New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-05


Of the Common Law, recognized hundred times
over BY our Courts, both Federal and State ana
till very recently never questioned nor doubled ny
any oiy--,bst Slavery is an exceptional institution
contrary to natural right. snd that 1t can only
BY force of positive law; and since they do not ma
among the powers delegated to Congress the power
TO establish Slavery, they deny that Congress has
any power to establish 4, or to deiegute to any Ter
riloral Legislature the POaer to establish H. on
The other hand. the general power OF legislation
over the Territories ve.ted in Congress extends 10
the security and prote ,tion Of all natural rights
under which head the prohibition Of Slavery is "a
much included as the prohibition of Their or tres
pace, both vi ch ale substantially included IN II.
Mr. Wise, however, does not believe in natural
rights, but only in rights Of prescription. Even
he does not care to go 80 tar as TO argue that
American Slavery was right in its inception. He
ia content to maintain that it ia right now. Lsp'e
of time. laws Of centuries hsbitudes of society,
give, 80 he assumes. to Southern Shareholders ss
perfect title to their slaves 10 their oil her goods
and Notwithstanding sound enough In all those
States in which Slavery is established by law, but
which totally fails the moment the master takes
his human chsttel beyond the range of those laws
Forgetting, or winking out of sight this essential
Distinctions distinction fully understood by the
trainers of the Federal Constitution, and in the Fug
tive clause distinctly recOgnzed-Goyernor Wise
insists that slave property in the Territories stands
on precisely the same footing with any other prop
erty and is entitled to the same protection, and
that if the Territorial Legislature fails to give this
protection, Congress is bound itself to nterpose
He is not satisfied to have the stakeholder turned
over for the protection of his rights to the Supreme
Court Of the United States, as has lately been pro-
posed He wants no mere reversal of decisions or
notification Uf enactments unfavorabe to slave
property-he wants positive action in its favor,
and this he insists that in the last resort il is the
duty Of Congress to give.
Nor il it to the Territories merely that this duty
on the part of Congress is limited. 1t must not
only look after the protection of slave property in
the Territories; it must DO the same thing in the
District OF Columbia and in all the places through
out the Union occupied as forts, navy yards. &c,
of which the jurisdiction has been coded to the
United States. Under the Constitution, the right
to hold slaves exists-so Mr. Wise thinks
in all these places and it is the duty of Congress to
uphold and maintain it.
There seems but one thing wanted TO make this
system complete To be logical and consistent,
Gov. Wise ia bound to maintain that Congress
ought never to consent, nay further, that it has 10
constitutional power to consent to the admission of
any new State Of which the Constitution prohibits
Slavery. What becomes Of the Wanted right of
shareholders to 60 with their slaves into all the Ter
ri,ories of the United States and to be protected
there by Congress in holding them if BY the time
they have got comfortably settled, their houses built
and their lands in cultivation, they are liable to be
turned out neck and heels by State Constitution
Would it not be altogether more sensible and rea-
sonable to prevent them coming in at first
If. as Governor Wise argues, the inhabitants and
power whatever, except such as Congress may
delegate to them, and if Congress Possesses no
power to prohibit Slavery to delegate the power
to prohibit it, how does it happen that between
to prohibit Slavery, State Constitution be
formed and put into operation wi. h does actually
prohibit it, BY amending his platform in this par
tcular, Governor Wise can hardly lose anything at
ter us logician, but will recommend himself
still further to the favorable consideration Of the
Charleston Convention.