Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1852-09-24

of the Revolution, General Heath, openly de-
cared that, according to his view, Slavery was
sectional, and not national. His language was
pointed. Il apprehend," he says, "that it is not
IN our power TO do anything for or against those
loho are in SiGuery in The Southern StG.eS. No
gentleman within these walls detests every idea
of Slavery more than do; it is generally de-
tested by the people of this Commonwealth
and | ardenly hope that the time will soon come,
when our brethren in the Southern States will
view it as we do, and put stop 10 it; but 10
this we have no right to compel them. Two
questions naturally arise II We ratiIy the Con,
stlution, shall ,re do anything BY our acls 10
hold The blacks in Slarery-er shall tee become
partakers Of other mems sins hink neither
Of Them"
Afterwards, in the first Congress under the
Constitution, on a motion, which was much de-
bated, to introduce into the Impost Bill duty on
the importation of slaves, the same Roger NJ.
Sherman, who in the National Convention had
opposed the idea of property in man, authortive-
ly exposed the true relations of the Constitution
to Slavery. His language was that "the Con-
sttution does not consider these persons as prop
erty; it speaks of them as persons"
Thus distinctly and constantly, from the very
lips of the trainers of the Constitution, we learn
the faIsehood of the recent assumptions in
favor of Slavery and in derogation of Free
dom.
Thirdly. According to a familiar rule of in
depreciation, all laws concerning the same mat
ter, in pGpta naeria, are to be construed togeth-
err. BY the same reason, the grand political acts
Ot the Nation are to be construed together, giving
and receiving light from each other. Earlier
than the Constitution was the Declaration of In
dependence, embodying, in immortal words those
primal truths TO which our country pledged it,
self with its baptsmal VOWS as Nation. 1--WE
hold these truths to be selt-evident,' says the
Nation, ''that all men are created equal, that they
are endowed by their Creator with certain I'M
aienable rights that among them are life, hb-
erty, and the pursuit of happiness; that to Sc
cure these rights, governments are instituted
among men, deriving their just powers from the
cons mt of the governed" But this does not
stand alone. There is a. oher national &C; of
similar import On the successful close of the
Revolution, the Constr utional Congress, in an
ad ! ess to the people, repeated the same lofty
truth. "Letit be remembered" said the Nation
a gain, 'that it has ever been the pride and the
boast of Am RIGA, that the rights TOR ,ohtch she
has commended ,oere the rights Of human uG.ure.-
By the blessing of the Auth )r of these rights,
they have prevailed over all opposition, and FORM
THE BASIS of thirteen independent States. y
Such were the acts of the Nation in its united
capacity Whatever may be the privileges Of
States in their individual capacities, with their
several local Jurisdictions, no power can be az
tributed TO the Nation, in the absence of positive,
unequivocal grant, inconsistent with these two
national declarations. Here, sir is the national
heart, the national soul, the national will, the ma
tional voice, which must inspire our interpre-
taton of the constitution, and enter into and dlt-
fuse itself through all the national legisaon-
Thus again is freedom national.
Fourthly. Beyond these is a principle of the
common law, clear and undsputable, a supreme
rule of Interpretation from which in this case
there can be no appeal In any question under
the Constitution erery rOrd is to be construed in
taror of liberty. This rule, which commends
itself to the natural reason, is sustained by time
honored maxims of our early jurisprudence-
Blackstone apuy expresses it, whcnh he says, that
''the law is always ready TO catch at anything in
favor of Hberty"-(2 Black Com, 9l) The
rule is repeated in various forms. FaroreS am
pli1ndi sunt odia reStringenda Favors are to
be amplified; and hateful things to be restrained
Ler AngtCG EST leo miSericordiP. The law Of
England is q tlaw of mercy. Anglia ,jura in
ornni cGSu Hbertdli ddnt tdrOrPm. The laws of
England in every case shew favor to liberty
And this sentiment breaks forth in natural,
though intense force, in the maxim: ImpiuS et
crudslis jul,candus EST qui hbertati non farot-
He is to be adudged impious and cruel who does
not favor liberty. Reading the Constitution in
the admonition of these rules, again say Free
dom, is national.
FItttly From learned jldge of the Su-
prene Court Of the United States, i'll an opinion
of the court we derive the same lesson. In con-
sldering the question, whether q State can pro-
hbt the importation of slaves as merchandise,
and whether Congress, in the exercise Gifts pow
er 10 regulate commerce among the States, can
interfere with the slavetrade between the States,
a principle has been enuncatcd, which, while
protecting the trade from any intervention of
Congress, declares openly that the Constitution
acts upon no man as property Mr.. Justice Nc
Lean says: "lf slaves are considered in some Of
the States as merchandise that cannot divest them
of the leading and controlling quality of per-
sons, by which they are designated in the Con-
sttution. The character of property is given
them by the local law This law is respected
and all rights under it are protected by the Fed
eral authorities; bat the Constitution acts upon
Slaros as PERSONS, not as property"
"The power over slavery belongs to the States
respectively. 1t is local in its character, and III
its effects" Groves vs.. Slaughter, 10 Peters
r., 507) Here again Slavery is sectional, while
Freedom is national.
Sir, such briefly are the ru es Of Interpretation
which, as applied to the constitution, fill it with
the breath OF freedom,
Driving far off each thing of sin and guilt,
To the history and prevailing sentiments of the
times we may turn for further assurance. In the
spirit of Freedom the Constitution was formed.
In this spirit our Fathers always spoke and act
cd In this spirit the National Government was
first organized under Washington. And here |
recall scene, in itself touchstone of the peri
cd. and an example for US, upon which we may
look with pure national pride, while we learn
anew the relations Of the National Government
to Slavery.
The Revolution had been accomplished The
feeble Government Of the Confederation had
passed away. The Constitution, slowly matu-
red in a National Convention, discussed before
the people, defended by mastery pens, had been
already adopted. The thirteen states stood forth
a nation, wherein was unity without consolida-
ton. and diversity without dscord. The hopes
of all were hanging upon the new order fittings
and the mighty procession Of events. With sig
/ nal unanmity Washington was chosen Presl-
/ dent Leaving his home at Mount Vernon, he
repaired to New York. where the first Congress
had already commenced its session, 10 assume
b;s ,Iaca o. e1ectad chief of the renuhlic IN