The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-07-16

old WING.
The Cincinnati Enquirer introduces the fol-
lowing article by saying it eminates from the
pen of one of the ablest lawyers in that city
and one who has always acted with and been
attacked to the Wing party. If we are not
mistaken in the signature it comes also from
one of the most exemplary men in the city
The Enquirer says; "the writer is no political
asprant, and mingles but little in the strife of
parties but he is a patriot, citizen of the high
est repute and an able constitutional lawyer
and jurist. The views Of such man are enti-
tied to the careful perusal ofall citizens who de-
sire to be aided in the examination and deter
mination of the political issuss now before the
people" The article, as the reader will dis
cover, is most clearly, concisely and closely
written, such an article as only could come from
the pen of an able lawyer. We give it entire
as we find it in the Enquirer.
THE ISSUE.
It is we'll to understand the exact issue raised
in the approaching Presidential election upon
the subject of slavery; and ifit be possible learn
the principle involved in that issue, so that we
may act wisely and vote honestly topromote the
great ends for which government is established.
l do not propose to be prolix or occupy much
of any mans time in the presentation of this
issue 1t is enough to show what it is, and leave
every man to take this side or that side as it
seems to him best.
France in 1908 ceded to the United States
under the name of Louisiana, the territory with
in the present boundaries ofNebraska and Kan
sas Whether slavery existed in Louisiana at
the time, and came protected by deed Of ces-
sion into the United States, can by history be
easily asccrtained; but to the present issue, be
the fact in one way or the other, it is of no con
sequence whatever. But to avoid all cavil, and
as an anti-slavery advocate, admit that slavery
did by deed ofcession to the United States come
protected with Louisiana into the United States.
I cannot be asked to admit more, and it is need
less to admit less. We must, to make the pre-
sent issue clear, understand exactly upon what
it is made, and for the sake of brevity l shall
conccde what can easily be established and adj
mits of no dispute. We start, then, with the
broad basis that by the cession of Louisiana sla-
very came into the United States, just as it ex
listed and was protected in Louisiana by the
laws of the territory at that time.
After the ccssion, the territory ceded became
; from the necessity Of the case, subject to thu
legislatian of the United States under the prin-
ciples of tho Federal Constitution. This pos
tulate cannot be successfully contested by an.
thinker, and | take as an axiom in the admins
tration Of our Government In the exercise O
this power Congress, by the act of 9Th March
1920, to authorize the people of the Missour
Territory to form Constitution and STATE
Government and for the admission Of sucl
State into the Union, &C., by the eight section
Of that act declare and enact as rule of actor
that in all the territory ceded by France to th,
United States under the name of Louisiana
which lies north CT thirty-six degrees thirt,
minutes north latitude, not included within the
limits of the State contemplated by that act
: slavery and involuntary servitude, otherwis
than in the punishment of crimes, whereof th
parties shall have been duly convicted shall b.
and was thereby forever prohibited. By thi
act enacted within the competency of Congress
slavery was prohibited from the time it tool
effect within the ceded territory north of thirty
six degrees thirty minutes north latitude, an,
, remains prohibited until restored by some othe
rule of action or statute of equal obligation.
If we admit slavery in this Territory cam
, to us by the deed of cession, it passed from u
by the act of March 6, 1920 and the questio
now arises, has it been restored by any subse
quent enactment.
The Act of Congress of May 80, 1854, to OF
ganize the Territories of Kansas and Nebraska
provides that the Constitution and all the law
Y of the United States which are not locally ii
q applicable shall have the same force and effec
t In the SAID Territories Of Kansas and Nebrask
l as else where in the United States, except tn
eighth section of the above act of March G, 6,182(
which is thereby declared to be imperative an
= void, it being the true intent and meaning
. this act not to legslate slavery into any Terrific
ry or State, nor exclude it therefrom, but t
leave the people thereof perfectly free to- forr
and regulate their domestic institutions in thei
,, own way subject only to the Constitution of th
" United States; but nothing in said act CONTAIN
: ed shall be construed to revive or put in fore
any law or regulation which may have existe
: prior to the said act Of March 8, 1920 cithe
+ protecting, establishing prohibiting or abolish
e ing Slavery.
). This is the only act of Congress bearing upo
this subject, and it is too clear to admit
doubt, it does not revivs any law or regulatio
} upon the subject of slavery that was prohibitc
y by the act of March 8, 1920. docs not repei
A so much of the act Of March 6, 1920, as prob
It bits slavery north of 36 degrees 80 minute
north latitude, but modifies it so as to leave th
r people of the Territory perfectly free to forr
r and regulate their domestic institutions in the
% own way subject only to the, Constitution
d the United States
y The Missouri Compromise act is not then rt
Ipealed or annulled. 1t is modified so as to Sc
i cure to the people Of Nebraska and Kansas til
+" right to make their own laws, subject only t
n the Constitution Of tho United States
n Slavery, by an act Of Congress pasaed thirt
d years ago, was prohibited to the people Of Kar
sas and Nebraska. BY the act Of May 80, 1855
s this prohibition has been withdrawn, and tn
o people left to act for themselves under the Cor
2 stitution Of the United States without this prt
= j Hza.yN (. . : . q