The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-03-01

II must be Obvious 70 the mind Of every lawyer
that if the decision Of The Supreme Court is to be
taken the binding exposition Of the law, auy such
legislation BIZ the Territories as Mr. Douglas invites
would be unconstitutional and void aud viii be 80
pronounced by the Supreme Conrt. territorial leg
slatre cannot exclude slavery by direct legislation,
and indirect legislation having that object and ten
deucy viii be equally unconstitutional aud void, &C
cording wellsetted rules of construction twill be
asked why does Mr. Douglas by his course, suggest
such legislation TO the Territories unless he intends
to put himself at the head Of free-soi party with
the object of adopting, by territorial legislation,
Wllmot Proviso TO exclude slavery2
The effect of such cnaciments would only be
TO renew agitation; for their validity would be
overrulcd by the judiciary the organic acts,
which adopt the common law and ebancery ju-
risdietions, having so left IL, with the right OF
appeal to the Supreme Court of the United States.
That il should be left to that disposition was part
of the settlement Of 1850 and the provision of the
Kansas act of 85A.
We see no necessity of disturbing the country
with fresh agitation on this question:. 1t will
be time enough TO renew the agitation when
itSlhittiNC bHal cAfiuuc sidNSiy3
that act shall be pronounced valid by the SUI
preme Court Of the United States, the court having
already said t,at such Legislation would be uncon
stutopal and void II is not necessary for present
safety of that species of property in the Territories
as the civil aud common law both afford abundant
remedies, in their nature much more ample than any
that would be likely 70 be extended by The legisla
ton of Congress the Territories II is not the
policy Of the South 10 ask for any affirmative action
by Congress. II was sufficiently provided by the
organic acts The right being established, the courts
must apply the ordinary remedies. 1t is shown by
several Of Englsfadudged cases that roverand other
remedies were mciently maintained in England
for the recovery of slaves prior to the case Of
SOMERSET, decided III It'll. But that case and
all others admit that by positive regulations as well
as by the customary law, the ordinary remedies for
the recovery of slaves obtained III America.
| Lord Stowell in the case decided in 1927 of the
slave Grace, says that previous TO the case of Som
ersett +" The personal traffic in slaves resident in
England had been public aud authorized in
London as in any of our Hes India islands. They
were sold on the exchange and ether places Of public
resort, by parties themselves, resident in London,
and with as little reserve as they would have been
in any of our West India possessions. Such state
of things continued without impeachment from a
very early period up 10 nearly the end Of the last
century, In the same case he observes, :" that an-
cicn custom is generally recognised just ounda-
! ton Of all law that villanage of both kinds, which
is said by to be the prototype Of slavery had
no other origin than ancient customs; that great
part of the common law itself in all its relations has
little other foundation than the same customs; and
that the practice Of slavery, it exists in Antigua,
and several other of colonies, though regulated
| by law has been in many instances founded upon a
similar authority
II does not admit Of doubt, that in all the colonies
i the ordinary common law remedies in for
the recovery Of slaves. This appears sufficiently
from the argument Of Iargrve III the Somerset case
and from the opinion of Lord Stowell, above cited
/ Ii is manifested beyond doubt by all the colonial
legislation and especially by tliat of the New Eng
land colonies Law of Freedom and Bondage, chap
ter g. However unlawful in England, at any time,
there is not judicial doubt record that it might
be lawful in the English colones its lawfulness in
America is expressly asserted by Holt aud Mansfield
in the cases already cited h. p 224
An examination of the subject viii show that the
common law rcmclesa are ample and slight reflection
will satisfy that it is safer for the South TO trust to
| them as well as unwise to admit ineihcicncy
by asking for further legislation. And there is no
principle Of constitutional law better settled in ibis
country than that it is not III The power of Legislation
to destroy private rights by denying deprivng
| the citizen of all remedy.
|
| FINANCIAL DISEASES AND RFMEDIES--DEFI-