Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1859-05-12
REMOVED.
The FREEMAN Office is removed to the new
FREEMAN BUILDING on State Street.
REMOVED
Harmcry in 1850.

this time. One is claiming that Congress has
the right and power, and should protect slavery
in the Territories another claims that the Ter
ritories themselves Z" should be left perfectly
FREQ to decide upon the question of Slavery
and still another, or what is called the com
promise Democrats, are trying to bring abouta
union of the two wings, upon " non-intcrven.
ton" grounds. What this non intervention
hobby is, is not yet fully Defined 1t is some
thing on paper, being got up to stand on the
line between the North and South, with two
faces-one smiling and winking at the South,
and the other at the North, In order to succeed
in carrying the next Presidential election It
il sort OF agreement among these rogues to
cut off third party, get the spoils, and then to
go into a free fight with only two to share in
stead of three.
How this subject is treated by the " Lions Of
the Party" may be interesting;
Buchanan's new organ, OF rather old one I'M
der IA new name, the Washington Constitution,
which formerly claimed it to be the duty Of
Congress to protect slavery in the Territories,
now holds to
Nonntervontion, by Congress or by Terri
torial Legislatures, either to establish or pro-
hibit slavery within the Territories, and the
protection Of slave property therein, as long as
the territorial condition shall remain, by the
Judiciary under the Constitution Of the United
States
From this we get the meaning of &" non-in-
tervcntion" to be, that neither Congress nor the
people of the Territories themselves shall have
power to prohibit slavery, or establish it, but
that the Supreme Court shall protect it whether
| the people wish or nc.
Tho Washington States disagrecs with this
definition altogether:
awe venture to affirm that doctrine more
inimical to the interests of the South and in
compatible with the obligations of the Consti-
tuition, was never propounded by amy disciple
OF the worst school of Aboitionism.
And declares that the Territories have power
to, and are obliged to guarantee the rights of
the slaveho der, and that slavery cannot 50 to
new Territories without some positive Legisln.
ton for it, as there would be no law giving the
stakeholder power over his Slaves 1t says
" Let US contemplate this doctrine in the
| light of the organs exposition. If neither
Congress nor the local Legislature have author.
ty to enact laws for the protection of slave prop
erty in the Territories, pray where are the guar
antics of Its security In the Judiciary, re-
spends the organ but it being the business of
the courts merely to interpret the sense of ex-
|. listing enactments, and not to promulgate orig
inal legislation, it is plainly mp ,ssble that tho
Judiciary can accord any protection to slave
property beyond the application of laws already
in force. We admit the Constitution rccogni-
yes tn legal existence of slavery in the Terri
tories !: but what does that avail for the stabil-
ity of the institution in the absence of posi-
tive legislation?
The least instructive intellect will at once
perceive that if slavery in the Territories be
without any other guaranty than II bare recos-
milton OF its constitutional existence, it stands
upon an utterly illusory and insecure founda-
ton. The Constitution docs nothing more, can
DO nothing more, than recognize the right. The
Legislative department provides the remedy for
the right. The passive principles Of the or
ganic act must be put in operation by the ac-
tive insrumentalities Of government. The
courts will expound the sense of the Constitu-
ton and allow no legislation In conflict with it.
But to deduce perfect code Of civil and Grim
inal Jurisprudence from the general principles
OF the fundamental compact of government is
quite beyond the power and ingenuity of ju-
dica tribunal. The mere right of recognition
is indeed barren right for slavery, which
wants the positive protection of legal enact
ment. The courts may admit the legitimate
presence of slavery in the Territories under the
Constitution, but for an impeachment of its Sc
surlty, and violation of its guarantees, any der
ogation from its privileges, the government
must supply an adequate remedy in positive leg
islation. The claim of the saveowner to the
quiet enjoyment of his property needs the secu.
rity OF laws against larceny and servile nsub-
ordination.
Apply the principle to the case under consid-
Grafton. The citizen of the South goes to the
Territory with his negroes. The Consultation
recognizes the legal existence of slavery in the
Territories. So far so good. But, suppose
somebody kidnaps his negro Without the
protection of positive Legislation he has no rem
| Guy III tuo WionS IoI INC OUnhltuUlOn lmp0-
ses no penalty on the larceny. Again-suppose
the negro defy the uthority Of the master in
sofar even as to refuse to work at his command
and in his interest, where is the master rem
edy If he undertake to compel the slave by
phylical force, and is resisted successfully.
where Is his protection against this extreme
hardship? The Constitution may recognize his
right to the subsection and labor of the slave ;.
but without u specific remedy by positive legis-
ation for any infractlon or denial of the right
the master is only Knocked with barren and
delusiye privilege.
! We repeat, therefore, that when the organ ex
tends the doctrine Of non-ntervention to de-
NAL of protection for slavery in the Territories.
either by the action of Congress or the local
Legislature, it promulgates most absurd and
mischieyous heresy,-a heresy which is simply
equivalent to renunciatson of all the rights Of
the South in the common domain. To talk of
the protection of the Judiciary" in the alb
sence Of any laws which that Judiciary may put
in execution, is nothing more nor less than an
attempt to impose on the understanding, after
outraging the interests of the Southern people.
For the more complete and satisfactory expli-
cation of the organ 8 mischievous dogma, let us
contemplate it in practical application to exist
ing circumstances The organ denies the right
OF the local government to legisate either for
or against slavery in the Territories. But, New
Mexico has adopted q slave-code, perfect in all
its parts, and TO the minuest detail. This, then,
in tho opinion of the organ is usurpation
of power by the Territorial Legislature, and the