The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-03


OF the United States, to the law Of international
comfy. The law of nations win undoubtedly permit the
other country With their property, but only with pro-
perty recognized such by the same law Slaves are
property only by virtue Of local law where that ceases
cannot be recognized treated such. If the deci
sion of this question rested therefore, upon the prnc
pies international aw-which Is the only rule Of in
ternational comity-I nothing hostile to those
principles in the law Of this State which applies to this
case.
But the several States Of this Union do not hold to
each other the relation Of independent powers The law
which regulates their and controls their con-
duct towards each other is the Federal Constitution
By the provisions Of that every State IL eft
entirely free to make such laws in reference to its local
exception 1t declares that no person held to service
labor in State, under the laws thereof escaping
into another shall IN conssq Of any law or rsgaia
Every State is thus prohibited from making law or
regulation by which fugitives from which is sc
under the laws Of the State from which they escape
shall discharged from that service The State Of New
York has always respected this prohibition, well as
and regulate slavery within theft own jurisdiction. Bat
she claims equal sovereignty over her own domestic in
situations and the same right Of declaring upon what
allowed at ALI within her limits If this right be denied
her she win be deprived Of the most essential attribute
son sns Securing the PERSONAL rights Of those who
may be brought under the protection of her laws.
which To ses an extent the ry aDa
the rights of this State should not be decided without
fun and careful saaIuaon A. no provision
State OF Virginia, either In courts or In the
federal courts to which the case will undoubtedly be
carried If decision against the law should not other
wise be obtained. l recommend, therefore, the adop-
ton Of resolution directing the Attorney General to-
gether with such counsel as may be associated with him.
to defend the rights and the interests Of this State in
the appeal that has been taken.
Having thus briefly brought to your notice those do
nestle interests which will demand your attention, 1t
only remains for to speak Of relations to the
federal Union of which the State Of New York, by its
The powers and duties of the general governwent
defined and limited by the constitution, and relate to
those objects only in which all the members of the con-
federacy have common interest But its action not
unfequently affects domestic prosperity well
political rights, and may therefore, very properly
II to be regretted that the executive veto should have
been again nterposed to prevent the necessary improve
men of the great channels Of internal commerce. for
not only would their unimpeded navigation constitute
Of material wealth. but would also give strength
and durability to the bonds Of national union The
commerce. have Invested themselves 6f the ability to do
this work the duty of its performance, therefore, by
Many branches of domestic industry langushing
for lack of that protection which proper tariff regua
tions would Afford and which, had they been seasonal
bly, adopted, would have ayerted much of the distress
consequent upon paralysis Of business which now per-
vades the country.
Congress at it's last session. passed an act establish
ing governments for that portion of the territory
quired from France in 1905 which remained morgan
ized and in that act embodied repeal Of the law
slavery prohibited from that territory forever This
prohibition grew out of the agitation in reference to
the admission Of Missouri slave State, and sup
posed to involve concessions from both parties to the
controversy BY the terms OF the compact then entered
intofor such 1T was in fact, whatever it might have
been in forn-Missour came into the Union with her
slavery and all territory south of the parallel of 80 30
was left without any restriction as to the character of
its institutions: while the other hand IL was so
lemny covenanted that all north Of that parallel should
be forever exempted from the curse OF slavery The act
of Congress- embodying this compact though doubtless
euhi n n
carried with ii, both in its character and In the
circumstances under which it adopted, solemn
ct between antagonstic interests and principles and
though, in my Judgment, the North conceded lar
too much, i cannot doubt that both sections were
Influenced by patriotic desire TO preserve the integrity
of the Union and the peace Of the country The Com
eeu.n1as Wei it might be- for the benefits She was to
derive from 1t positive aed immediate while those
which to result to the North remote and
tngent. STILL because it averted seeming dangers and
involved principle of Cancellation that promised to
strengthen the bands of the confederacy 1t was acqu
esced in by the North and for more than thirty years
had commanded the respect and obedience of all sections
and of all parties It's repea therefore, has been very
eneraly and not unJustly, regarded violation Of
good faith the part Of the South and proof tina.
generous confidence in its chvalrous honor has been
The gross Injustice of the transaction Is ag
grayated by the fact that the concession TO freedom
not withdrawn until the consideration for which IL had
been granted had been fully enjoyed Besides Missouri
Arkansas had been organized out of the territory and
admitted slave State into the I'm on and slavery had
taken possession of the whole the territory south Of
the dividing parallel before the compact was repudaed
and thelaw repealed.
By this act all the territory Of the United States with
the exception Of Oregon is opened to the extension Of
slavery Against that extension the State of New York
has always protested. In 1920 and in 1885, and when
the subject has been presened for Legislative action,
she has asserted the right the duty of that bod
which is charged by the constitution with the RESPONSE
bity of making a needful rules and regulations" for
the territory OF the United States to prohibit the
tension Of slavery ard the increase Of its political power
The Missouri compromise, which allowed its introdnc-
ton into the territory south of thiry degrees thirty
minutes passed against her convictions of justice
and sound policy but she has remained faithful to
its provisions and hostile to its Infringement repeal
She had right to expect from other States equal dde
ty TO the compact which IL involved; and she has n
right, and it is her duty to demand a restoration Of
the Missouri line, as beyound which slavery shall
not be permitted to pass; rather, required
both by the principle which called our nation into
being and by the law upon which is conditioned It's
highest deyeopementthe total exclusion Of that ano
maous institution from all territory under the ursdc-
ton of the general government We have wish, nor
do claim the right to interfere with slavery in the
member Of the confederacy, when insist that the
federal government shall divest itself Of all connection
with and all responsibility for, institution repug
nant to the general Of justice, and hostile to the
harmony and ultimate prosperity of the country. 1t
cannot have escaped the notice of the attentive observer
Of governmental policy thst has, for many years,
departed widely from that indicated by the founders OF
the republlc-viz the recognition of slavery as an
anomalous institution repugnant TO all their cherished
ideas Of the rights of men and to be local.
zed restricted to the narrowest possible limits, and
gradually eSrpated by the growth Of those principles
which form the basis OF political edince. II was
evil day for both North and South when this policy
departed FROM and the powers Of the general govern
ment perverted to the extending and nationi
alzing of slavery to the upbuildng OF institution
purely local in its character, at the expense
OF interests Of freedom which should be regarded
dominant and universal. IL Is Just cause OF COM
plant the part of New York, that dscrmina tons
should be made in national legislation which tend to
embarrass our industrial enterprises and to deprive
Of that relative political influence that of right belongs
to by concessions to the slave States which neither
comfy sound satesmanship, true regard for
Of mr. utrya n vhO ean for mn.
ment sanction. Thus have been engendered sectional
divisions, and sectional interests have been stimulated
into antagonism and ilfeeling, unworthy OF fra
terna character engendered all Of which might have
been avoided bad the federal adhered TO its
original policy good faith and justice TO all demanded
However deeply the patriot may deplore the agatons
growing out Of the slavery question: and the alienation
Of feeling consequent thereupon 1t is In vain to expect
that they can be aayed by any legislation that ignores