New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-14


and this control mus, be defined and regsisfed ~ .e
municipal Law. In one STATE, 50 q: one per1oo 0, .'
Roman s~, = sy PIT the life Of re slave INTO 'ne
Of he master; others, as those OF the uni'eo So
Which tolerate Slavery, may treat 'be slave Sc
when the mater takes bic hfe. While IN onel.' ~
sw may recognize right Of the slave u De proec"s1
from cruel treatment In other words oe sa.L s;n
Slavery embraces every condition. from nss u 1.,s
The tlsye il know 70 the Ia siGpy q. chi,ie VITO
civil RS h.s TO that in which b. Is rec 1gnized ~
person for all purpo-es, the cJmprsory 20 yer
Of directing Ld receiving the t'ui.s o. MS lsosI;
Which Of these ditioDs shaIl attend the 'tdHs Oh
slavery Dust depeId the municipal law when eie
stts and upbolds il
And not only must the sto.a, Of slavery be crested
snd nes, ured by municipal law, but the rlgoN, pow.
and obligations which groE out Of thai :tdN' NJ
be defined prote ced and Il forced by such AVE- nc
liability Of the master for the torts and crimes OF MS
slave and Of third persons for ass4ultns, or ln hs,
or bsrboriDg, or kidnapping him. the forms ana 1aes
Of emancipation, suits for freedom, the capacity OF tn
slave 10 be party 10 suit, or 20 be witness .lu
such police regulations have eIi.ted IN all cVlh~d
States where slavery has been tolerated, are sm ing
The subecs upon which municipal legislation becomes
pece sssry when Slavery IL intro duced.
IL il conceivable that the Constitution has conieso
The night on every citizen TO become resident on Tue
territory Of the United States with his slaves anu
there 10 hold them such but has neither maze h1r
provided for any municipal regulations WINCH ''o
tssential 70 the existence Of Slavery
l. IL not moe rational to conclude thst they who
framed and adopted the Constitution were aware tnt
peIsops held to service under the awe OF sac are
properly only 70 the extent and uuder the conduons
fixed by tbcse laws that they must cesse TO be avsu-
able se property when their Eners voluntarily place
them permanently within another jurisdiction, where
10 uncipa laws the subject Of Slavery exist; ana
that being aware Of these principles and having ssid
nothing interfere with displaoe them, or to compel
Con. to egslate in any particular manner on the
subject and having empowered Congress TO make Oil
neeofu regulations respecting the territory OF tne
United States il was their intention 10 leayeto the dis
ceton of Congress what regulations, if any should be
made concerning Slavery therein. Moreover, II the
right exists what its mis 8, and what are lie cond
tons II citizens Of the United States have the right
10 take their saves 10 territory and hold them there
as slaves without regard TO tt laws OF the territory,
suppose this right lie not to be restricted to the ciz ms
Of sav eholoiDg States. citizen OF State which does
net tolerate Slavery cen hardly be denied the power
of doing the same thing. And what law OF Slavery
does ether take with him to the Territory If il be
sad to be those laws respecting Slavery which existed
10 the particular State from which the slave last came
wba an anomaly is this Where else can we bod un-
der the law Of any civilized country the power to To-
toduce and permanently continue diverse sysems OF
foreign municipal Law for holding persons In slavery
soy not merely TO introduce but permanently to con-
time these anomalies. Fer the offspring OF the female
must be governed by the foreign municipal laws TO
which the mother subject; and when any slave is
sod there must pass with him, by species OF subro-
CATION and kind of unknown Jus IN re, the Tor,
eipn municipal laws which constituted, regulated ana
the status of the slave before his e1por
ton, Whatever theoretical importance may be now
suppcsed TO belong 10 the maintenance OF such rgot
XII perfect conviction that it would, If ever tried,
prove TO be az impIacticabie In TACT ss Is, IN my
iuf Rment monstrous in theory.
consider the assumption which lies at the biss OF
this thery to be unsound; net in its just sense and
when ery understood but In the sense which has
bt attached to it. That assumption s, that the ter,
ritoIy ceded by France was acquired for the equal
benefit Of all the citizens of the United States agree
TO the position. But il was acquired for their benefit
in cole Give not their individual capacities II was
acquired for their benefdss an organz d political so
cety, subsistDg 1.-The people OF the United States
under the Constitution Ct the United States to be ad-
miDstered Justly and mpartiay and as nearly as pos
sble for the equal benefit Of every individual citizen,
according to the best judgment and discretion OF the
Cor Rress- TO whose power, the legislature Of the
nation which acquired it. TIE people OF the United
States have committed its sdministI nhon. Whatever
individual claims may be founded on local circum
stances or sectional differences of condition. cannot
in my opinion, be recognized in this court without
arrogatng to the judicial branch of the G 1vernmsnt
powers not committed to it and which, with all the
uI aft cted respect feel for it, when acting In its proper
,pbere do not thiLk 1t fitted to wi Id.
Nor, in my judgment, will the poston, that prohi.
bitlon to brig slaves into territory deprives any
of bis properly without due process Of law bear eI-
animation.
legislative power not peculiar to the Constitution of
the United States; IL was borrowed from Magma
Charta was brouhht TO America by our ancestors as
part of their inherited liberties and has existed in all
the States usually in the very words of the great
charter. 1t existed in every political community in
America in l7a, when the ordinance prohibiting
slsveIy north and west Of the Ohio was psssei
And il prohibition of Slavery 10 territory 10 $780,
violated this principle Of Magma Charta, the Ord.
nance of 1877 slso violated 1t and what power had,
do not cay the Congress of the Confederation a,ns bnt
the Legislature of Virginia the Legis sures Of any
or all the States of the ederacy TO consent To such
volstion. The people OF the States had conferred no
such power. think may at least say, If the Con
gress did then violate Magma Charta by the Ordinance,
no one discovered that violation. Besides, if the pro-
hibon upon all persons, citizens as well as others, to
bring slaves into territory, and declaration that
brought they shall be free dePrives citizens Of their
properly without due process of law what shall we say
Of the legislation Of many Of the slavehodng States
which have enacted the same prohibition As early a.
October, 77S law was passed in Virginia. that here
after no slave should be imported into that common
wealth by sea or by land ard that every slave who
should be imported should become free. A citizen
Of Virginia purchased in Maryland slave who
belonged to another citizen Of Virginia, and re-
moved with the slave to Virginia. The slave
sued for her freedom and recovered it; q may be
seen In Wilson agt. Isabell. Coils K. AS. See
also Hunter sgt Hukher, Leigh, LIZ, and similar
Stewart sgt. Oaks, Hsr. and John, lO7 am not
that such laws though they exist in many Sstes
were ever supposed to be in conflict with the principle
Of Magma Ckdrfo incorporated into the State CoRfttu
top. 1t was certainly understood BY the Convention
which framed the Constitution, and ever since, that
under the power to regulate commerce. Congress could
prohibit the importation of slaves, and the exercise of
the power restrained till 1903 citizen of the
United States owns slaves in Cuba, and brings them
to the United States, where they set free by the
legislation Of Congress. Doee this legislation deprive
him Of his property without due process of lawl II
90 what becomes of the laws prohibiting the slave.
Tsdel Ifnot how can a similar gulaton respe ting
Territory violate the eth amendment Of the Cons-
!utionl
Some reliance was placed by the defendants counsel
upon the fact that the prohibition Of Slavery in this
Territory in the words, that Slavery, &C.. shsu
ton of the word forer,r can have egsl effect.
Every enactment not expressly limited in its duration
ntnues In force until repealed abrosa.ed oy some