New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-10

ror.h and The PScjtc OCEAN 70 DE ""r lid Ho" ~
Co, n,ers.s have grown up ander the Territorial
laws over a country N SC hve ''uis~ gtss'e' " ek
Zen, han The original Tb ten ~ ana 'Ae's nN
80 cc-,c-s,e ~ o,herwse have ben CHERISHED and
cor .oda,ed by b. pigo policy without any one sap
po.ipg the Ia. making over hsd uh'Sa w. hi o
dietary urder the universal SOD OF zoe =.
~, "a nsnrn a iuri,dicuou which did not oeinns %
tk,m such discovery 81 th late dste, more yA-
tracrdinsry than anything Vs.co nSs oNo.1'" r..
u6icia history Of this OF soy other oounsy' 80.
under previous org 1nizati0n ws sdua'tsu a.
but no Stae can Ice admitted intO the Coion WHOM has
not been organized under soue form OF GoNe'nWen,.
Without temp rsry Governments cur ppohc ans
could not have been sid, Dor our lderness reaacT
20 cultivation and the populsi0n prot-cteu h)i S'"'4
our hourshiug States West and SOah beea formed.
Nha; do the lessons OF wisdom snd experience
teach under such cir uuls a. Gee II the ne" hghl
vhich has suddenly anc pec,edy burt upon ~
be true Acquiescence scquie- ence, under seaed
construction the Coz situOn Tor sixty Year, n ough
II NAV be erroneous which has secured 70 A9 county
an sdyanc, meat aud prosperity Beyond Tie power OF
An A., Of james Maiison wh,n P'esident, forcibly
;nns1ra,ts this policy. lie had mad up his opinion
that Congress had DO power InIe uC ~. 20
Mi 30 Establish = bank lie veto the bill on obes'
lions other than ccrsii'util nal Ia nis message no
sneaks a. a wis Statesman and Slei msSH fa~ - IoI
avs. Waving the question of the eohsu'aIonA
,k;,, of Tho 1ssislst re T. e-tablish an in'orPor
.ted bank as being frecluded IN my Judgment oy '"s
Iepeaied reccgntons under 'srled C "
the validity ot such an insiitu ION ~ IS " -,
stiye executive snd Judicial branches OF tne uoNsia
mont A, panied by indications IN dlfsteS moH~
! of a concuIitucs OF the general VII OF tne IaAon,
Has this impre< sve Lesson Of pSotcN "euou oe'V~
| lCst to the present. generation <c
| Ii the great and fundsmeD,s pn0Cpes OF o." W.,
eminent are never be se''ed there can be no lss-
rig prosperity. The Constitutions will become hoat-
| NJ wait on the pillows OF popular eIcitament
The prohibition of Slavery north OF 50 deg ~ m'u,,
ard of the State of Missouri contained in the st Sd
hitting that State into the Cnion passe by voe
| OF l3i In the House OF Repr, seDtsuves, 10 ~ BE
! fore Mr.. Monroe signed the at, II WAS submitted by
him to his Cabinet and they hsd the RESTRICTION 0,
Slavery in Ter tory 10 be III oin the C)ns,itaons
mowers OF Congress II would be singular, II IN lsOi
| torpr,ss had po~er to prohibit the introduction OF
ssyee III Orleans Territory nom any other part OF the
Union uncer the penalty Of Freedom to the slave, u
| the same power, embodied 10 the Missouri Compionse
| could not be exercised in lS2O.
| Rut this Law Of Congress which prohibits slavery
north Of Missouri and Of 80 deg. 30 up. IA declared %
have been null and void BY my orethrea. AUD tns
opinion is founded mainly - understand, on the ds-
tnctou drawn between toe orcinsace Of l7S and the
Missouri iomise line. 10 rhs does this distinction
| consist The ordinance, II Is sod "ss compose en-
tered INTO hy the coneder states before tue adJp
op of the Constitution snd o6t in the cession at tern
tory authority given TO establish Territorial Gov
| eminent
II il clesr that the ordinance I'D not 20 into opers-
ton by virtue Of the suhoIity of the Confederation,
but by re, son C its modfCa and ad)pion by Con-
greer under tho Constitution. IL eee ms 10 DO supposed
IN the opinion of the Court ths he articles OF cession
placed il on different foO'iog from Territories suoSe-
ouenty acquired. l unable 10 Deceive the fo;ccot
this ostncton. That the o'dinsrcs was intended for
| the government # the North Western Territory snf
was In tied such Territory, Is admitted IL was ex-
tended to SoutLern Territories Win notifications by
scts Of Congress and to some Northern Territories.
But the ordnance made aid by tue act oil on
gress ard without sujh act could have been OF NO
force II reeted for s validity the act of Congress
the same, In my opinion, a. the Missouri Compron's
| line.
| Congress may establish Territorial Government
In the exercise OF its discretion II lie cien pnnhpe
that Court cannot control that discretion Thus being
the case do not what ground the act Is held
to be void. 1t did not purport TO forfeit property or
take il for public purposes. Ii ony prohibited ea,ery,
| in doing which II foil we'd the Ordinance Of 1877.
| | will now consider the f,urh head which Is: "The
effect OF taking slaves into state or Territory, and 80
holding them where Slavery ID prob bited."
II the principle laid down in the case Of Pdggv V.
The State Of Penns lvania is to be manta osd and
il certainly 10 be maintained until oseuuled as the
the law Of This Court there can se difficulty on this
| point In that case, the Court say " Inc state OF
| Slavery is deemed TO be mere municipal regulation
ur ded upon and limited ~ tho rsogeot 1.-THE Territorial
awe" 1t this be Slavery can exs. no where except
III der the authority OF law found on usage, having
The foice OF law, or by statutory recognition And the
Court further say " IL is manifest from this consider
ation that If the Constitution I'd not contained the
| clause requiring the renoitioI Of fugitiyes from
labor evey non Slavehoding State 10 the Union,
would have been at liberty TO have declared free all
runaway slaves coming within its limits, and TO have
| INen their entire immunity and protecuon Against the
| claims Of their masters"
| Now if slave sbeoonds he may be reclaimed; but
he accompany his master into State or Territory in
which Slavery is prohibited such slave cannot be said
| 10 have left the vice of his master where his
vices egalized Ano il Slavery nited to the
range Ct the Territorial laws, no the slave b.
creed to serve 10 State Territory not only without
The authority Of law but agans. ts express provisions
What gyee the master the power TO conuo the will Of
his slave' The local law, which exits in some form.
But wbere there such law can rho mater control
| the will Of the ave by force Where no Slavery eI-
sts the presumption, without regard to color in ia
vor of freedom. Under such nlsdo'ion, may the
cthrd man be levied on the property of his master
by creditor On the decease Of be tster does tho
| save descend 10 hi heirs property Can the mas-
ter FELL him Any all If those acts may be done
to the save wtere he Is legally held 20 service But
where the law does not GOLFER thus power il cannot DO
| exercised.
Lord Mansfield held that slave brought into Eng.
lsnd free. Lord Stovell agreed sith Lord Mans
field in this respect and that the slave could not be
coerced 10 Eng land; but her voluntary return TO
Antigua, the place Of her slave d)mic her former
statue attached The law Of Eogsnd did not prohibit
| Slavery, but dill not authorize IT, the jurisdiction
which prohibits Slavery much stronger In behalf Of
the within 1t than where it vnly does not author
| ize il.
| BY virtue Of what law Is Il that q master may take
bis slave into free territory and him The du
| ties OF slave1 The Law Of the territory does not
sanction IL. No authority csn be claiued under the
Com tifuion Of the United : aes any law Of Con-
grets. VIII 1t be said that The slave is taken prop
ery, the other property ~h the master may
OWL To this answer that ooloref persons are made
property by the law OF the sac ami such power
| hss been given 10 Consrss. Does tie MISTER carry
With BIN the law Of the Safe from Sh oh no removes
Ito tn. territory1 does that eosbe him b coercs
bis slave IN the territory Let test fhis theory II
nv mast fr m anS