The Kansas herald of freedom., 1855-03-03
TERMS tive Dollars per Annun--Ia Advance.
BY G. w. BROWN & co.

class of persons who are in favor of i'm
mediately abolishing slavery in the State.
where it exists-in favor of severing a.
once, absolutely and unconditionally, the
relation of master and slave, and placing
them upon an equality, civil and politi-
cal. side by side, in the same community.
The term, then, is altogether inapplica.
bic to any party in the controversy pend.
ing in Kansas Territory, because no such
questions can arise. Those who oppose
the introduction of slavery into Kansas,
occupy precisely the same position which
would be occupied by those who should
oppose the introduction of slavery into
the United States, provided slavery did
mot exist in any State, and the question
was whether we should introduce it,
They occupy the same position which
has been occupied by thousands of south
ern men of high political standing, fathers
of democracy, who were opposed to the
Extension of slavery into our new Terri
tories. 1t is unfair, as well as false, to
charge Abolitionism upon the opponents
to the introduction of slavery into Kan
sas; for large class of them from the
North have always stood, frequently like
the forlorn hope of an army, between
the rights of the South and the assaults
tof Abolitionists. Because there may be
Abolitionists in Kansas opposed to max
ing Kansas a slave State, is no more
reason for charging all who are opposed,
with Abolitionism, than because there
may happen to be adishonest man among
the pro-slavery men in the Territory, to
charge all who are in favor of making
Kansas slave State with being dishon-
est men. There are probably Abolition
lists in Kansas; but they are very few,
and they viii have no more influence in
moulding the future policy of Kansas
than they viii in determining the result
of the combat of armies in the old world.
/ speak of the introduction of slavery
into Kansas, because assume that, as a
legal question, it is idle to talk about
slavery now being in Kansas. There is
no such thing. There may have been
negroes owned as slaves In the States, or
bought and brought into the Territory;
but they are not slaves if brought in VOL
unfairly by the pretended owner for
permanently keeping them here, or for
any purpose except that of merely pass
ing through, (and this exception is dis
puted point among legal menu but they
are free negroes by operation of law. 1t
is well settled principle of law, and so
decided by northern and southerncourts,
that if the owner ofa slave takes the slave
into jurisdiction where slavery does not
exist by law, or permits the slave to 90,
to stay at service, to labor for the master,
or any other person, or to reside, that
thereby the slave becomes free. Slavery
does not exist in Kansas, because there
is no law in force creating the relation of
master and slave. Slavery is the creature
of positive law, extending only as far
as the jurisdiction of the authority which
created it, and no further.
If slavery did not require the sanction
of positive law to sustain it, then if there
were any negroes without owners, the
man who could first seize them and re-
duce them to his possession, would own
them, just as the man who is fortunate
enough to catch wild horse, he becomes
the owner.
The speech of Mr.. Franklin, of Mary
land, In the House of Representatives of
the U. S. at the session of 1854. ON the
Kansas-Nebraska bill, is an able review
of the question, whether slavery can exist
without positive law, and all of his con-
clusions, form review of the nature of
slavery, and the authorities on the SUBJ
ject, are, that slavery does not exist, and
cannet exist in Kansas or Nebraska, with
out statutory law in each Territory Great
ing it. Mr.. Franklin represents slave
holding district. a -Ea
But there is another reason, perfectly
conclusive TO every reasonable man, why
slavery does not exist IN Kansas, and
cannot, without the action of the Terri
torial Legislature. The act of Congress
of March 9th, 1890, section 9th, forever
prohibited slavery In Territory of which
Kansas was part. The act organizing
the Territory, where it repeats the said
9th section, only repeals it conditionally
and partially. - ael ha 80 =
The true intent and meaning of the re-
pealing clause is specifically stated to be
not to slegislate slavery into the Territory
or exclude it thefefrom, but to leave the
people thereof perfectly free to regulate
the matter themselves. 49, stss4.
l.. Slavery did not exist in Kansas
previous to the passage OF the organic
law, because the act of March 6, 1890,
specially prohibited it. 80 -
g. If the position that slavery exists
in Kansas now were true, how does it
legally exist? Why the person who takes
that position. must answer that Congress
has repealed the prohibition, and We
have 3 right to bring our property into
the Territory. Slaves in the State from
which we came are property therefore, if
slaves have been brought here. slavery
exists. But this position viii not hold
good. Congress, in the Fepealing section.
expressly declares the intent and mean
ing to be, not TO legislate; slavery into the
Territory. Ii your position be true,
Congress has hgislated slavery into the
Territory, because the repeal of the pro-
hibitien, according to Jour position. le-
galizes slavery, directly in the teeth OF
what Congress declares 10 be the true
intent and meaning of the repeating
clause. If slavery can legally exist now
in the Territory, without statutory action
on the part of the Territorial Legislature,
then it certainly could before the passage
of the act of 1890; and then it is upon
q revised rule or regulation, properly q
rule, as you hold you can bring your
slaves here now and bold them, which
You certainly could not while the act OF
1ee0 remained in its full force and YET
there is aproxiso in the repealing section
expressly providing that no such old rule
or regulations shall be revived. Nov yeu
assume, by your position. that such old
rule. as before mentioned, has been revis-
ed, while the repealing act says It shall
not be revived. N e.s s
3. The repeating section says the true
siuffsrf ard rr,an nx,snc- of fla aat - To laaya