Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-28

1 S"J wv HciNil W iHtlOuhNt, Out pClntHilJ w
continue these anomalies. For the offspring
of the female must be governed by the foreign
municipal laws TO which the mother was sub
ject and when any slave is sold, there must
pass with him, by species Of subrogalon and
as kind Of unknown jus in re, the fureign
municipal laws which constituted, reenated
and preserved the status Of the SLAVE before his
exploration.
The claim that a master removing his slave
into territory and losing his property by the
act is deprived of his property withou, due
process of law" is without foundation. This
phrase is drawn from Magma Chdrtd, and ex-
isis in nearly all the state constitutions. Yet
in 1878, a law was passed in Virginia that there
after no slave should be imported into the state,
by sea or land, and that any slave who should
be imported should be free. Slaves thus inn
ported sued for their freedom, and got it, yet
nobody ever claimed that any Of the principles
of Magma Chdrid were violated.
Judge Curtis examined at length the claim
that the treaty of 1909 between the United
States and France, by which the territory be-
longing 10 that country was conveyed, has so
restrained the constitutional powers of Congress
that il cannot by law prohibit the introduction
of slavery into that part Of this territory north
and west Of Missouri, and north of 800 30,.-
But treaty with foreign nation cannot de-
prve Congress Of any part Of the legislative
power conferred by the people, SO that il can
no longer legisae as il was empowered to do
by the constitution But the treaty contains no
stipulation in any manner affecting the action Of
the United States respecting the territory in
question. Whatever construction may be put
upon the article requiring that the people of
louisiana should be maintained and protected
in the enjoyment of their liberty, property and
the religion they profess" any claim that they
had right 10 hold slaves in the remote por-
tions Of the ceded territory was extnguished
when the the residents Of the then territory
were Incorporated into the Union The stipu-
lation was temporary. When Louisiana was
admitted into the Union, she ceased to be 'pro-
tected," and was admitted to the enjoyment of
all the rights, advantages and immuniiies of
citizens Of the United States. This treaty has
no bearing on the present question. Judge
Curtis closes with this paragraph =
"For these reasons am of opinion that so much
Of the several acts of Congress prohibited slave
ry and involuntariy seryitude within that part Of
the territory Of Wisconsin lying north of $50 30'
north latitude, and west of the Missippi, were
stitutional and valid
Judge Mclean argues the general point at
almost as grea, length as Judge Curtis. A
large portion Of his argument covers precisely
the same ground. This it is not necessary to
repeat. lie says that the Judicial mind Of this
country, state and federal, has agreed on no
subject within its legitimate action with equal
unanimiiy on the power of Congress TO es-
state or IeoeraI, no Judge or statesman, is known
TO have had any doubts on this question for
nearly sixty years after the power was exercis-
ed. Such governments have been established
! from the sources OF the Ohio 10 the Gulf Of
Mexico, extending 10 the lakes on the north aud
the Pacific ocean on the west, and from the
lines Of Georgia TO Texas. Great interests
have grown up under the territorial laws over
a country more than five times greater in ex-
tent than the original thirteen states, and these
interests, corporate or otherwise, have been
cherished and consolidated by benign policy
without any one surprising the law-making
power, had united with the judiciary, under the
universal sanction of the whole country, 10
usurp jurisdiction which did not belong to
them. Such a discovery at this late date is
more extraordinary than anything which has oc-
CURED in the judicial history Of this or any
other country. Texas, under previous organ
izaton, was admitted as a state, but no state
can be admitted into the Union which has no,
been organized under sOme form Of government.
Without Temporary governments our public
( lands could not have been sold, nor our wilder
ness reduced 10 cultivation and the population
protected nor could our fourlshng states west
and south have been formed. What do the
lessons Of wisdom and experience teach, under
such circumstances if the new light which
has SO suddenly and Unexpectedly burst upon us
be true! Acquiescence; acquiescence under a
settled construction Of the constitution for sixty
years, though it may be erroneous; which has
secured to The country an advancement and
prosperity beyond the power of computation
lf the great and fundamental principles Of oul
government are never TO be settled, there car
he no lasting prosperity. The constitution vii
become a floating waif on the pillows of popu-
lar excitement. Before Mr. Monroe signed the
act admitting Missouri to the Union it was sub
mtted to his Cabinet, and they held the restrc.
tion of slavery in territory to be constitutional
In regard to "the effect of taking slaves int
state or territory, and SO holding them whert
slavery is prohibited" Judge Mclean appeal
to the decision of the cour, in the case Of Prigs
against the state of Pennsylvania, that decision
being, tina, "the state Of slavery is deemed TO b
ga mere municipal regulation, founded upon an
"Hmited 10 the range Of the territorial la,cs. -
!, That decision further says;-
+ ''It is manifest from this consideration, that
, the constitution had not contained the clause re
quring the rendition of fugives from labor, ever,
non-slayehodng state in the Union would hav
been at liberty to have declared free all runawa,
slaves coming within its limits, and to have givel
them entire immunity against the claims of thei
masters
If slave abscond, he may be reclaimed, bu
if he accompany his master into state or ter
ritory where slavery is prohibited, such slav,
cannot be said 10 have left The service Of hi
master If slavery be limited to The range o
J the territorial laws, how can The slave be co
creed to serve in state or territory against th'