New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-21

Rss vbhc that The Slavery prohibition was perpetual
ard ssSAsT abe tha; tie word FonyEs, - aed N
the ordnance, snd incorporated N ther seve,s On
espic and enabling scfs mesns not merely unai tnef
State cons rtuons should be formed bat 80 long as me
States thus organized sh, uld live. Yes Sir, 'hosry
fcr,rer 20 al the inhabitsns" was declared by these
.h,ss rev States TO De ,he e<seotil condition OF
their s1.tepce-ther very breath Of life And tn-dsy
over ali that vsst tract Of country covered by thoee
Al. free S,A;es comes the stirring kndhng proclsns
ton liberty 10 sll The irhaoI'aots fererr -sy
rnpryrR until empires snd Dahous perish, TIL TIE
heavens be DO more. and tie cath and sea give up
their dead Iwould not willingly surrender power
~birb has worked such bene6cent results
thai ibis statute restriction upon the nsatnaon, OF
rev States NAV and should be impoeed by Congress,
spd thst l. to repudiate altogether the souresay OF
the General Goverumtn' over The Terntor'e'-to deny
that the TEE ritories ae the property OF the Un'ed
ates and assert the contrary IN the words OF Mr.
Calhoun whom the President undertakes to iolljs,
but with unequal step, that the Territories oeonS
rot 10 tie United STATES, but 10 ne strerd! Stdes-
"thst IN tie States, sEvKRiLLI reside tne deniinOn
"apd sovereignty over them iCslhouns Works, Vol.
4. p .97l Tia, vas the only position by which toa'
crrat man could make plausible HE objection 10 the
Slavery inhibition by Congress. de held nS the
Territories vere the common properly OF the 'everal
Ssies held Jointly fer their common use and therefore
he claimed that il was rnjEst AID uHe9udi that any
"portion OF the partners outnumbersg another por.
"tion should Dust them OF this common property OF
"theirs, or prescribe them rom emigratns tolther
with their slave property. He did not question the
power of Congress TO govern the Territories, a. the
trustee Of the Staee ar for er benetf, but denied
that under the Consultation Slavery could be proolot
therein. II the States are tenants IN common IN the
Teri.ore.-if they be the partners in this property
Row can one portion Of these partners outnumber
another portion aud Dust them surely not by legsa-
op for they do not egslae As Ststes over ne errl
tories. How them BY entering the Terrt 'ry,
and oustipg their eopartners by force, or oy acts
of usurpation. That, Sir, has been done already not
by the non. saveholdng par ners but by me sisve-
holding partner; and that is the inevitable result OF
Mr.. Calhouns proposition, adopted oy the President
that the Territories are under the domnion and SOW
ereenty Of the States severaly That s the result OF
hi, cor stitutiond equality OF each and AL OF the
Estates of the UuiCn States, asserted % ne treS
dent for the government OF Kansas instead OF the SOW
treis nty of nation. This attempt 10 secure equA
v 10 the States as such within the Territories csnno
be Effected. No legislation can secure II It's im-
possible in the nature of things. The siaveholdnS
Statee assert that men are property the nJn slave
holding States as.et that men are not property aud
cannot and shall not be made property! Georgia by
her Constitution, declares that the Legislature soai
have DO power TO pass laws for the emancipation OF
slaves wtbous heprevous conse, OF each OF thef re-
speciive owners Ohio, by Der Constitution, declares
that there shall be slavery, except in punishment OF
crime uron due conviction. IL the domestic lnstuu-
tous of the several States are TO Obtain IN the Terrific
there when they thus conflict You might ag we'll ex
pec two separate ard astinc substances t. occupy tue
same place at the ssme tine, or life and death 10 CO.
exist at Me same m m Mt IN the same BODY.
Sir this proposition Of State equatyn the Territories
isar ere absurdity except upon the hypo hess that
the Territories shall be psrtitioDed. Pa6titon would
be a compromise; and when the South assumed this
petition, Der great leader Mr. Calhoun toll us, Let
''us be done with compromises; let US go oack aud
stand upon the Con,ntu'iOn.' (Calhouns Works,
vol 4 D. 3i7). | sgree to that-the North agrees 70
that-no more communicative stand upon the Con
stitutoD. Then, SIR there's TO b no partition ct th4se
Ierritor6s-no appOrucnment OF one part ~ save
territory and another part - free territory lns be-
ire So say again the equa dominion OF the States,
"ss States with in the Territories Is imp lble The
privilege to hold slaves in the Territories for short
time until territorial statute ora Constitution OK 'dd-
ing il shall have been adopted will not secure to the
States equality in the sense used by the Pre- lent II
would not meet the demands of the South TO permit
them TO 90 into the Territories with their slaves tomor-
row. 10 be driven back and Oused by superior numbers
the xext month OF the next year. To make good tnls
demand cav to gentlemen, you must-you sill take
another step that Is, TO assert your right 10 hold
slaves wi hin the Territories ofr, ~ well ~ htoTe,
their erection Tito States. This ssssrliy results
within the Territories the 9udy OF each oi the States
as Siates ID TO be maintained
WHY Sir we were told but day or two ago by III
gentleman from South Carolina Mr.. ORR that trh-
toiial statutes were abe oluely Necessary pro'ec
slave propert, within the Territories. Ensctmeats
10 that emo have already been made IN insas by
usurptrs Repeal n ese attachments, as trust yol will
repeal hem and what sanction or protection then nave
YOU for slavts in Kansas None, SIR, none. You have
a erin - act for the punishment Of marder, manning,
robbery larceny sc VIII N committed in any ptace
puder the exclusive jurisdiction OF the United States
&c This act, With lie penalties, by its own terms, a'
well by your organic law IA la full force 10 han'as
but furnishes p oecJn 10 Slavery or slave prop
er,y there If any person shoud steal q slave within
that Territory held by eDOther as bus property, he
could not be punished under that statute. II a slave
should there resist his masters authority over MS per-
son. and taxi bic masters life 10 deieose of his own
liberty think you the save could be- held for murder
under the national staiuie1 No. cir. Why
would It not be larceny under that statute TO steal
tave in Kansas or murder tor aelaye 10 resi.t u as
sault Of bis master and say him in defense of m- ho
erty Simply be larceny can only be commit d
Of prOrtrty; and by the Constitution OF our 10 nnon
county, thank God. bES are not PROPERTY, and can.
not be made property, aud have tue night 10 aeen1
the personal liberty even 10 the inf Jtion OF deNi
At common law, larceny can only be committed OIL
property and il IL not murder TO kill another In deense
Of your peIton liberty Our penal statue uses the
terms Larceny and murder only In the sense VI
the coDmnolaw.
That men are rot property under the Constitution has
been declared from the Supreme Beech. In the c-se
of Groves At al rs. slaughter 10 Peters, p 500 Jus
tice Mclean, speaking VI slaves says Iqe coHsc
"i.r Of property ia given them by the lOcallaw and
that the Constitution acts upon slaves AZ pers aud
not as properly" IL needs no opinion OF thar dis'n-
eu.hed man and eminent junst to establish THIS ~
Slaves were property under the Constitution, It would
follow that they would cent? De property, wherever the
oy Der mis bt take item within the InioDi and memo
be might bold his slaves az property within ONO not
vitb.tpon q her constitutional prohibition. II has
been ruled that the owner bring his slave within that
State the slave is free II the Constitution would pfo-
tec slave property in Ohio it would protect 10 ~
sea The Constitution protects IN petber and hence
il follows that il can b. protected only by local law.
The gentleman from South Carolina Ar. Oaal was
right therefore in sayiDg that ~ithout territorial laws
to project it, slave property could not &c he'd 70 tns
Territories This concession, sr While It IL nanes'y
true is fatal 10 the Presidents assertion Of t9e e1HSE
ionaI aLo imprescrpibe right OF each and all OF tie
States ss States, 10 hold slaves in the Territories
TIE PRECEDENT. assertion of imPrescnp1be right
% Of eannltH Of the several St.ies Y slth0a, mea-