New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-05-19

means to Sste where such rotation does not exist b
IL free, unIess under general law be may Be recap
tured BY the master. The Constitution, which a.
tborzes the reclamation Of fugtivee from labor. the
law of the Union this subject. There 70 no pr'nci-
pie In the laws of nations nor in the common law,
between eovereigntes which authorizes reception o.
fugitive slave. These principles viii not be dsPuted
by any one who has examined the decisions OF the
courts of the Unitsd States.
Under the articles Of confederation there was pro-
vsion for the return Of fugtives from justice but none
in regard abscendng slaves There was, therefore
10 obligation on Free State, unless imposed oy rs
own law to deliver up slave; nor was there any le-
gal me ans through which the master could claim the
fugitive. The Inconvenience and collision which ire
queny from this state Of things led to the above
provision in the Constitution.
The power to institute Slavery belongs exclusively
to the community in which it exists. In the language
of ChefJustice fancy lin Groves agt. Slaughter Is
Peters, 5os, State has night to decide for itsef
whether it will or viii not admit slaves TO be brought
within its limits from another State either for sale
"for any other purpose; and also to prescribe the
manner and mode In which they may be introduced
and to determine their condition and treatment and
1this action cannot be controlled by Congress either
"by virtue of its power to regulate commerce or oy
virtue of any other power conferred by the Const
"tution Of the United States
And in the case Of Prgg We. the Commonwealth of
Penney ania (l6 Peters Gill the Supreme Court say:
"The state of Slavery Is deemed to be mere munich
"pal regulation founded upon and limited to the range
" Of the Territorial laws" and :" 1t Is manifest from
Il
contained the clause for reception, every nonssye
"holding State in the Union would have been at lib
"erty to have declared free all runaway slaves coming
"wthin its limits, and have given them entire mmu
unity and protection against the claims Of their mas
"ters."
The true construction of the Constitution is that i'm
Piled powers can only be exercised in carrying into
effect for specific power. And this implication is
limited TO such measures shall be appropriate to the
object This admitted and safe rule OF construc-
ton II is believed to be the only one which has been
s,1 s,Sxrat
ed beyond this are not derived from the Constitution
but must depend upon an unlimited discretion. Ana
this is despOtism. - 49, .
Now, there is no specific power in the Constitution
which authorizes the organization Of Territorial Gov'
eminent. Such power was given in relation DO the
District of Columbia, and it was equally necessary In
regard to other Territories. But, if this power be i'm
Piled from the specific power given to regulate the dis
position of the public lands, must, under the above
rule be limited to means suitable to the end in view.
If Congress 60 beyond this in the organisation OF
Territorial Government, they act without limitation,
and may establish monarchy. Admit that they
NAV organize Government which shell protect the
lands purchased and provide for the ADMINISTRATION OF
justce among the settlers, does by no means follow
that they may establish Slavery. This Is relation
which must be created by the local sovereignty. 1t is
a municipal regulation Of limited extent, and neces-
sarily of an equally limited origin. 1t is domestic
relation over which the Federal Government can exer
else no control And above all, the institution OF
Slavery is not within any implication which can De
drawn from the power to regulate and dispose OF the
publc lands or other property OF the United STATES
As before remarked slaves not treated in the Con-
siution as property They are made property by the
The Supreme Court of the United States have de-.
cided that, under the power to regulate commerce
among the States, Congress could not interfere with
the slave trade between the States. And with how
much greater prOprety and force OF argument could
such power be sustained than the power to establish
Slavery in Territory In the latter there is nothing
from which the power be implied while the former
is admitted to include all commercial dealings among
the States. And it upon the ground that in the
Constitution slaves treated as persons and not as
property that they were held not to come within the
commercial power If Congress, under any Implied
power may institute Slavery in Territory OF the
United States, on much stronger grounds may they
exercise the commercial power over the transfer ana
sae of slaves among the States.
In the Territories of Louisiana and Florida, Congress
recognized and to limited extent regulated, slavery
But as before remarked Slavery existed IN those Ter
iitories at the time they ceded to the United
States and in the Treaty Of Cesson OF LouisianSthe
United States bound themselves to protect the property
of the citizens Slaves in that Territory were consid.
cred as property and were within the treaty. And II
is singular that this fact in the Missouri controversy
was not, believe, relied upon by the South II was
the strongest position that could have been taken on
| that side of the question.
If free Territory be admitted ard Congress have not
power to Institute Slavery within it, the Territory must
remain free until the people shall form State Govern.
ment then the question may arise, in the exercise OF
this sovereign power, whether Slavery shall be ad'
mitted.
Can the President and Senate, by treaty, establish
Slavery in the new Territory Such power is not
ound in the Constitution in the laws of nations.