The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-27

revolution would be more likely to be success
full. Better far for South Carolina to bear all
the ills she can now justly complain Of at the
hands of this government than fly to others she
knows not of.
Her chief complaint is the notification, by
the Northern Personal Liberty bills of part
Of tn constitution which provides for the
restoration Of fugitive slaves Now it does
not appear that she has lost any slaves from
this cause; but if she had it would be very
poor reason for breaking up any government,
because somc of its laws are transgressed or
lefed. There might be good cause for using
force against force in such case, and carry
ing out "the supreme law Of the land" which
the constitution is, but no cause for dissolving
the government II the President should hold
that any such laws are constitutional, and re-
fuse to enforce the rights of the Southern
States, then their constitutionality be easily
tested by the aggrieved party appealing to the
Supreme Court; and if the decision should be
in his favor, the Personal Liberty bills will be
rendered null and void, and the President
will be compelled to carry out the laws of
Congress, and vindicate the rights Of the CON-
plainant The principal article of the repub-
lican creed is that slavery shall not enter the
Territories in future. But the Supreme Court
of the United States has already decided in
favor of the rights of the Southern States as
regards the Territories, and it is not in the
power of Congress or the President to inter-
fere with them unless by changing the consti-
tuition.
South Carolina refers to the Lennon case,
in which the State Of Virginia is plaintiff and
New York defendant, as having been decided
against the right of STAKEHOLDER to visit free
State with his slaves and yet retain them. This
is mistake. The cage is not finally disposed
Of The Court of Appeals in this State has
decided against Virginia, but not 80 the
Supreme Court, to which the case has been
brought by appeal. From some Of the grounds
on which the decision in the bred Scott case
was based, there can be little doubt that the
decision of the New York courts will be re-
versed, and the rights of the stakeholder main
tanned. A STAKEHOLDER cannot settle here and
retain his slaves; but by the common law, which
existed in the time Of the colonies and during
the confederation, and which now exists, 30 far
as 1t has not been repealed by the constitution,
shareholders have perfect right to visit free
States with their slaves without losing them. no
matter what laws such States may enact to the
contrary. Slaves are recognized as property
in the constitution, and by the fifth amendment
it is provided that mo person shall be deprived
of his property without due process of law
and in the section about the rendition of
fugitive slaves, II Is declared that "the
citizens of each State shall be entitled To
all the privileges and immunities of citi-
zens in the several States" SO that a
citizen of South Carolina, being citizen OF
the United States, has as much right to protec-
ton Of his property in slaves when visiting
New York as citizen of New York has to
protection of his property in horses when
visiting South Carolina.
But the Sovereignty Convention of the Pal
metto State assumes that because the anti
slavery party at the North are hostile to its
institutions, and have succeeded in electing the
President on that issue, therefore the whole
North il hostile, and South Carolina ought to
go out of the Union. Now, it is quite true
that the republican party are hostile to slavery;
but IL is equally true that the South has nearly
an equal number of friends at the North, who,
with the votes Of the Southern States, can
always keep abolition in check. Mr.. Lincoln
was not elected by a majority Of the people,
but by a small minority, and If the election
were to take place now, by districts or by a
direct vote Of the people, he could not be
elected Instead Of Southern States, there
fore, going out Of the Union for this, they
ought to exert themselves to prevent its recur-
renee by amending the constitution, 50 as that
the President could only be elected by majo-
rity Of the people. Mr.. Lincoln's election was
accidental and technical, and is chiefly owing
to the divisions and coruptions Of the demo-
cratic party, which, under the leadership Of
Pierce, Douglas and Gushing, and with the
assistance of jefferson Davis and other South
ern leaders, abolished the Missouri Compromise
in 1854, and gave birth TO the republican
party, and which, with the assistance Of the
nre-eaters of South Caroline and other South
ern States, split into pieces at Charleston and
Baltimore in 1860, and gave the victory
to Lincoln and the republicans. II is
not just, therefore. to attribute the present
condition Of things altogether TO the
North, nor even share Of it to the
whole Northern people. For twenty-five years
in this journal we have defended the rights Of
the South; others at the North have done the
same thing; and had the South been true to IL
self, there were always enough of good men
and true at the North 10 protect Southern
rights. At this hour, II the seceding States will
only return to reason, they can find more allies
than they need in the Northern population to
demolish republicanism root and branch, and
in the words Of the preamble to the constitu
ton, establish justice" upon such basis az
that IL cannot be shaken for all time to come
n