Columbus Democrat., 1849-08-18


in, not as right but as compromise, until th
North refused all compromise, and forced III
South TO stand on its rights, where it should havr
stood from the first.
The next assertion, that slavery is local in it
+ character; that it must he enacted by law. an,
cannot be carried an inch beyond the limits 0
the State, that enacted it, is equally unmantain
able. 1t lis clear that in making it, he ntende,
TO affirm, that IN these respects property in slave.
stands on very different ground from every othel
description Ofproperty.
deny the fact and maintain that there is nc
distinction between it and ether property in thai
respect. 1t no more requires 10 be enacted by
law, or, 10 express il more specifically, to have
positive enactment for It's origin, than property
in land or any thing else. The relation of mas.
ter and slave was one of the first and NEST uni,
Yersal forms in which properly existed Ii is SO
ancient, that there is no record of lis origin Il
is probably more ancient than separate and dis.
tinct property in lands, and quite as easily de.
Tended on abstract principles. So lar from be.
ing created by positive enactment, know Of no
instance, in which il ever was, or TO express il
more accurately, in which il had its origin in
acts of legislatures. lit is always older than the
laws which undertake TO regulate it and such
is the case with slavery, as il exists with u.s.
/ They were for the most part slaves in Africa,
I they were bought IA slaves, and held as slaves,
long before any enactment made slaves. ! ev-
en- doubt whether there is single State in the
South, that even enacted them TO be slaves
There ale hundreds of acts that recognize and
regulate them as such but none, apprehend,
hat un1 rita In Ia IN ella
aad slaves are constantly regarded as pree1ist.
ing relations.
Nor is it any more local in its character than
any other property. The laws Of all countries,
in reference 10 every thing including property of
every kind, are local, and cannot 20 an inch be.
yond the limits to which the authority of the
country extends. In case Of property of every
description, if il passes beyond the authority
of the country where it is, into another, where
the same description Of things are regarded as
property, il continues TO be so there, but becomes
subject to the laws and regulations of the place
in reference 10 such property But ifit be pro
hbted as property, in the country Into which
il passes, it ceases 10 be so, unless it has been
forced in, under circumstances which placed il
under the protection OF international laws Thus,
one and the same principle apply in th. respect
10 all property in things animate or inanimate
and rational or irrational. There can be no ex
ception as property every where and of every
kind, is subject to the control OF the authority OF
the country Thus far, hold, that there can be
no reasonable doubt.
Nor can there be any, that the same principle
applies between the several States in our system
OF government. Slaves or any other property
carried into State where il is also property con.
TIMES still to be but il into one, where it i.
prohibited, ii ceases to be property. This is ad
mitted by ALL that the general government can.
not ovorrule the laws OF State, as to what shall
or shall not be property within the limits Of It's
authority. The only question then is, what is the
power OF the general government where its au.
thority extends beyond the limits of the authority
of the Safes, regarded in their separate and in
dyidual character or TO make it more specific,
can it determine what shall, or shall not be prop
erty in the territories, or wherever else its au.
thority extends, beyond that OF the States sepa-
ratcly or to nuke it still more so, can il estab. |
lsh slavery in the territories can enact a law
providing that any negro or mUa,to found in the |
territories Of the United States shall be slave
and be liable TO be seized, and treated as such
by whoever may choose TO do so :! According |
TO Col. Bentons doctrine that Congress NAV
legislate as il peases, upon the subject of slavery
in The territories, it would have the power, but |
doubt whether there is another individual, who |
would agree with him. But, if il has not the !
power TO establish slavery IN the the territories,
how can il have the power 10 abolish III The ono
is the counterpart OF The other, and where is the
provision olthe constitution to be !ound which au /
lhorizes the one and i3rbids the other?
The same question may be propounded as to /
public and private vessels belonging to the Uni.
ted States and theig citizens on the hiah seas
for the principle which applies 10 the territories
equally applies to them, and 10 all places TO which /
the authority the general government extends, !
beyond the States regarded separately.
II is, indeed great misconception Of the char.
acter and object of the general government to |
suppose that it has the power either to establish |
or abolish slavery, or any other property, where
its authority extends beyond the limits Of the
State regarded individually. Its authority is
but the united and joint authority of the
several States, conferred upon it by con
stituIion, adopted on mutual agreement, but by
the separate act Of each State, in like man.
ner in every respect, as each adopted its own
separate constitution, with the single exception,
that one was adopted without, and the other on
mutual agreement Of all the States. 1t is then,
in fact, the constitution Of each State, as much /
as its own separate constitution, and is only the
constitution ofall the States because it is that Of
each. As the constitution made the general gov.
ernment, that too is, in like manner, as much
the government Of each State as its own sepa.
rate government. and only the government of
all, because It is the government Of each. So
likewise are its laws, and for the same reason.
lis authority, then, is but the united and common
authority of the seseral states, delegated by each
to be exercised for the mutual benefit Of Teach and
all, and for the greater security Of the rights and
interests Of each and all. It was for that pur-
pose the States united in federal union, and
adopted common constitution and government
With the same view, they conferred upon the
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