True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-02-04


the right Of trial by jury, the right of ha,
beas corpus, the right of freedom Of
speech and freedom Of the press. and the
right Of personal security. Are not such
denials of right subversive of The ConsIi-
ution, and violative of its spirit! Let
him say no, who can, or who dare. Now,
if this repeating power is in Congress, as
the President very clearly admits. and il
these territorial acts be needful to sup.
port slavery, and Congress may repeal
them, what becomes of slavery there !!
And if Congress has this power over the
Territories, when dees it cease OF ne
cessity, under the Presidents own show
ing, not while the territoriel organization
lasts.' When does that terminate Only
at the pleasure and by the consent Of
Congress.
| have shown that the legislative, exe-
cutive, and judicial departments of the
Government have recognized in the most
solemn manner, the principle, that the
Territories are under the absolute control
of the National Government. that by
congressional enactment slavery may be
excluded therefrom. and that new States
can only be formed in the Territories
subject to such conditions as Congress
may prescribe. The affirmance of this
power, under the Constitution, by the
greatest names Of the Republic, officially
expressed in all its departments, has been
stamped into the adament of the past,
there to remain forever.
Under these sanctions l repeat my
proposition, that slavery maybe excluded
7 by this Government from it's Territories
that such restriction is constitutional.
and may be rightfully asserted as a con-
dtion precedent, upon the institution Of
new States, and their admission into the
Union.
1t results from this legislation of Con.
gress that neither Ohio, Indiana, Illinois
Michigan, Iowa, nor Wisconsin, may
lawfully legalize slavery therein, without
a violation of pIighIed faith. of the ex.
press terms Of their several enabling and
organic acts, and Of the plainest princ-
pies Of the Constitution. They have
each so declared BY their fundamental
law; they each complied with ".he stat
ute restriction :" they each prohibited sla-
very /; and that the essential principles of
liberty might be nnalterablv establish
ed," they each declared by their consti-
tuition that all men are born equally free
and independent. and have the natural
and inherent rights of enjoying and de-
Tending life and liberty, and of acquiring,
possessing, and defending property, and
that these rights are inalienable. They
understood tho statute restriction of Con.
gress binding and obligatory upon them
as Sthtes, and hence their literal compli.
ance with its requirement. They under
stood the sublime conception Of the great
fathers of the Republic, that the slavery
prohibition was perpetual and unaltora-
Jie that the word forever, as used in the
ordinance, and incorporated in their sew
eral organic and enabling acts, meant moi
merely until their Sla,e constitutions
should be formed, but SO long as the
States thus organized should live. Ye:
sir, liberty forever to all the inhabitants, ;
was declared by these congressional en-
actments, and by the constitutions of these
new SIatss, TO be the essential condition
of their exisience-their very breath ol
life. And to day, over all that vast tract
of country, covered by those six free
States, comes the stirring kiudling proc
lamation, /" liberty to all the inhabitant:
lorever-ay, forever, until empires ant
nations perish, ill the heavens be nc
more, and The earth and sea give up their
dead | would not willingly surrender
a power which has worked such benef
,ent results.
There is bu! one mode Of escape from
The conclusion that this " statute restric-
ton upon the institution of new State;
may and should be imposed by Congress
and that is 10 repudiate altogether the
sovereignty of the General Government
over the Territories-to deny that the
Territories are the property Of the Uni
ted States, and assert, on the contrary
in the words of Mr.. Calhoun, whom. the
President undertakes to follow, but witt
unequal STEP" that the Territories be.
long, not to the United States, but 10 th'
several &dteS-lhat ain the States
, severaly, reside the dominion and sover-
eighty over them" (Calhoun's Works,
r vol. 4, p. 1917 That was the only posi-
tion by which that great man could make
! plausible his objection 10 the slavery inhi
biIion by Congress. He held that ,ht
Territories were the common property o
| the several States, held jointly for lhei
common use, and therefore he claimec
that it was unjust and unequal that "any
portion Of the. partners outnumberinl
another portion should ousl them Of ihi
; common property Of theirs" or proscrib'
them from emigrating tbither with lhei
slave property. He did not question ,ht
power Of Congress 10 govern the Terri
] tories, as the trustee of the States. ant
for their benefit, but denied that under
the Constitution slavery could be prohib
, tied therein. II the States are tenants il
common in the Telritolies-if they b
E the partners in this property-how cal
one portion Of these partners outnumbe
4 another portion and Oust them2 Surel,
0 not by legislation, for they do not legis
late as States over the Territories. How
. then By entering the Territory, an
) ousting their copartners by force, or b,
acts Of usurpatiOn. That, sir, has bee
done already, not by the non-slayeholdin
| partners and that is the inevitable resul