Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1854-03-11
SALEM, coLUMBIANA COUNTY ONO SATURDAY MARCH

Slavery, receive n nomination Tor the Presidency
from either of the old political parties. Nor could
John Jay, our first Chief Justice, and great exem-
plar Of judicial vrtue-who hated Slavery as he
loved iustice--bo admitted TO resume those duties
with which his name on earth is indissolubly ass0-
ciuted. To such extent has our Government de-
parted from the ancient ways
These facts prepare us to comprehend the true
character of the change with regard to the Terri
tories In 1850 all the existing national domain
was promptly and unanimously dedicated 10 Free
dom, without opposition or criticism. The inter-
dict Of Slavery then covered every inch Of soil
belonging 70 the National Government. Louis-
ana, an immense region beyond the bounds Of the
original States was subsequently acquired and.
in 1920, after a vehement struggle, which shook
the whole land, discomfttcd Freedom was COM
PEELED, by dividing line, to Il partition with
Slavery. This arrangement, which, in its very
terms, was exclusively applicable to particular
territory acquired from France, has been accepted
as final down to the present session of Congress
but now, sir, here in 1854, Freedom is suddenly
summoned TO surrender even her hard-won moety.
Here are three stages ut the FIRST oil is consecra
ted to Freedom at the second, only half while al
the third ali is 10 be opened to Slavery. Thus
is the original policy Of the Government absolutely
reversed. Slavery, which, at the beginning was a
sectional institution, with no foothold anywhere on
the national territory is n " exalted as national
Institution, and all our broad domain is threatened
by its blighting influence.
nus luCl IOT Nnht nave 10 say NJ lnlS tllhe' VI
the original policy, consecrated by the lives, opn-
ions and acts Of our Fathers. Summoning to my
side the majestic form Of these civil heroes, whose
hrmness in council was only cqualledby the hrmness
Of Washington in war, might leave the cause in
their care. But certain reasons are adduced for
the proposed departure from their great example,
and, though these seem of little validity yet
would not pass them in silence.
The Prohibition Of Slavery in the Territories is
assailed, as beyond the power OF Congress, and
an Infringement of the local sovereignty. On this
account 1t is, at this late day, pronounced uncon-
stitutUnal. Now without considering minute.
the sources from which the power of Congress
over the national domain is deryed-whether from
the express grant in the Constitution to make rules
and regulations for the government Of the Terri
tory, or from the power necessarily implied to
govern territory acquired by conquest or purchases
it seems to me impossible to deny its existence,
without nyalidating alarge portion Of the legisla
tion OF the country, from the adoption Of the Con-
stitution down to the present day. The powe.
was asserted before the Constitution. 1t was no
denied or prohibited by the Constitution itself. ]
has been exercised from the first existence Of th
Government, and has been exercised by the three
departments-the Executive the Legislative, and
the Judicial. Precedents Of every kind are thick
in its support. Indeed, the very bill now before
assumes control of the territory clearly inconsist-
ent with those principles of sovereignty, which are
said to be violated by Constitutional prohibition
of Slavery.
Here are provisions, determining the main fea
lures in the Governmont--the distribution OF pow
ers in the Executive, the Legislative, and Judicial
departments, and the manner in which they shall
be respectively notwithstanding to the Pres.
dent, with the consent of the Senate, the appoint
OF the governor, the ecretary and the judges, ana
to the people the election Of the legislature-or-
daining the qualifications of voters, the salaries Of
the public officers, and the daily compensation of
the members of the legislature. Surely, if Con
Interference with the rights of territorial sover-
eighty, it is absurd to say that it may not also
prohibit Slavery.
But there is in the very bill an express prohibi-
ton on the Territory borrowed from the Ordi-
nance of 1887, and repeated in every act organiz-
ing Territory, or even new State, down to tie
present time wherein il is expressly declared, that
mo tax shall be imposed upon the property Of
the United States" Now, here is n clear and un-
questionable restraint upon the sovereignty Of
Territories and States. The public lands OF the
United States, situated within an organized Ter
ritory or State cannot be regarded the iHstylt-
nlents and means necessary and proper to execute
the sovereign powers Of the nation, like fort6ca-
tions, arsenals, and navyyards. They are strictly
in the nature of prrdte property Of the nation, and
as SUCH unless exempted by the foregoing proh-
bition, would clearly he within the field of local
taxation, liable like the lands of other proprietors
to all customary burdens ana incidents. Mr.. jus
tice Woodbury. has declared in a wolconsiderod
Judgment, that
| "Whcrc the United States own land situated
within the limits of particular States, and over
which they have occasion Of jurisdiction, for Oh
iccts either special or general little doubt exists
that the rights and remedies in relation to II are
usually the same apply TO other landholders
within the States. ."-LHited States VS.. JtoodJmJ
and MiHo p. 7G.
assume, then, that without this prohibition
these lands would be subject to taxation Does nnA
one question this? Nobody The conclusion ther
follows, that by this prohibition you propose to de
lpriye the present Territory, rs you have deprived
other Tcrrtories-ay, and States-of an esscntia
portion tf its Sovereignty.
The Supreme Court of the United States hav
given great prominence to the sovereign right o
taxation in the States. In the of Providence
Bank rs. Pitiman, Peters, 5l4 they declare
"That tho taxing power is Of vital importance
that IL is essential 10 the eristence Of government
that the REIMBURSEMENT of such power 10 never Il
be assumed !;
And again, in the case Of Dobbns rs. Commits
sioners Of Eric County 10 Peters, Az, they say;
Taxation is a sacred right, essential 10 tie ernst
ence of 0opcrnment-dn incident If sovereignty
The right of legislation is coextensiye with the IN
cident to attach it upon all persons and property
within the jurisdiction Of the State"
Now, call upon Senators to remark that this
sacred right said to be essential to the very exist
onoe Of Government, is abridged in the bill nov
before us.
For myself, do not doubt the power of Con
oress to fasten this restriction upon the Territory
and afterwards upon the State as has been alwayi
done; but am at a loss TO see what grounC
this can be placed which will not also support th'
prohibition of slavery. The former is al unques
tionable infringement Of sovereignty as declared
by our Supreme Court, far more than can be as
serted Of the latter.
/ am unwilling to admit, sir, that the prohihi
ton of Slavery in the Territories is, in any jus
T sense, an Infringement Of the local sovereignty
Slavery is an infringement Of the mmuable law o
nature, and rs such, cannot bo considered a natu
raj incident to any sovereignty, especially in
country which has solemnly declared, in its Dcela
ration Of independence, tho inalienabe right Of al
men to life, liberty and the pursuit Of happiness
In IN ago of civilization, and in land Of right
ell Ia .olaratad in fact hnf Trn