The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-22
THE NATIONAL ERA: WASHINGTON D. C., MAY %, 1856.

The first annexation of foreign territory to
the United States was louisiana, within which
Slavery existed under the French and Spanish
Governments. Florida, which was subsequently
annexed, was also slave Territory. Texas was
a slave State.
Ii any part of Mexican territory shall be an.
nexed, as Slavery is not sanctioned in Mexico,
it must come into the Union as free territory
and the important question arises, whether Con
gress have power to make it slave territory.
No question is better settled in this country
than that Slavery exists in State by virtue oil
the local law; that the power over the subject
is exclusively vested in the State; and that Con
gress, except as to the recapture OF slaves, can
exercise no power over 1t.
The relation of master and slave is dependent
upon the local law; and when the slave escapes
by any means, to State where such relation
does not exist, he is free, unless under gener
al law he may be recaptured by the master
The Constitution which authorizes the reclama
ton of fugitives from labor, is the law of the
Union on this subject. There is no principle IN
the laws OF nations nor in the common law, as
between sovereignties, which authorizes recap
ture of fugitive slave. These principles Will
not be disputed by any one who has examined
the OSclSlOQs OF the courts VI tuC " OeslCo
Under the Articles of Confederation, there
was a provision for the return of fugitives from
Justice, but none in regard to absconding slaves
There was, therefore, no obligation on free
State, unless imposed by its own law, to deliver
up a slave; nor was there any legal means
through which the master could claim the fugi
tive. The inconvenience and collision which
frequently arose from this state of things led to
the above provision in the Constitution.
The power to institute Slavery belongs ex
clnsively to the community in which it exists
In the language of Chief Justice fancy, in
Groves as. Slaughter, Is Peters, sos, State
"hss right to decide for itself whether it will
or will not admit slaves to be brought within its
limits from another State, either for sale or for
any other purpose; and also to prescribe the
manner and mode in which they may be intro
duced, and to determine their condition and
treatment; and this action cannot be controlled
by Congress, either by virtue of its power to
regulate commerce, or by virtue OF any other
power conferred by the Constitution of the
United States"
And in the case of Prigg Us. The Common
wealth Of Pennsylvania, l6 Peters, Gil, the
Supreme Court says '.The state of Slavery is
deemed to be a mere municipal regulation,
founded upon, and limited to, the range of the
territorial laws" and ait is manifest from this
consideration, that, if the Constitution had not
contained the clause for reception, every nom
slaveholding State in the Union would have
been at liberty to have declared free oil runa-
way slaves coming within its limits and to have
given them entire immunity and protection
against the claims of their masters"
The true construction of the Constitution is,
that implied powers can only be exercised in
carrying into effect specific power. And this
application is limited to such measures as shall
be appropriate to the object. This is an ad-
mitted and safe rule of construction. 1t is
believed TO be the only one which has been
sanctioned by statesmen and jurists. Powers
exercised beyond this are not derived from the
Constitution, but must depend upon an unlin-
tied discretion. And this is despotism.
Now, there is no specific power in the Con-
stitution which authorizes the organization of
q Territorial Government. Such power was
given in relation to the District Of Columbia,
and it was equally necessary In regard to other
Territories. But if this power be implied from
the specific power given to regulate the dispo-
sition of the public lands, it must, under the
above rule, be limited to means suitable to the
end in view. If Congress go beyond this in the
organization of Territorial Government, they
act without limitation, and may establish a
monarchy. Admit that they may organize q
Government which shall protect the lands pur-
chased, and provide for the administration of
justice among the settlers, it does by no means
follow that they may establish Slavery. This
is a relation which must be created by the local
State sovereignty. 1t is municipal regula-
ton of limited origin. 1t is domestic relation,
in the States, IL over which the Federal Gov
ernment can exercise no control. And, above
all, the institution of Slavery is not within any
inn which no Hrou tha
to regulate and dispose of the public lands or
other property of the United States. As before
remarked, slaves are not treated in the Consti-
tuition as property. They are made property
by the law.
The Supreme Court of the United States have
decided that, under the power to regulate COM
merce among the States, Congress could not
interfere with the slave trade between the States
And with how much greater propriety and force
of argument could such power be sustained
against the power to establish Slavery in Ter.
ritory. In the latter, there is nothing from
which the power can be implied, while the for
mer is admitted to include all commercial deal
ings among the States. And it was upon the
ground that in the Constitution slaves were
treated as persons, and not as property, that
they were held not to come within the CONNER
cial power. If Congress, under any implied
power, OIaVcTy III u lcrrlCOTy OF
the United States, on much stronger grounds
may they exercise the commercial power over
| the transfer and sale ofslaves among the States
la the Territories of Louisiana and Florida
Congress recognised, and, to a limited extent
regulated Slavery. But, as before remarked
Slavery existed i'll those Territories at the time
they were ceded to the United States, aud in
the treaty of cesson Of Louisiana the United
States bound themselves to protect the property
and were within the treaty. And it is singu
lar that this fact in the Missouri controvers,
was not, believe, relied upon by the South Ii
was the strongest position that could have beer
taken Oh that side of the question.
If the Territory be admitted, and Congress
have not power to institute Slavery within it
the Territory must remain free until the people
shall form a State Government then the aues
ton may arise, in the exercise Of this sovereign
power, whether Slavery shall be admitted.
Can the President and Senate by a treat,
establish Slavery In the new Territory? Such
a power is not found in the Constitution nor in
| the laws of nations.
| The words in brackets we have added 10 preven
| m'sconcepuon as explanatory OF what the writer wa
| al TINS point evidently speaking.
| GENERAL TREATY
| Between her Majesty, the Emperor of Austria
the Emperor of the French, the King of Prus
| STA, the Emperor of Russia, the King of Sar
DINA, and the Sultan.
lsigned at PARIS, March 1855 Rattle a,ions exchanges
D..