The daily union., 1856-12-20

Mr.. PUGH II seems to me- with due respect TO the
senator that nothing gained by that suggestion. The
question what the rights OF the States still to be as
ceaned These gentlemen profess TO be in favor OF the
Union do not call in question their devotion 10 IL but
certainly during the last summer asonshed, and
ashamed, American citizen, 70 hear the
proposition made reported having been made by
the leaders Of their pa mean the present Speaker OF
the House OF be could look forward
compacently the time when the whole OF this Union
rather the domain contained in IT. could be consof-
dated under central military despotsml IL that be the
Union wish none of it But was about to endsavor 10
deduce an proposition from the language OF this
luton and with the permission Of the Senate will state
the propositions which IT TO unavoidable
from IL. I ha
l. IL neither Congress nor territorial legislature nor
any individual association not convention Of
delegates to form State constitution, can 1give le-
Gal existence slavery under the constitution of the
United States Gas here assered) there certainly
be another slaveholding State established 3D.
mitted.
The resolution does not content itself with denial
of power Congress establish slavery but declares
that duty is imposed Congress to prohibit 2is ex-
stence forever in the Territories by virtue of clause Of
the constitution particularly specified That clause tho
fifth amendment) applies 70 the States and tho Terri
tories in equal degree and II imposes duty here
serted in respect TO the Territories impose less
duty in respect TO the States.
That this second resolution intended to have a
larger operation than merely to affirm the power Of Com
gress the Terrtoresto prohibit abolish slavery in
themis evident from the fact that another and separate
resolution the thrd has been devoted TO that subject
Here Ii is: s G ff ts9
power Territories the United States FIR their GOV
ernmen and that In the exercise OF this Poer both the
right and the duty Of Congress to probot in its Territories
those twin relics OF barbsrism poyg and slavery
And the platform expressly invites fresolnton nntb1
the corporation OF those very whom the senator
Maine says 1t repels. Let US hear it;
"That invite the utilization and cooperation Of the men
OF all parties however differing from in other respects
support OF the principles herein declared"
If turn from the platform to the conduct Of hs re
publican party we shall have equal occasion to be aston
shed at the declarations which have been made roaer
stand those senators that the republican oarty M
tentatiousy disavowed all purpose to i.,erfere win,
slavery in the States Why sir there IS no question con-
nected with the instituton Of in the States which
is of more vital concern, engaged larger share of
the deliberations OF lose who framed the constitution
,han an @lecta method for the redeliyery of ngves
nave ore act passed the 9th of April 1856 by
the legislature which has reelected my colleague to this
body the purpose the inevitable effect OF which is OBJ
and defeat the act Of Congress for the redeyery of
fugitive slaves have heard it stated this floor that
similar statute has been passed at time other by
the legislature of Vermont 1t has been passed by the
legislature Of Massachusetts and believe by the iegis-
ature OF Michigan and certainly by the legislature of Wis
consn-bodes which authorized exponents of the
views Of the republican party as the Philadelphia
tion itself
may however be objected thar this ugitiye-sl.ye act
is odious Odous in what PARTICULAR 0dous as you all
know because itredeiyers the fugit to his That
Its odious feature That IL is against which these gen.
tlemen protest. have before resolution presented
by colleague at the last session. from the present repub-
csn legislature Of Ohio instractng him and to
best exeons TO procure the repeal the ear
lest practicable moment not its amendmentno the re-
moya Of any objectionable deaisnot its reconstruction
but its utter and total repeal that this clause Of the con-
stituton shall stand altogether unsupported by any eys
aiion Of the federal government have often before pro-
pounded the questions will PROFOUND II noyprobaby
with better success than bereofoe-w
law will these senators agree TO Why have they never
In the Of all their public career either as members
of this body or as members Of the respective State egis
laturts proposed hill which would suit their oonstruc
| ton OF the constitution Of the United States2
ths persistent refusal in every shape and form, by
merely this neglect Of duty but this positive
attempt TO prohibit and obstruot tiff this be direct
aud papabe assault the relation OF slavery within the
States confess myself unable TO understand the force
Of phrases in the English language What does the con-
sttnton say II is perhaps refreshing in these times
understand what we are required to do The second
ton OF the fourth article OF the constitution provides
ono person held to service labor State under
thereof escaping into another shall In consequence
Of law regulation therein be discharged any
such service or labor but sAaH Be delivered claim Of the
party TO whom such service or labor may be due"
And yet as have said the present legislature Of Ohio
has passed its law armng Its local courts its county cours
judges ofirresFonsble degree its constAbles its sb
with the power and commanding them, under her Nv pen
tes Of fine 10 wrest from the custody Of the marshal of
The United States fugitive slave who may a taken in obe
dienoe TO the law which Congress has assed That this
enactment and every like IL a be declared to be null
and unconstitutional by the saprene Court on 6ual an
peal have not the least ,oubt but meanwhile what win
oe ,e enect ioeoroil the neighboring States OF Ken
tueky and Virgin with the State Of Ohio; give
ensnce " the thousand schemes which have been
on loot 70 interfere with the property OF negbbors
the southern side Of the Ohio those mobs those
controversial and those disputes which have done
thousandfold TO ALLEVIATE the South and the North than
all the controversies which have arisen in respect TO the
\ Territories.
The senator from Maine says that the republicans only
object to the extension Of slavery into Territories
free" The Philadelphia platform contains quail
caiion but declares that slavery h 10 be excluded from
all Territories The platform denies the power of terri
oria legislature, of constitutional convention
when the Territory is the Of admission as State
into the Union, 10 establish otherwise tolerate slavery
The senator from Iinon sfrms that such convention
can establish II and so in sieci the Supreme Court has
repeatedly decided.
The platform oontradots itself for whereas Il declares
that Congress cannot establish but prohibit slavery
in the Territories II slso declares that Congress has ee
clothed with sovereign power them 1.-THE Tertoes)
Il by the constitution.
In fact SIR the right OF Congress 70 ldsa,e upon The
subject OF slavery In the Territories s derived by the
senator from Vermont from this eenoe Of sovereign power
10 Congress. Sovereign poTgf Whence is II derived Z
Not from the constitution Of the United States There s
no such phrase In Ro clause from which any power Of
sovereign power1 Here is old father Blsckstones deGn
/ lion
"Legilsure as was before observed the greatest act
err Wherefore, requisite 10 the very of law
that be made by the supreme power. Sovereignty
legislature indeed convertible terms cannot tub
| sist without the other"
gentlemen merely to declare tbat Oonaress has
power 10 get on foot TO establish, and within the mita
tons OF the constitution control territorial govern
ment have objection TO that but this s The mean
ing The expression sovereign power is used in the
Philadelphia platform imply right hind absolutely
will fpha