The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-01-21


States. The jurisdiction with which they, are
which is defined in the third article of the Con
stitution, but is conferred by Congress, in the
lexecution of those general, powers which that
body possesses over the Territories of the Uni
ted States. Although admiralty jurisdiction
can be exercised in the States in those courts on
ly which are established in pursuance Of the
third article Of the Constitution, the same limi-
tation docs net extend to the territories. In
tlegislatiug Tor them, Congress exercises the com
tbined power Of the General and Of State Gov
ernment.'' .mf
Not that Congress exercises all the powers of
the General anda State Government. oyerssth
Territories. but that, in reference to Admiralty
jurisdction--a jurisdiction exclusively and nm
llmitedly conferred on the United States by the
Constituton-=C Congress when providing Terri
torial courts, employ the conaJtasb power Of the
General and Stats Government. The Supreme
Court, in fact, has never considered the general
question or, at loast, has never deeidedit; butsf
Understand the principles established by that
court in nurnbef0f'decisions, there Gamble no
conclusion except tAatwhch the President has
indicated. Wemust'anderstan first what is
the authority CT eachStato over the relations
ofpersons within its jurisdiction That is adj
mirably expressed in a. case which possesses
some local interest as connected with the State
of kentucky and the State which represent
Irefcr to the case ofsStrader VS.. Graham, (l0
Howard, 93) Itwas Of this nature: Certain
negroes, inusiciansy who were held as slaves in
the State of Kentucky, had been allowed by
their master to frequehtthe State of ohios for
! the ptirpcse giving exhibitions Of their misi-
cal attainmonts;a but always returned, latter
limited period, to, the residence of their master.
Afterwards "a boat navigating the Ohio river be-
tweeniL Louisville and Cincinnati, permitted
those negroes to come ON board, and thus esoa-
ped from servitude, An action was brought for
theirrValue. The court ofappoals in Kentucky
gave Judgment IN favor of the master.a5 The
case was brought hither to the Supreme Court,
upon the proposition that the negroes, having
once been allowed to visit the State OF Ohio,
where slavery did not exist thereby became
free, and could not afterwards bcreduced to sla-
very2 What said.the courts to that BOA "A
| H1Nery State. has an indoubted right to de-
litermine the status or domestic and social condi-
ton Of the persons domiciled within its territory
except in 50 far as the powers Of the States, in
this respect, are restrained, or dutiessaf'e mpo-
sed upon them, by the Constitution of the Uni-
ted States. There is nothing in the, Constitu-
ton of the United States that can in any de-
gree control the law of the Kentucky upon this
subject And the condition of The negroes,
therefore, as tofreedoin or slavery, after their
Ireturn, dopended.altogether upon, the laws Of
that State, and a1SlH not he Influenced by the
laws Ohio. 1t was exclusively in the power
of Kentucky to determine for ITSELF whether
their employment in another State should on
should not mako them free on their-return.' l2l
Now, Sir, let us begin with this proposition,
to wit: each State Of the Union has an absolute
and undoubted right to prescribe the domestic
and social condition of all persons within its
limits. What is the condition Of new State
which presents itself for admission? When
Congress shall have admitted it, confessedly, the
State will be invested with all the rights and
powers of the old States.@ There cannot be two
daor1eess.l of sto+os n tbis 14n;on t. c,nno4 ho
that some States have greater privileges than
others. It must be that, in order to support
the Federal Government, each State, new or
ala hos thoo s.,o ndonhfo5 roht - ,,,,,
~ ~: '0 .sn' ~ i.
the ne domestic ana social condition OF all persons
within its limits. IF such be the attitude of a
State just admitted, with what propriety--by
A,.iu a.
~ ft:H III 'i'N'V n = o''i
gresS require upon the eve OF ADMISSION as q
sovereign constituent of the Union, that a ter
ritorv shall submit to conditions which cannot
bo ;ronosod on Stota9 'a s 'H2'3'!s't'~ 1''7'
~, 80 ~ = - ., s,fs9i ". ,gaj, .t
/ ~ ms MS ponntf pn was son'eWhae considered with
reference to the State OF Alabama; and since it
has been debated 50 much will endeavor to as
certa;n What Vows tbn Snrcma Conrt dosoe dsl on. -
t5l !i-J 12asgl.r5... a ny ss.I.
'ortanh. gu VIII recoilcc' Slr' thaG ine terfl-
tory of Alabama was subjected to II the ordinance
of July Il, 1881 by act of Congress, with an
II the anti. slaver,v , cIansa IT All ohor
.Si. sa} III, ti,, T5ft.ss ~
ployIsionS = ~ ,qifla.s II ~ ttlely q
oSft .STE = TffFtHGE Z ~ Sff ,sfEy3
ana @ .i'S Y Y feta',@0n @ y siHGr NS onY q tne FIX
were 4a eN'0i'leq @ of H., ~ = q0Stos' 'ere
ore alhous ehP caSe W. reIatG" lays 'o w1at H are ca
ea rlpanqln l tltleS @ reaa rom thei 9p'non in
t0aiarqs INA 3! d,s A9sseo V, hIn y aqqb1 y
or. Rflg RafkllIg te ses.sl1.Nv M aGss u te lted
and b' tbe;r deeds Of eession to the Un;tsa Staps
and giving to each separately, and to all, jointly
a fair interpretation we must come TO the con,