Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1860-10-04

The assumption which I have reGarrod .
is, that slavery is essential to the eouaI
enjoyment OF the public domain. Now
the public domain exists as well in tbe
States as in the Territories, and everr act
OF congress In relation to its sale and s,t-
tiement is equal ly in force and wherever an
acre OF the public land is TO be fonnd
1here Is not one statute on this snbiect
wnlch does not operate as fully in Ohio as
In oregon. If, therefore, the Constitution
OF the United States, gives to the slave
holder the right TO take his peculiar pro-
perty to the public domain, how happens
1t that the public domain is closed to him
the moment State Constitution is formed,
and slavery excluded by it? Does the
Constitution of State oyerru!e and over
ride that of the United States Such is
not the reading of the general Constitution
which declares its own supremacy upon all
matters committed to it over the constitu-
tions OF the States. Either, therefore, this
claim OF the expansive power of slavery
over the public domain is unfounded or
slaves may be taken to Ohio, and to anv
other OF the new States where anv portion
OF the public lands is yet unsold. I leave
the choice of the dilemma to the commen.
tator of the Enquirer
In the first place, | have maintained the
same views time and again, and the writer,
If he did not know it, ought to have known
1t before he thus assailed me. But this
touching only his moral duty is of little
Importance when compared with the as
sertlon that it has been heretofore main
tanned only by the most crazy Of the aboli-
ton fanatics Has the writer lived in
such an atmosphere Of political darkness
that he does not know that this doctrine
has been maintained by some Of the ablest
and most accomplished jurists in the coun-
try North and South that it was main
tanned by the Supreme Court of the United
States in the we'll known case Of Prinp
against the Commonwealth ofPennsylvania,
when, among other points, it was solemnly
ruled that the state of slavery is deemed
to be mere municipal regulation, founded
upon, and limited by, the range Of the ter
ritorial laws
The same doctrine has been maintained
by Judicial decisions in Pennsylvania, in
Kentucky, in Ohio, in Louisiana, in Miss
lsSippi, IN Missouri, and have seen it sta
TED, IN other States. The Louisiana court
pronounced that the relation of owner and
slave IS, III the States ofthe Union in which
1t has a legal existence. the creature of
municipal law The Mississippi court
thus confirmed the same doctrine s"The
right OF the master exists not by the force
OF the law Of nature or nations, hut BY vir-
tue only Of positive law; slavery is con-
dcmned by reason and the law ofnature
1t exists, and can only exist, through mu-
nclpal regulations Slavery SAYS the
Kentucky court, exists only by positive
law of "a municipal character, without foun-
datlon in the law of nature, or the unwrit-
ten and common law The state of slavery,
thus decides the Pennsylvania court, is
deemed to be mere municipal regulation,
founded upon, and limited by, the range of
the territorial law
| find these extracts in the papers of the
day with references to Martins Louisiana
Reports, to Walkers Mississippi Reports,
and to Peters Pennsylvania Digest, and |
presume they are correct
Judge Mclean thus announces his ad-
heslon to the doctrine: Without the sane
ton Of law slavery can no more exist in
Territory than man can breathe without
air, Slaves are not property where they
are not made such by municipal law. Mr.
Clay maintained it, saying in the Senate
You cannot put your finger on the part
Of the Constitution which conveys the right
or power to carry slaves from one of the
States of the Union to any Territory of the
United States and Mr. Webster, it is we'll
known, concurred in this view Mr. Har-
ris, of Mississippi, will hardly be visited by
the denunciations Of the Enquirer, and yet
have referred to that of Mr.. franklin
| will not pile Pelion upon Ossa by multi
plying these references l am weary Of
this perversity of intellect-closely allied
to mental hallucination or to moral ohliqui- !
(which boldly proclaims the expansive
power of slavery, with law and without law,
and rebukes me as an abolitionist because
hold on to the true creed; founded in rea-
son, hallowed by time, and fortified by the
judicial decisions Of our highest tribunals.
Fosters Antecedents.
Our readers will bear us witness that in