Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-05-01
The Real Issue-Slavcry Local or Ma
fiOnaI.

tiOnals
Blink it out of sight as much as the Democrats
may endeavor to, the real issue in the coming
canvas is reduced merely to this, whether Slavery
or Freedom is the national institution of the
country. In arguments with our democratic
friends upon the Kansas matter, the ground has
been endeavored to be maintained by them. that
there is no occasion fol further efforts to keep slave
ry out Of Kansas, as it can have legal existence
there under the Constitution. The ground they
have taken is like that Of Mr.. Hallett, as endors
ed by the Dem ncratie State Convention of lS49,
as follows:
"Resolved, That we are opposed to slavery in
every form and color, and in favor of freedom and
FREE SOIL wherever man lives, throughout
Gods heritage.
g Resotved, That by common law, and common
sense, as well as by the decision OF the supreme
Court of the United States, Tin Prigg US. Penn
sylvania, l6 Peters,) the state of slavery is a
mere municipal regulation, founded upon and
limited to the verge of the territorial law, that
is, the limits Of the State creating it,
Rcsolyed, therefore, That, as slavery does not
exist BY any municipal law in the new Territories,
and Congress has no power to institute it, the
local laws of any State authorizing slavery can
never be transported there, nor can slavery exist
there but by local law of the Territories, sane
TONED by Congress, or the legislative act OF
CLdte III its sovereign capacity.
BY this, we have been given to understand,
that instead Of there being any necessity for pro-
hibitng slavery in the territories there is already
barrier against its existence there, stronger than
amy which Congress can create. Now, this is
precisely the doctrine advanced by Daniel Web
ster, the great constitutional expounder," in
one Of his mastery speeches made in his better
days:
Slavery exists only by local law. do not
mean to deny the validity OF that local law where
il is established; but l say it is, after all, local
law. 1t is nothing more. And wherever that
local law does not extend, property in persons
does not exist. Well, Sir, what is now the de-
mand on the part of our southern friends They
say, We will carry our local laws with us wher'
ever go. We insist that Congress does us in
justice unless it establishes in the territories IN
which we wish 70 go our own local law. This de-
mand, 1 for one resist, and shall resist. 1t goes
upon the idea that there is an inequality, unless
persons under this local law, and holding proper
ty by authority of that law, can go into new ter
ritOries and there establish that local law to the
exclusion of the general law. Mr.. President, it
was maxim of the civil law, that, between
slavery and freedom. freedom should always be
presumed, and slavery must always be proved
II any question arose to the status of an indi-
vidual in Rome--he was presumed to be free until
he was proved to be slave, because slavery is an
exception to the general rule. Such, suppose,
is the general law Of mankind. An individual is
to be presumed to be free, until law can be pro
duced which creates ownership IN his person.
90 not dispute the force and validity of the local
law as have already said but say, it is mat
Ter TO be proved; and therefore, if individuals go
into any part OF the EARTH it is TO be proved that
tney are not fIeemen, or else the presumption is
that they are"
Thus the argument Of our Democratic friends
leads them precisely to the Republican ground
nothing more, nothing less. We would not ask
for better national doctrine on this matter, with
which to 20 before the people, than that above
laid down by Mr.. Webster, and the Massachu-
sets Democrats in l849 This doctrine, carried
out, would guarantee perpetual freedom to all
the territories
But we have made these quotations, and these
comments thereon, to show the wide contrast be-
tween radical democratic profession, and party
democratic practicable wide abyss Of diversity
between the pure doctrines Of democracy which
have been preached in former days, and still
claimed TO be adhered to by a few Of that party,
and the anti.republican acts Of the present ma.
ticnal administration, and the doctrines preached
BY its leading organs and exponents. Here is
specimen from the Philadelphia Pe'pisyiua,sian,
which rejects the views Of Mr.. Buchanan:
Few things strike a reader more forcibly than
the persistent manner in which the anti. Nebras-
Kites re-assert notwithstanding the full and fre-
gnent reputation Of the doctrine, that that slavery
Is creature Of positive law, and can have no ex-
istenee, unless established by statute. Yet al
history !. agalnst them, and Of this they must he
aware. Where is the enactment Of rns,s; .e
character BY which siiiaina9, was establisScJ IL
Great britain o. serdom 10 Russias All traces
Of the former did not disappear much befo,a ~,
accession Of the House Of Brunswick ana , ,ie
latter continues TO exist at the present day. bnt
neither Of them was ever created by law. rbev
had their foundation N the common consent =
They found their justification IN usage md T. a.
necessity VI the case Precisely Of the "ss ~
charsastr Al Dc claim of the constitutional party