Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1855-12-25


ed into before the adoption OF the Constitu.
tion," by the confederation---one Of which en-
gagements was that made by the regulation ex.
cluding Slavery from the Territories Thus
the Congress OF the confederation and the
Constitution united in giving double sanction
10 the exclusion.
The first exerted the power of enacting Mr..
JedersOn's interdict OF Slavery in the Terrific.
ries then heM by the United States, to which it
has previously given an impressive sanction by
adding, "This regulation shall be an article Of
compact" &C., and the Convention guarran.
teed this "engagement," entered into under
the Confederation, by declaring 1t "vaIid,"
and employed the same terms. "regnlafion Of
the Territorics," TO transmit the power here
exerted 10 future Congresses. In the face OF
this history, and the letter Of the Constitution
granting the power TO make whatever rcgula.
tons II deemed it respecting the Territories off
the United States; the authors Of the Kansas
and Nebraska bill deny the constitutionality o
all The regulations which exclude Slavery from
the Territories. and ct at naught all the prece-
dents that confirm them, which have followed
IN uninterrupted succession, from The founda-
tion OF the government. q.
That other clause in the Constitution. EN-.
powering Congress to pass laws to prevent the
| migration or importation" of slaves after 1908,
shows the fixed purpose Of the founders Of our
Union TO limit the increase Of this evil. The
| consequence was an inhibition, which prevents
South Carolina planter. who has slaves in
CUBA, from bringing them TO his home plan'a.
lion. and 10 remove this obstruction to the in
| crease of Slavery within the Union, and open
Africa to supply the demand by the new act,
the Northern nulliliers are already called on by
Their Southern allies 10 lend their aid and
certainly embrace Mr.. Calhoun's doctrine, as
stated by Mr.. Douglas, "thut every citizen has
an inalienable right to move iuto any of the
Territories with his property, Of whatever kind
or description" the Constitution and compro-
misses Notwithstanding, can hardly refuse it,
t was on the annexation OF the Mexican ter
rltories that Mr.. Calhoun asserted his principle,
TO unsettle the fixed policy of the nation, be-
ginning with the era Of the Declaration Of In
dependence; and he applied it alike To the
compromises of 1920 and 1850. Mr.. Douglas
thus sums up the position taken and the result:
"Under this section. as IN the case Of the
Merican laU in New Merico and Utah, it is a
disputed point whether Slavery is prohibited in
the Nebraska country by valid enactment
The decision of the question involves the con-
stitutional power of Congress to pass laws pre-.
scribing and regulating the domestic institu-
tons of the various Territories Of the Union.
| In the opinion OF those eminent statesmen who
hold that Congress is invested with no rightful
authority TO leglslate upon the subject Of Sla.
very in the Territories, the eighth section oil
the act preparatory to the admission Of Nilsson.
ri is null and void, while the prevailing senti-
ment in u large portion of the Union sustains
the doctrine that the Constitution of the Uni
ted States secures to every citizen an inaliena.
Bile right 10 move into any of the Territories
with his property, Of whatever kind and de-
scription, and to hold and enjoy the same un.
der the sanctions of law. Your committee do
not feel themselves called upon TO enter into
| the discussion of these cOntrOvertcd questions
They involve the same grave issues which pro-
duced the agitation, the sectional strife, and
the fearful struggle Of $780,"
From this it appears that the Compromises ol
1890 and 1850 involved the question Of the va.
lidity of the law of Mexico, excluding Slavery
from the newly ceded Mexican territory, and
the law of our own Congress excluding it from
that north of the line OF 36 deg. 30 min. Mr..
Douglas Committee report recommended that
| as
"Congress deemed it wise and prudent to re.
frain from deciding the matters in controversy
then, either by affirming or repeating The Mex
| lean laws, or by an act decaratory of the true
intent of the Constitution, and the extent OF
the protection afforded by it to slave property
| in the Territories, so your Committee are not
prepared now to recommend departure from
the course pursued or that memorable occa-
sion, either by affirming or repeating the eigtll
section of the Missouri Act, or by any act de-
claratory of the meaning of the Constitution
in respect 70 the legal points in dispute"
These passages are quoted to show that the
issues made by Mr.. Calhoun, as to the consti-
tutionalily of the two Compromises Of 1926
and 1850, were expressly left open for judicial
decision by the Committee, who nevertheless
swept away, by clause subsequently added to
their bill, not only the Missouri Compromise oil
1920, but also the Compromise 1850, which left
untouched the Mexican laws prohibiting Sla-
very in the ceded Territories, and which Web
ster, Clay, Benton. and all The leading lights ol
the Senate with the exception OF Mr.. Calhoun
pronounced valid and all elTectual restriction.
This repeal was the adoption Of Mr.. CAL
houn's notification doctrine in ertenso. The
power of Congress to make laws excluding Sla-
very forever from its Territories as such was
denied, and all the Territories were opened ia
Slavery on the ground Of the "lnalienable
right" of every citizen to move into any OF the
Territories with his propriety of whatever kind
or description ~ and the law Of squatter SOW
ereignty of the United States over the public
domain. Thus fell, at the dictation Of Mr.
Atchison, supported by the coalition effected
between the Wings and Democrats Of the
South, under the pressure and through the in
| ltlgueS o. Tic uulHuclSs NlEs JcuCLSOh HOult
principle, endeared to the county both for its
moral grandeur and political wisdom. 1t is the
first thought uttered in the Declaration Of In.
dependence; and to the denuncation OF the
King of Great Britain for the crime Of bringing
Slaves to our shores, 1t adds, as the deepest, ,ag-
gravation, that che has prostituted his mega.
tive for suppressing every legislative attempt to
prohibit or to restrain this execrable com.
Merce.''
Tho first legislative attempt to restrain the
progress of the mischief which the King Of
Great Britain visited upon this county, was
Mr.. JeTerson's resolution excluding SLAYER,
from the territory OF the United States in 7S4
the next was introduced by Rufus King'in
17s5-the third was that Of Nathan Dane in
I787-all receiving the vote Of two-thirds ol
the States of the Confederacy, and ,he first the
unanimous vote.
| The fourth movement was that of the Con.
ven.ion, in the Constitution itself, providing
against the importation of slaves after 1905
declaring the binding validity of the engage.
nents entered by the Congress Of the Confed.
eracy on the government Of the United States.
to exshide it from the Territory, and securi ne
| to the new Government the power Of making
similar provision for future acquisitions ol
territory. The fifth regulation to restrain the
progress Of Slavery was that of the Compro.
mise of 1820-the sixth, that Of 1850.
1t is remarkable that although these 'gr cal