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


however, W have the countenance OF tls SI)-snS
Cont Of the United States and canGor reqGr. as "a
a saI Una, the opinion Of the msort, Of . Co1n
does sanction tie claim Bot IL must be rem 49,
that decision Of this point was no, ne,..,r, -
sOndicaton OF the case, and that therefore the nj
thus pronounced is not entitled 10 full sutbor;7 even
as a precedent for the determination of fntgrs 80.
And it may he remembered aso that 20 ~ - -,
and most et rned Judges tbs bench Sss "a ss
the Judgment Of the majority and in this .,-", tbsv
are sustained By the concUIrerce Of manv ~ ~ -
enlightened lawyers in the couatry. y u'"
But must Insist that on a question Of "a; .-..,
Judgment Of neither courts or LAWYERS In n h. 80
10 the common understanding Of the psople 100
man can read the Con stitution-every man
the debates Of the franrTs Of the Constitution :, ~
self and confess do not how any nan - "a
either and come TO the conclusion that pr5ory in
slaves is anywhere recognized in that ia.ra nent
Certainly Mr.. Madison did not think 90 for 20 ~
cIared expressly that IL was wong 70 afm 10 tha
Constitution the idea that there could be propsrtyi
men," Certainly Mr.. Randolph did not IN ,k 20 n,
it YVES upon his motion thst in the CLAUSE r.aipg "a
representation the word service wac subs,q,d n,
servitude, upon the express ground that the ar a.
scribed the condition Of slavee, wns the f,r@srer
pre- ssed the obligation Of free persons Not oblg se
recognition but there careful avoida Of rec
ogDition Of property in man. Whenever I'D gher.
slaves referred 10 in the Const.tu % they
always Ell ioi ed al persons, never as 'op.f.y
II ia only in modern times that the theory in-
sisted on by the supporters OF Mr.. Brecknr Ire, has
1Is y
and was promptly condemned by all the o. 2sg great
ststesmen Of the couotry and by e. ohat-
cally than by Henry Clay. It fouod es Initial,
however 10 the scheme Of slsvery exte = ~ aud
sowly made its way 10 the general acceptsn. hosa
who tecame the partiZaDs Of that scheme.
Can it be accepted az the set'lement wn'h is do.
manded Is not clear thst instead Of ter vi ing t
perpetuates agitation How is the coDtTo 10y 70
cease when the extension Of slavery is maze 10 baz.
pess Of the Government? How lie excitemsLi 20 ba
ssy ed when every ee the land is N sds d'ecty
responsible for he slavery which The common consi-
tuition uphods, and the common legislature required
10 gusrd Does not every see that slive~y thus
completely nat onazed, becomes the concern ~ every
citizen That the conscientious convictions ne scon-
omc views, and the s'cal sentiments Of eve! voAr,
become at once Involved in the contsstl
Clearly here is no settlement, but the revsr Even
if Mr. Breckinridpe could be elected bii p.,forrn
no peace on the Slavery question coold foloF. IL ia
impossible to convince q msIority OF the Anerican
people that Slavery Is blessing and bene6; and it
is impossible to pertuade them to acquesce perm anent
ly in direct responsibility for system whic' ley ara
persuaded is an Djustce aud an evil.
Tbe instructive sagacy Of the people te -ch them
that the settlement they DEERE is not 10 be 70 md ths
direction; and therefore il lie that notwithstanding ths
crest popularity with which ancestral desert aud per-
sona merit has surrounded his name, only mesger
minority Of electoral sarages can be exposed for Mr..
Breckenridge.
Whittier then shall We look The supporters OF
Measrs Bell and Everett propose no plan Of settlement
whatever In their platform they ignore toe very ex.
selves for the Union, the Constitution aud the enforce
ment of the Laws; but all parties do the zane They
might az well declare themselves for roas, beef sweet
potatoes and sound DIGESTION Everybody, think,
could approve that platform. There is DO hing which
erapples with any existing question daisfy. They
Irop nothing different from other parties candf.
dates and these certainly reflect credit on sup
pcrtes. know and honor Mr. Bell and Mr.. Everett,
and would not if could detract Grain fro-' hat Just
repue for patriotism, integrity and ability VIII ID con-
sue their honorable title TO the confidence and espect
Of their countrymen. lApplause. Bat re difficulty
with respected citizens and the political aniza-
ton which supports them, is that they do no, set the
want of the times. They have no Response ior the
great question of the day and therefore, me peopla
cannot accept their leadership or ntrust TO their keep.
ing in the hour of peril the reDs of toe G)vera uent
What, then, do the friends of Mr.. Doug pop se
They claim to esent pls0 entirely adsqua 10 g. q
emergency-a perfect and complete solution Of ques.
tiop They insist that the doctrine of Non IL eryen-
ton and Popular Sovereignty will ans the impose,
and they refer us b the Kansas Nebraska bill fuu
exposition Of that doctrine. Looking to that bill then.
what do we find First, an act of Cong es for thu
government of the Territory; secondly, arcange-
ment for the appointment Of the Governor. judges.
and various other Territorial officers by the Presidents
and finally provision for the revision of all decisions
of the Territorial Courts by the Federal Judiciary
And this act told f,ws the precedent Of JEFF
erson in the Ordinance of 1884 which s referred 70 az
authority for the principle claimed TO be the basis Of the
bill.
Let us look to this ordinance Of Jefferson. II Ger.
tainy does great honor 10 the comprehensive aud far.
seeing saeacity Of that Mustrious man. IL vas pre-
pared and proposed a. q critical moment. Tlrouoh
the cessions of Virgins, New-York Mas ichuse.ts
and other States Congress had quired for the psople
of the United States the territory North of the
Ohio and it was well understood that further csssiona
of territory were to be made by North Ca DINA and
Georgia. The duty of providing for the crsstion of
States out of this territory devolyed on Congress- and
the plan of Jefferson embodied his ideas OF ire proper
mode OF executing this trust. He had Cherished the
idea OF lnauguramg the nineteenth century by cub
lime act Of embarrassment on the part vi ginis.
He had drafted Constitution for his native STATE
which he proposed 70 submit to Convention pected
to be called, one OF the provisions Of which declared
that after the year 1900 Slavery should not exis. u
Virginia. This provision would, of course have pro.
hibtd Slavery in Kentucky, then part OF Virginia
But public sentiment ripe for such step.
The Convention was not called, and the Constitution
was not proposed
Then Mr.. Jefferson transferred his purpose TO tie
Western Territory, and in the plan 70 whiah have
Just REFEREED he incorporated provision, that after
1900 Slavery should not be permitted in any territory
ceded TO, or TO be coded TO the United States. Under
the articles of confederation, it required the sssent of
majority of all the States to pass any propos IN into
law II 30 happened that only nine States were then
represented in the Congress The Jesrson;an propo-
son received the votes of ak of these States and of
sixteen Of the twenty delegates present in Con-
gress. Seven were necessary. One was ~auting.
Two States were divided In one the vote OF Mr. JET.
ferson overcome by that of his two colleagues
single vote In either Of these States would nave de-
ded the controversy for the prohibition and The CUES.
ton OF Slavery in the Territories would have been put
at rest forever.
Without this prohibition, however the Jefsrsou
plan might now serve the purpose of settling tha
Slavery question for under il that question would be-
referrd in good faith TO the people, IL provided for
the division of all territory ceded 10 be ced-d into
districts Of suitable limits for States. 1t Authorized
the people in each division to meet in Convention and
adopt the Constitution and laws OF some one Of the
original States for their government. The laws so
adopted might serward be changed at pleasure by the