New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-11

"
and the enactment of slave code, Territorial
slave code if it can be had, or failing that Con-
gressonal slave code.
II will not do for Mr.. Breckenridge to glorify his
party as the party of 80 inexorable logic" till he
and they fret throw overheard the Cincinnati Plat
form, and along with it any affected squeamish-
ness us to Congressional Intervention for the estab-
lisbment of Slavery, and the enactment of Con-
Rressional slave code. To the enjoyment Of slave
property in the Territories, and that not only in
defect of but in spite of Territorial legislation
which is the claim put forward BY Mr.. Breckin-
ridge and his party-both the one and the
other-both Congressional intervention for
the establishment of Slavery, and
Congressional slave code are absolutely essential.
That this is SO can easily be shown from the prnci-
rdes which he himself lays down. Thus, he asserts
that nothing less than sovereignty can destroy or
impair the rights of persons or property" Ac-
cordng to this doctrine, the laws of Virginia may
80 for impair the rights of certain persons as to
reduce them so long az they continue under the
Jurisdiction of Virginia to the condition Of slavery.
But carry those persons beyond that Jurisdiction and
the laws of Virginia lose this force. Some new
act of sovereignty must intervene-some act on the
part of the new sovereign under whose jurisdiction
they have come-to destroy or impair their rights
as persons, in order that they may continue to be
held in the condition Of slaves. We entirely agree
with Mr.. Breckenridge that "the Territorial Gov.
" ernments are subordinate and temporary, and
not sovereign, whence logical y follows, on Mr.
Breckinridges own principles, the doctrine of the
Republican party that the Territorial Legislatures
have no power to destroy or impair the rights of
persons by the establishment Of Slavery. The true
sovereign power over the Territories is undoubt-
eddy, as Mr.. Breckenridge contends, in the Govern
ment of the United States. If, then, the rights Of
persons are SO far to be impaired in the Territories
as TO authorize the holding of slaves it can only be
by the action of Congress in establishing Slavery,
and either itself enacting slave code, or, if such
power can be deputed authorizing the Territorial
Legislature to do SO.
Regarding Slavery in the light in which it is seen
by the Republican party-as moral, social, polit-
ica and economical evil-it would be impossible
to consent to that action on the part of Congress
thus demanded by Mr.. Breckenridge and hi, party
for the introduction of Slavery into the Territories
But thereare other obstacles still in the way. The
sovereignty of Congress, though complete so far as
il goes, limited to the powers specially conferred
by the Federal Constitution. Granting, for the
sake of the argument, that the establishment of
Slavery is one of the legitimate exercises of sover
egn authority, it is power of so transcendent
character that surely Congress ought not to assume
the exercise of it, unless it has been clearly aud
distinctly conferred. Can Mr.. Breckenridge point
us to any clause 10 the Constitution of the United
States which gives to Congress any such power (!
He asserts, indeed, recognition by the Consttu-
ton of the United States of property in the SER
vices of negro slaves; But the most that can be
pretended upon this point is, that Congress recog-
nzes as valid within the States enaeting them the
laws under which certain persons are held in
Slavery. To assume that these laws or any claims
of property based upon them extend into the Ter
ritories, Is to assume that as to this matter Of
Slavery the States have power of legislation eI-
terror to their own limits. 1t would be just as rea
sonable to contend that because New-York has
abolished Slavery, therefore Slavery cannot exist
in any Of the Territories, as to set up that because
Virginia recognizes Slavery, therefore it must be
lawful in the Territories.