The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-11-25

TIE OBSERVATION-DISCLOSURES
We are surprised TO learn that the plc-slaver
men are urging with some effect, that any con
ceivable system of emancipation, will interior
with rights, secured to them by the Constitution
Of the United States They contend that slave
are property, secured to them by the Constitu
ton, and that under its guarantees their slave
cannot be taken away, nor their value even in
cidertally impaired, without compensation; that
tie Constitution OF the United States, being tn,
paramount law Of the land, any Constitution
which the people of Kentucky may adopt, provi
ding for the prospective liberation of slaves, vii
be null and void.
This opinion and argument are based upon
total misconcepticn of the frame of our govern
ment and of the guarantees of the Constitution
The powers ceded to the National Government
We're intended to be exercised for national pur
poses, and the limitations upon legislative powel
contained in the Constitution, unless otherwise
expressly specified, were intended as limitations
upon the exercise Of power by the National Gov
eminent.
The Constitution of e.United States, it is
true, declares that "pri'ate property shall not bt
taken for public use without just compensation, y
but thus Is NO limitation upon the legislative pow
ers Of Kentucky, or any other State In the case
of Barren against the Mayor of Baltimore, TO
ported in 9TH Peters, page 44s. it was decided
by the Supreme Court OF the U. S., that the pro
vision above referred, to and which win be found
among the amendments to the Constitution, i:
intended solely as limitation on the exercise O
Dwer by the government Of the United States
and Is not applicable b, the legislation of the
States. This decsion has been followed in man,
cases and its correctness has never been, 30 fal
as we know, controwsrted. Nay, more--tht
suPsome Count have in many cases held ina,
there is nothing in the Constitution of the Uni.
ted States which prohibits the State Legislatures
from making any disposition whatever of proper
y within their respective jtlrisdiction--in short
that there is nothing in the Constitution of the
United States which prohibits the Legislature Of
Kentucky from taking tie property of A. and Civ.
ing tito b. Thepropeny OF the citizens of Ken.
lucky Is guaranteed 10 tliem-not by the Consti.
tuition of the United States. but by that of Ken.
lucky. tits the Constitution of Kentucky only;
WHICH inhibits the Legislature of Kentucky from
taking private property without compensation
II Is that Constitution only, which inhbits, if il
is anywhere inhibited, --interferenc withvested
rights.
kwould be atiributing to the pro. slavery men
degree Of ignorance which we are unwilling
here to imPute, to suppose they mean, that as
slaves are property, guaranteed to them by the
present Constitution Of Kentucky, their security
cannot be impaired by any Constitution which
the Psopie Of Kentucky may choose to adopt.
The limitations contained in the present Con.
sfitiilon are simply limitations upon the leeis-
iasive power Of the present government, and are
not and couh not be, limitations upon the SOW.
ereign power of the people. in Convention as
sembled- Slave, or other property, is no more
secured by the present Constitution than any
other right or privilege which any of us Is citi-
zens Of Kentucky, ENJOY. II is no more So
cured than the right of the citizen, twenty.oue
years old, to vote. or the right Of the Judge or
Clerk to his Office and salary. To argue that
the present Constitution cannot be altered. 80
as to modify existing rights. Is to argue that Il
be altered at all.
The powers Of the people, when in Conven-
lion assembled, for the purpose of forming
Constitution, are necessarily unlimiisd--they
are adequate to the adoption Of any form Of