The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-20

~ ksAH - v - - a. 49, ~ -
II can be properly prevent
ed. But Il IS insisted that
this cannot be done in the
case under consideration,
and in the form proposed.
First, because the ,onstitu'
ton does not give Congress
the power TO prohibit sIa-
very IN the Territories, ami
that. consequently, the
great plumber OF acts for
that purpose which have
been passed for the last
sixty years, with general
assent. were but so many
infractions OF the Cons,itu-
ton.
All will remember the So
lemnity and rapidly with
which State after State, at
the South, in succession,
anncun led this doctrine,
and the acrimonious vehe.
mence with which their
conventions denounced pc.
liiical prescriptions, IN the
form OF excluding from the
Offices Of President and Vice
Presid. Mt, all who rei'us-
ed to adopt IL. But IL is al.
ready apparent that differ
ences Of opinion upon this
important subject cannot be
settled by vehement as
stump ions, nor cancellation,
in regard 10 Il. promoted by
denunciation In our coun
try fuch difficulties must be
solved BY a ppeals 10 the
tests provided by the con-
st'tution. For the reciltude
az our motives, and ,he cor.
rectness OF our conduct, we
are responsible, on earth,
10 the opinions OF the civil
ized world, and hereafter %
a Pc yer that Is greater and
wiser than all.
The question If con titu-
tionaiity. the giavest Of all
objections that can be made
against a public measure,
has inst passed through the
orceal Of public discuss on,
and the doctrine in question
has been SO thoroughly re-
Jeoted and condemned by
the voice az the nation, tia.
il Is 10 longer necessary 0
spend words in refutipg Z.
Two circumstances have,
how ever, occurred, which,
though not necessary to
It's overthrow, give TO that
overthrow a sanction that
entities them TO notice. II
nov appears, that twenty
eight , ears since, at the
time of the Misscsri com
promise, Mr. Monroe. then
President a STAKEHOLDER,
and elected from a slave
holding state, submitted
this very question, save
only that II was then APP
piled 10 slave territory, to
a cabinet composed, among
other great men, Of such
z ant intellects from the
slaveholding States as
Crawford, Calhoun and
Writ, the latter the law Off
Ger Of the government; that
they were unanimously of
opinion that Congress did
possess the power in ques-
ton: and that the then
President, a man who was
on the scene of action when
the constitution was formed,
concurring IN that opinion,
approved the bill. The docu-
ments which attest these
interesting circumstances
are before the country, and
every one will Judge for
himself Of their claims to
credence, considered in con-
nection with what has been
said upon the subject by
the survivors of the Cabi-
net referred 70.
To bring the matter near.
er TO our own times, within
q few days, upon the heel
OF the recent discussions
upon this point, q bill con-
tanning this restriction--the
very bill VIII oh has, IN part,
produced this discussion
has passed both branches
OF the national legislature,
and received the constitu
tional approval OF the pre-
sent Executive-an appro-
val which IL was his sworn
duty to withhold, If he had
not been satisfied that all
the provisions of the bill
were in conformity TO the
constitution. The present
President, also q slavehold-
er, elected from . slave.
he lding State, with q large
portion OF his Cabinet In the
same situation, has given
the highest sanction 10 the
doctrine we contend for that
"a known 10 our Institutions I,
and although he felt himself
called upon 10 make an ex-
ira message, setting forth
his reasons for believing
that the restriction ought
not TO be applied TO our
Mexican territories, he does
not take the slightest notice
OF the constitution nj objcc-
ton on which so many
Southern States had based
their opposition TO tue gene.
raj measure. This branch
of the subject had been
thus, and We hope forever,
disposed Of.
IL Is further contended,
that slaves are so far 20 be
regarded as property ~ 10
authorize their owners 10
carry them into any OF tho
Territories and 10 hold
them there, notwitbstand.
ing any act which Con yress
may pass upon the subject.
II Congress have the
constitutional power to pro-
hibit slavery IN the Terri
tories, IT, laws place the
subject on the same footing
there as the state laws
do in the states As we'll,
therefore, might the slave
holder contend that he can
Bring his slaves into n state
which prohibits slavery
as he can bring them In.
10 territories where sla.
very Is prohibited by Con.
gress. II his slave runs
away and enters one Of the
non-slaveholding states,
he does not thereby become
free, but shall be deliver
cd up upon the claim Of
the person entitled 10 his
services. but this Il not
in consequence of the re.
cornition ofthe right of pro-
perry In such person, not
withs'anding the state laws I;
but In virtue &C an ex-
press article of the consti-
tuition VIII ch constitutes one
Of its compromises upon
the subject Of slavery. This
view of the matter was
placed in q clear light In the
recent debates, by one Of
the Oldest and most distin-
guished members Of the
Senate, when he insisted
that the claim on the part
OF the Shareholders, though
rominally " remove their
Pre- pcrty, was, In reality,
70 tranport th.ir laws into
the Territories. One has,
there iore only 10 imagine a
Territory governed by the
various and conflicting