That the territory so acquired
should be administered by the Federal Gov
ernment for the mutual benefit of both
North and South. This exclusion Of slavery
is practical sequestration of it for the exclu
sive benefit Of the North. Is this justice
it is perversion of terms to speak of such
action and justice in the same breath. 1t is
the justice the wolf extends to the lamb
the justice unrelenting power extends to its
defenccless victim. 1t is wonderfully like
the justice arrogant Rome granted to cx-
haustcd Carthage, forbidding her to touch
Saguntum or pass the lbcr. II is an estab.
lshed principle Of the Equity jurisprudence,
theamost beautiful system Of morality ex-
tant out of the Dibe, that if A purchase
land with the money of b, there is a result.
ing trust tlat A shall hold the land for the
benefit of b. Should not this persuasive
morality apply to ths Federal Government
| In reference IL chs purchase vf these ts-r;.o
ries! Government in its most sublime
aspect is bat the highest m inifestltion
of human justice, 1t was grand concep.
ton of great king which induced tho
sentiment, that If justice were banished
from all the rest Of the earth, II should at
last find refuge In the breast Of kings. How
much more appropriate that this sole rest.
ing place of justice should bo in tho coun.
ell of the great Republic.
The Missouri restriction, being liable to
such vital objections, should be repealed.
But its repeal is resisted by large portion
of the North on yarious grounds principal
ly on tho ground that IL is violation Of
good faith. This assumes that the Nilsson.
ri restriction was compact, which cannot