The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-02

ysrv in the Unised States rhss CLAUSE Of the consh
t.s,sn VII ch specially favored 1t, one Of hose
sspses which was protected against sDssdnsnt Dy srn-
slavery stssgthensd BY the 30 classs ID seson Of
@sinr 70 nun oers providing hat the members ''shsl
bs cesrm ned py sdding the whole number of free
years sna excluding Indians taxeo tbrssdfhs of
al other persons" This precision strengthens slavery
sssn.ives in Congress than they would have il slaves
only property This provision was much
sf i,s import by . goat majority. The constitution
srotse,s L iupsdly BY Withholding Al power 70 nj1re
n. Sd Ss slsuss 81 the section .th asis ~
4,h section o. the a article and By the 81 clause #
y,des hat no person held to service or labr
W one state y The laws thereof Escaping
.s..asDD Ds sia be discharged from such ,sr,ics or
nbor, but shall be delivered mp claim OF the patty to
sssion Il fourth article provides that Congress shah
protect each state on application OF the Legislature
against domss ic violence" Ths sssnth clause OF the
sEhh section Of the hrst article makes It the duty
Congress TO provide for calling forth the militia to exc
eas the laws OF the Union to suppress and
nvssions The first OF these three clauses last
Isisrr.o to protects slavery y fio-ng the sscap ping
bdhasge the other clauses place the whole military
so-sr u the republic In the hands Of the federal
Under this enstitution, he flies to other lana the
Prsns AZ sOlows cap ures ana returns him II he re-
brings its military power to his
rAere s limit this protection; T. must be protected
- hong any Of the States tolerae domestic sla-
very and the constitution unalterec endures. None
q these clauses admit Of misconception or DOUBT
fsi eonstrustion. They not Incorporated into
tAs charter Of our liberties by surprise or in
seteDt iou and all Of them introduced into
bat body debated referred ees reported upon
and adopted construction Of Them l. supported BY
unb oxen and harmonious current of dectons and
s.satmen Of the svsrn mss,. State and federal fro
Washington TO Presdeut Pierce twenty
in the Congress- Of the United states hold their
d n au9 O Tho
ssn slave trade WAS carried On the whole appointed Pc
Rod under sno'her Thousands slaves have de-
hvseo up Under another, and it is just Of
gstula ion TO ire whole country that occasion has
occurred to call into action the remaining clauses which
have been quoted
Thee Institutional provisions generally as
ssissced by toose who cid not approve them,
ssquisisn Of territory When the coustisu ION wa.
soopsed the question nad settled in Nor Invest
the sla,s Of Virginia and At that time the United States
had not Of land for which to egislste except
v hereafter be considered In its appropriate connec
ticp The acquisition OF Louisiana deyolved upon Con-
performed general benefit of the whole
ooanry wi bout challenge or question, for nearly Sc
b Isi9.fhirty years after The adoption Of the oonsti
tution-upon the application of Missouri for admission
srss time asss1sd By majority q the non
States that Congress had Iot only the to prohibit
republic but that il had the power to compel States
seeking admission into the Union to prohibit it their
OOueSuC
Al respects suit the opinions, whms caprces Of the
dera government. This novel and extraordinary pre-
Isrrtres to the criticism Abundant authority
.ss found in the constitution to manage this comm n
m Ies % 81 section Of
70 cspose of and make al needfp rules and regulations
rssee'irg the territory or other propsry belonging
70 the urited States and nothing In this constitution
hsi be so construed to prejudice any claims Of the
Urited States Of particular stae; but this clause
resrc ed by It's terms The action of Congress it. 1t
here considered OrODerty, and Congress
peh cal po.er TO govern IT, rnis construction has
Orpgers then driven look power to govern it
IL necessity AID proprety Of ass mode Of execut.
esquire TERRITORY under TIE treaty making power was IL
sch en- Implication ana an Implication whose rghtal
right IN Cover being claimed nct of the right
acquire was then but an implication of an i'm plea
aoD; ard then the power :, excuoe slavery herefron
power tsxpress gyant But whether the power to pro
hbt slavery in the somm0n Territories Do claimed from
tie the other, it cannot be sustained
any sound rule of constitutional construction. The
power is not expressly granted. Then, unless
proper" in order to the jast asssatin ..
granted power the constitutional argument against it
un 5. as
tuition last referred to- from the treaty making
still this to prohibit slavery not incident to it in
it, execution That 1t is not necessary to execute the
treaty making power is shown from the fact that that
purpose,
but be wisely ard well executed without it. aad has
been repeatedly used 10 increase and protect slavery
The acquisition Of Louisiana and Florida examples Of
s with the exercise of this pretended necessary
and proper incident Numerous treaties and conventions
with bo' savage and civilized nations from the founda
ton of the government demanding and receiving indem
s for to TINS Of is eGus
sary to the execution of the power to make ''needal
rules regulations respecting the territory and other
property Of the Uoi ed States" is proven from the
hct that seven Territories have been governed
BY Congress and trained into sovereign States
without its exercise 1t is not proper because it seeks to
implied power for other and different purposes
from any snecifed expressed intended by the grant
he purpose is avowed to be to limit restrain, weak
expressly provides for strengthening protecting II
not proper because violates the Fundamental condi
saes Of the Union are ali political equsls-ssch state
haa the same right as every other State-no more,
ny and violates justice. BY the laws Of NATIONS aoquisi
tons either by purchase or conquest even In dsspoIc
the States. The for this given By the most sp
proved pubcs t. that they are The fruits o. the com
equality, excludes part Of the joint owners from
equal participation and enjoyment OF the common do
main and against Justice ard right appropsses II to the
nry and proper means Of executing granted powers 10
q. ,r s1e
exercise neither promotes more perfect union nor es
srovides Tor the common defence nor promotes the gene
raj welfare secures the blessings OF liberty to
leo Dsrdy ali these in.s.maSe blssnrs and does not
even emancipate single African slave. Penning them
mp and slowing them IN the old States may make them
more wretched and miserable bat does strike chain
from limbs Of OF them Iii not only great
to the white race but the refinement ofcruey to the bic
Expansion Is TO the increased comforts of
slave to the prosperity Of the master Tho const
aonAl construction Of the South does wrong TO any
portion Of the republic to sound rules Of construction
and promotes ali the declared purposes Of the consu
lion. We simply propose that the common Territories
be lett open TO the enjoyment Of all The people OF
the United stateshat they shall be protected in their
persons and property oy the federal until It's au.hoy Is
by State constitution and then propose
that the character OF the domestic institutions OF the
State be determined by the eemen thereof This
jurtice-this Ia constitutional equality.
But those who claim the DO In Congress- 70 exclude