The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-03-17


went, and how il was expended, or charge
those who subscribed and spen, i, with cor.
rEps.oa but why hasn't the Democrat some
thing to say ON the subject, Why can il
fad corruption only in Republican Kansas
Aid Societies, and wsrm sympa,hies only
for pro slavery societies. We trust tina,
hereafter when i, has anything 10 say on
Kansas Aid Societies. il viii spice up is
dissertations BY proper illusions to those
iatended to extend slavery. Perhaps We
may then be able 10 lend it little aid.
ne prsa Scott cass-Nsv csastrastisa u he
Constitution, and IL Legal csasslusaess.
The theory Of NAroLxox that there might,
ia political sense, be blundcs worse than
a crime, ia fully realized 10 the Drsa Scott
case. The Supreme Court seemed 10 feel
tina, II was treading on volcano, and ap-
prosehiag i, with fear aud trembling. II
sought to avoid the alternative presented.
and at last decided ii BY = natural. but not
less absolute blunder. Ifit had been sought
TO destroy the authority Of the court, o. 10
give extremists an excuse for disrsgarding
compacts 10 which conservatives have here
| tofore held them, or TO impair The constitu-
tional rights Of the South, il could not have
been done more efectually. Il was po-
litical question, and had the Court adhered
10 the old compromises no excuse would
have been given to disregard then. aad
the country would have been satis6sd.-
Bot. BY setting up new constructisss Of the
Constitution, they have opeae1 anew the
whole question-they have upturned the
binding obligations Of eompaets bstvess
States, and therefore lsft no constitutional
defence to the system Of slavery outside Of
State authority. There are thousand Of
Anti slavery men in this country ~ho will
rejoice in this decision. II 10 precisely the
issue to which they wish to come. 1t sets
them free for q consistent war Of extermi.
nation. That this 10 the case We will prove,
and if any constitutional lawyer can show
our position to be wrong, We shall be glad
10 hear from him. The Court has decided
that the Ordinance Of 1887 10 under the
Constitution. void. Nov, that Ordinance
wa. enacted BY Congress under the old
confederation OF States. The Congress
being the representatives OF States, and
no, voting BY numbers, but BY States, the
Ordinance was, in fact, a compact befssesn hs
States. II had, therefore, Ill the authority
OF the Constitution. The Constitution was
created BY q compact among the States, and
though 1t went further and Instituted . i
Government. il had no sSthori.y except BY
that compact. We do not say, with M. |
CALnouH, that il was Z mere compact
But, beyond all question, it had no althor.
ity beyond that compact. The Ordnance
and the Constitution, therefore, were de-
rived from the same parties and in the same
way. There source, therefore, was the
same, and they are of equal force.
To this we have the highest negative an.
thority in the Constitution itself. Tha,
ins,rumen. not only contains no repeating
clause Of any &C, before passed, but il con.
fers no power on Congress, Courts, or Exc.
cuiive, disaznui or repeal single act Of
the old confederation. Can any one sup.
pose that the convention intended to over
turn the ordinances, treaties, and public
se,s under the confederation, and yet pro-
s;ded no way By which ii could be done.
The Court. therefore, in repeating the Or
dinace by simple decision, usurped their
authority. But they did more. They
comuit,ed great political blunder.-
his Vii! sppea from tDese i1Ct1.
/ The Theory of theCcnsti:ltion adopt
ed 10 the South, and more particularly BY
Mr.. Caihous's school of politicians is, tina,
the Constitution is mere compact. Hence
they get the idea OF States X gnts, of Null
lifcst!oa, Of the equality OF the States,
which lhey rely upon ~ the bes, defense
0, slavery, and consequently the unconsti.
tntiolaiity OF legislu,ing By Congress over
slavery in The States This may not be
the uusninous view Of Southern ssates-
men, but il is the prevalent, one. In one
sense, as we have said. il 10 correct The
Constitution undoubtedly origiassed snlp,e.
oexdea from compact Of the States.
2. The Supreme Court, in deciding the
Ord,nsnre void, have decided . compsa T.
tso.sn he States co,d
3. They having previously decided that
grant was eont-set. they have nov d. |
cieed that q cos!rsf under Z eompace was
void
4. They have decided, therefore, that
CON pscts and constructs are void when
they come in contact with the rights OF q |
master to hi. slave under State lsws! This |
10 really practical notification. Slavery 10
created by iocsl Laws. The Court decides
tina, these local laws must be upheld aRainss |
3 compact between the States.
5. The corollary and conclusion from
this is, that if the Ordinsne. Of 1887 be
void, then oil compae,s on tue subject of
slavery are void! We say this 10 the inev-
liable conclusion, for there 10 neither Law.
yer nor man OF common sense who will If. /
firm tha, { compac, 10 binding on one party
and no, on the other. If The compact OF
1857 is void when II comes in contact with
the State laws OF Missouri. What compae,
Is binding against the laws Of Ohio creating
ireedomi The fnsl result thsn 10, that II
he principles Sc, up By the Court, - now
'epUrted, are correct. then ali the compacts
lion! slavery are void. The Constitution
ias no higher source OF authority than tbs
Ordnance
The nsn who undertake. to set aside
usages and solemn o.dinan-
:es, Is dangerous TO society His head may
'e gray with yesre, his ONCE yeneYated By
he people, and the laws may threw around
Iis acts the odor OF sane,iiy, but il will
wal nothing against the error OF bis iudr-
nent. Nor will the danger be less when
hat judgment can &c clearly traced to po-
ftical motives These motives will enter
INTO The resulting consequences, and if the
ieeision Of the Supreme Cour, tas re ported
s 10 stand, il will reopen the whole slave
controversy, and be the severest blow yet
given TO slave property in its relation TO
,ther States.
10 conclusion We may add. that the opin.
on pronounced BY Jrsge Nc Lesn Is worthy
" him, ss lawyer, spokesman, and .
nan. IL 10 consohtogy 10 know that the !
adge who pTesices in the Courts of the |
Northwest, has NOT yet bowed the knee TO |
3aai-yet stands on the r.mps,,s Of the |
',sst Ordinance, incorrup.ible by fsvor. end |
'nswerved by fear--Cin. Gazette.
The Capital Question In Minnsso.s