The Burlington weekly hawk-eye. [volume] (Burlington, Iowa) 1857-1858, 1857-09-30

"a H ~lasesy sxistsA 8 tAet rer,.a "a ~ exi..
's Eans4., aedse q 8 s 6eissd States
ing psas ssl.st 80 =. q e ne sss
un. sas,y ssaes = SSvs go :
~. yseisn sssss seqslrs n ~ n
sasst essaaIsn Mood ssd tssaseft Que ~
X .iisvscs - - sxsasee - ssnss u
the vhs.ever i rrcorrissd Is Se . ths cer
es cohssita'ien, then 4 = Their fight decide the o
= .1s 1smssses, vsethsr fney wi .onsi
scas dses sne crssen S.ss s. 49,. is - 1Si a.
srs.ss4s s -
no. Alehough vs did our utmost 70 defeat MI, r.
~ snsnan, ws cannot but regret that be should !
u far disregurd he course of Nj predecessor
under he own signature TO yihdieate I'LL aes.
ne Chief Magistrate of the country This ID
I'D heretofore been left to the friends and retainer
ii Of the Presidenta & II be shall continue III;
Il course, IS viii have but ttle leisure idr The Bel
= forniance Of his executiye dutfea he may b
D, dastsred With the commence OF some editors d
hs hb letter ana especially with tie high cof,men,
. Of The Hon. Mr. Dickefson, Of New York, il !,
tho letter, for enlarged stasesn,anship and abili
p y. surpassed By no publication 81 our execptiy1
IA since the days Of Jefferson. Fos this serviee
. the Hon. Afr. Dickenson should receive nome
public sppohtnent. which may be desirable n
, Lin. sssI '@as91i'sET #'FF = s -
i We do not like to question tie veracity or 81
d high dignisary as the President, but we would
sugHest that De is wong ia two principal facts.
consiinedi III The above extracts. III Slavery
has no legal existence in Kansas. Cd. The 81.
: prems Court have mot decided that slavery q.
istsin sny territory, Il the option Of ne
who may take and hold his slaves therein. vi
The Supreme Court made no decision IN IL.
Drea Scott case which has the authority az l.w
except that Il had mo- jurisdiction of that cnse'
We are told By swyers. that there i ~ nrinc;.
Ipie of law better estabiiS.cd, than that Hhe. i
court acts without Jurisdiction. its decision Il
nuifity. The Judges, o. . large majority Of
them g indisilaals, have given their views Of
certain political mattefs in regard to slavery ;n
kour territories, adapted % Southern notions
but Il was not { Judicial opinion. =. '.l
l dSuppose pefsons held a. slaves in Kansa.
should sbscona, could the master reclaim thsm
as his slsves, under the Fugitive Slave Law?
The Constitution of the United States does
not authorize such procedure. ssNo person
held to service III labor in one State under Me
fascs thereof escaping into another shall Be ~
leased but shall be given up,n &c. Here Is an
express recognition in the Constitution. that
slavery must exist Id the State from whence |
i the fugitive fed And every one knows. that +
| when fugitive from labor ia claimed nrnof i I
! required that he 6ed from State where. ~ lav
i he owed service - q g
Unpopular as tho Fugitive Slave Law NAV he /
it has some regard to the rights Of the fugitive
Being found in free State be is presumed 20
| be free. And proof that he il q sleye. held IN /
slave State, must be shown. and that he abscond.
ed from his master in such State. before any
Judge or Commissioner of the JIn;ted Sac.
can return him to his mastcr If < cnlnrad nar. |
son, then, absconds from territory which i
free, no person can claim him an a slave There
10 no law under which he is held az 4 Save. ana
therefore, the rights of the claimant arc NOT -.
oognized, under the Constellation.
+ Mr.. Buchanan founds himself ON the decision
Of the Supreme Court. but We have shoxn ~ /,
such decision was given by that court. The
opinion referred to is the opinion OF certain
Judges in . case, in which they Acknowledged
they had NO Jurisdiction and conseonentlv Il i
NO judicial decision. 't5ss i's''
= The assertion OF the Chief Justice. which i
endorsed by Mr. Buchanan, is totally without ,
foundation. There ia not word or sentence IN | /
the Constitution which authorizes il. Il il con.
court in this Union, State or Federal. In the {
vagaries Of Mr. Calhoun il was first asserted. | !
that Shareholder had right to take his slave
With him, rs property, into . territory Of the I
United States, and hold him AZ such. But his
theory was laughed at aud ridicpled. No re.
spectacle lawyer Of the South, We believe, sus- q
tained SO absurd principle. 8, -asE.ys,.- a
Is Mr.. Buchanan considers the federal govern \
nent as partnership, and that territory Of Il
common property
every citizen, and that STAKEHOLDER may take
bis slaves there as his property. And 90 conf- o
dent is he Of this principle that he is astonshed
j. was ever doubted.
1t must DO . source of modification 30 the Z
friends Of Mr. Buchanan, that he has given this Ii
evidence of his statesmanship. He seems not to ii
understand the nature OF the government be has o
undertaken TO administer. The territories be- e
long to the Sovereignty of the Union, and not e
- ekn vV,Hs svsI Il L. Al
ty. As we'll might an individual claim the right q
to enter into the Treasury of the United States N
and claim part of the public money, a. the Il
common property OF the Union as on the same 4,
ground to appropriate to his individual use, any o
portion Of territory of the United States Ii
There is now law of the United States to pun. .,
sh any individual by indictment or civil action, n
for entering upon the lands of United States o,
and cutting timber, DC. And the President il
70 use the public force to remove
Erespassers from the public lands, when ncces. fr
'ary. aee 81 ~ ~ PES k5 10
The common property Of the Union ia not the
,ommon property Of the citizens of the Union FL
Put it is held by the government to be appropri.
tied a. 1t shall think it, under the constitution, in
or the general welfare. Squatter sovereignty, St
rhich has been recently introduced into our G
Iystem, is Al anomaly. It is not only unknown is
o the sovereignty, but il is in direct conflict 81
''sn ~. Auu We nave tuo Oeautfee ana HlgD nj
moral ehecto this new Constitution exempli- ol
led in the territories Of Utah aud Kansas But bt
wen these territories were organized under an th
'ct OF Congress. 81
In the case OF Prigg versus the State Of Penn Of
ylvania, chief Justice Tancy declared " the hi
'tate OF Slavery 10 deemed to be mere muni- nj
.pdt regulation, founded upon and limited to 81
he range OF the territorial laws" But now the hi
,nief justice says, and Mr. Buchanan is his en- .
ior.er. that Slavery may be taken into free ht
erstory, under the protection OF the constitu- to
ION OF the United States.-Nothing can do
injustice to the principles Of the const
ution than tn's. NJ Madison, in the conven- :. -
ION which ADOPTED the constitution, expressed !. a.
'reAt so.c'!ooe tnat no WORD or sentence should -
'e used IN It that conveyed the idea there could =
20 property IN man. And Ar. Madison was !.
iAsenolder But, IN national capacity, he de- - -
ired the fedefai eovsrnment should be kept :, =
rom m tne osgtace OF sancaon'ng slavery. =,