Delaware inquirer. (Wilmington, Del.) 1859-18??, 1859-12-03

some further provision was necessary to attain
the object. He, evidently, supposed that il
might thereafter, upon principle known to
the books, be commended that the repeal of the |
restrictive section, without more, would but
revive the laws of the country whatever these |
were at the date of the enactment of that Sec
ton, and thus revive the agitation which the
majority were so anxious to extinguish forever.
To guard against this, he proposed his proyiso,
declaring tthat nothing herein contained should
be construed to revive or put in force any laws
or regulations, which may have existed prior
to the act of the 9th of March, 1920 either pro-
tecting, establishing, or abolishing slavery"
and it was adopted by vote of thirty-fve to
six. Every Senator from the free States, except
Gov. Dodge, of Wisconsin, voting in the affirm
alive, and but five Senators from the slave
States in the negative, and these were Messrs
Adams and Brown, of Mississippi, johnson and
Sebastian, of Arkansas, and Rusk of Texas.
The purpose of this amendment, its sole pur-
pose, was to submit the very question of do
nestle slavery to the people of the Territory
untrammeled, as domestic institution oftheir
own, which Congress was either without the
power to control. or was resolved not to con-
troll. II was to be theirs, to be disposed of sin
their own way as the same is disposed of by
the people of a State that is to say, it was for
them .'to legislate il into, or exclude it, from,
their Territory All antecedent laws existing
before that of 1920, inconsistent with such
right and power, were, by the proviso, repealed
as. by the original amendment, was repealed
the interfering section of that Act. 1t was es-
| teemed to be not only their true policy, but to
be as Just as it was true, to leave the question
to the Territorial people, and to leave open for
emigration the Territory to every citizen of the
United States, without being subject, in regard
to slavery, or any other domestic institution,
to congressional mastery, but only to that au-
thority which, in the language of Presiden:
Buchanan, in his letter of acceptance, hereaf-
| ter more particularly quoted, is "derived from
the original and pure fountains of Legitimate
poliscal power, the will of the majority 1t
is manifest, that neither the mover of the
amendment, nor any member of either House,
then supposed that the Constitution would
either establish, or cause to exist, or protect,
or prohibt slavery in the Territory, if the local
laws prohibiting or authorizing it, which pre-
vailed Mt the date of the cession to the United
States were revived If such an opinion was
then entertained. the amendment, in its body
as well as the proyiso. would have been merely
idle and nupatory legislation. Since, if that
was the case. the law neither could give nor
take AWAY the constitutional right to move
and hold slaves in the Territory. 1t was, on
the contrary, the design to submit that right
IN the Indictment alone of the Territorial gov.
vernment and. with that object to remove al
possible objection to its exercise, by annulinl
the entire local law regarding it. whatever tina
might he. whether TO be found in the Act o
1870 or in the anteccdent laws of France AM
= Snain.
But if there can be no legislation by the ter
rtory. what law is TO regulate the rights nm,
L IN furnish tho remaa;es9 Arc these to he n
various as are the laws of the several State
trom which tho nronertv WINS takcn? Are tn
: r;,h.s 10 ho1d and d;snose of such mr. any othc
. nronertv. to denend ON such laws? Then, n
! emierant from one State might sell each slay
s;nglo whilst one from another could not Sc
" =. all mr. sell If the sale separated man an
: ,,;s, norort and child In one ease slave
y womb hc liable TO execution for debt in til
,ice t;ma Of tbe owner or to sale at his dealt
! for novmcnt of his debts or distribution, an
~ in ,be other NOT In one they would be sui
loot IN n Indictment lien. in the other not
u A.. .i,;ianon of a siava mother MIGHT Ii,
ie ,o,, 60 hor o,nar in the other NOT. In or
,ha,, ,n;oh, ho frae in the other not. In OF
,rover might he the remedy, in the other nc
" Tn ono ros;storce Nv the slave 10 the own
y MIGHT no nunished with death. in the 9th
;" not In ,he ono the mode Of feedinr. clothir
CT and ,yorLine MIGHT he prescribed. in the 9th
" NO, In tho one co,or MIGHT he presumpti,
g evidenco of Slavery in the other not. In ii
vi ono slaves might he considered MS real estat
Sc % ho d;snosed of durinq life or
- dooth Il, tbo otb.r mt And what is true
y % ,his snec;as Of nronertv is true of ali.
II ,;,o ,.o,, or;o;note in tbe State whence IL cam
10 ~. ~. ro,.,1o,;on Ito Continuance and lis mr.
te ,oo.;on rs, donond unon thc laws of ii
~ :. l. wt,on thar exist in sucb
G. - a,a,,;,;,o,o ,o,,;s,,tive no,yor uures,rc
III ,.. l., ia r,ons,i,r,iar of the Jrnit
w. s,otos -, S,o,e Constitution II is subiect
re MI, ,,,,,a. po;no nrororty "a long os II
r