New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-11
THE QUESTION IN THE TERRITORIES.
THE PRESIDENCY.

for there are slaves in law establishing or
regulating il has been passed by Congress nor by any
Territorial Legislature 10 which Congress has dele
gated the power; and the act of Mexico being in
conflict with tie decree of Mexico aboshng Slavery,
il for that reason void.
In this state of the case your Republicans insist on
declaring the right and duty of Congress 10 interdct
Slavery by law, in platform, and to make the enact
ment of such law cardinal point of policy in the
canvass Of 1860.
Others who see in such policy end of every
hope of union with the Southern Opposition, and
strung improbability of uniting the Northern Opposition
in Pennsylvania NewJerey and Indiana for the cleo
ten of President in 1860 think that the election of
President by the Opposition holding the views of Mr..
CLAY on that question, and in character above the ne
cessy OF pledges platforms insures everything that
il necessary 10 satisfy reasonable permanently to
arrest tie Slave propaganda.
To obtain security by Legislative restriction, the Re-
pubicans must elect clear majority of both House and
Senate and the President and hold them long enough
to change the Supreme Court. The Republicans must
flint get a clear majority of the whole House of Repre-
sentaves-not merely an opposition majority against
the Democrats, but Republican majority against both
the Northern Democrats and the whole body of the
vote from the slaveholding States and that Republic
can majority must be radical than any seen
in the House of Representatives.
They must also have like majority in the Senate,
where the Free States lose their numerical advantage
and where any two Free States in Democratic hands
prevent the possibility OF sueces
They must at the same time have the President, for
Democratic President would veto any bill excluding
Slavery from all the Territories.
They must after all those unprecedented conditions,
STILL in addition either reorganze the Supreme Court,
or hold all that power long enough 10 change by APP
pointments not Democratic. This is plainly so for,
as now constituted, as hereafter filled by any Dem
ocrat, any law OF Congress restricting Slavery VIII be
This cannot be avoided by districting the country
and assigning to the Free States number OF Judges
proportonod to their populations for any Democratic
President can find discarded tiLecomptontese enough
fill the bench from every District for full gener-
alton.
Neither can this lie avoided by any law, for the APP
pontment of the Judges must remain in the Presi-
dents hand according To the Constitution.
But if such reorganization were attempted, 1t
would 20 rouse or brighten the tmd conservative
men almost inevitably TO restore the Democrats t.
power.
The Republicans, then to restrict Slavery by law,
must have every department OF the Government, and
hold them long enough TO reOrganze the supreme
Court and still hold power to prevent their work be-
ing undone.
House Of Representatives. The Republicans have no
majority at alnot with the eight Anti-Lecomp-
ton men--for any such purpose.
In the Senate they in great minority and the
President is against them
IL there any prospect of their within this gen.
GRAFTON holding such power under the condition above
named.
No prudent man can say there Isl and If not, then
the attempt to adopt restrictive law s wholly futile.
No matter how much men may wish It, the thing II,
humanity speaking, impossible.
But on the other hand the election of President in
1860 of ITSELF sences and arrests the Slave propa-
ganda if be be elected by combination Of the Oppo-
sition in a manner 30 free az TO insure permanent
union of the Republican and American voters in the
Northern and Southern States
We say the President alone il sufficient, and without
him everything else is perfectly worthless.
With the President adverse majority in Congress
Ii Powerless; r.;., r,,ona
removes them at bis pleasure, well AS the United
States Attorneys and the Marshals, who summon the
Juries and the Governors of the Territories; aad
these constitute the Territorial Governments in fact
The President appoints the Judges OF the Supreme
Court; and between and the end OF the next
Term majority Of those Judges now ON the Bench
muet in the Of nature be substituted BY otsers
The bred Scott case is Democratic case, decided by
Democratic Judges resting Democratic party polt-
cal views of the Constitution and laws and inspired by
Democratic preudices and sentiments. II would have
been rendered BY no Judge whom either Harrison or
TAYLOR or Fillmore would have appointed IL would
have been rendered by any Democratic Judge APP
Now, the old Wing view of the relation Of Slavery
to the Territories this: that il existed only by
virtue of the positive law of the land which II was
10 be enforced; that If forbidden by Con-
gress or if neither forbidden nor sanctioned Dy Con-
gress il did not exist and If Congress- haS no power
over the subject al all then that OF Itsei mace All the
Territories necessarily and forever free I'll they both
become States and adopted Slavery. ,
Now suppose sueh man all the Opposition could
unite on-a man holding Mr. Clays views, and honest
enough 10 trust wiihou. the ds,racting pledge OF
platform. =,
He will name Judges for the Territories holding like
constitutional views with himself
Mr. CLAY e. e. thought the Mexican laws excluded
Slavery; and judge 50 thinking would declare the
law Of New Mexico any other establishing or regu
laiing Slavery, void.
The United States Attorneys and Msrshals would De
Instructed institute no prosecutions ana 70 eniooe no
laws of that character. ,.
In civil suts masters would have remedy against
his slave for be could institute no suit against him;
the uarsba aud his deputies would not iend the pup
lie force TO secure her authority over slave rou-
tary carried into the Territory no Indictment would
be preferred for any rescue OF such Save ana Irs
negro were not interfered with by the people, would
he merely question between the claimants power 70
guard and bis power to go on
ueut might be brought TO the Supreme Court.
In such case the Supreme Court, constituted
or q. constituted by any Democrat, viii decide for IN
master But AZ constituted by any President elected
by the Opposition the decision would necessarily D.
against HIN.
Three new appointments viii change the complexion
of the court there are than three very old men
whose places must be filed By the next administration
and that will determine the complexion Of the Court
for the next generation, in al probability, made by
a Democrat. zx.u
Now to accomplish rehersal Of the bred scott foty
10 pledge il needed platform, nothing but fIes-
dent holding Mr. Clay's views. judges appointed ny
snch Precedent win instantly repudiae thai ridiculous
forage Of bad history, worse law, and Democ<ane
partissnship.