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

this nature, already dead letter in law,
was IN terms repealed by the last Con.
gress In clause Of the act organizing
the Territories of Kansas and Nebraska,
that repeal was made the occasion
of widespread and dangerous agita.
ton"
Here is the assertion, plsinly expires.
sed, that the several States have coequal
domestic legislative power, and thai
Congress cannot prohibit slavery in the
Territories, because such restriction.
if allowed and enforced, would be pro.
hibition upon " the action Of the States, "
and " change law of domestic relation
within the States" Are the several
States, "by force of the Constitution" p"
''coequal in domestic legislative power 2
And does that coequal legislative power
extend 10 the Territories
We have already seen that the six
north western States were not coequal
with the original States in domestic legis-
lative power that they were only per-
mitted to form constitutions and 10 come
into the Union upon the condition that
slavery, =" the domestic relation" Of some
of the other States, should be foreuer ex-
cluded from their territories that to-day
those six States are in the Union upon
that condition, and cannot establish
the domesticinstitution of slavery therein,
Does this alledged coequal domestic
Legislative power Of the several States "
extend to the Territories! The Presi-
dent manifestly so concluds; else how
could tlleterrit6rial prohibition of slavery,
if enforced, affect ." the action of the
Siates," or change law Of domestic
relation therein? II the several States
have this coequal power over the domes-
tic institutions of the Territories, no ne
cessity exists for local legislation there to
protect The domestic relation of chalel
slavery. The law Of Georgia, in that
case, would follow the slave property of
its citizen thItber and make it property
there, and, for aughl can see, the penal
laws of Georgia would also operate there
for The protection Of that property.
Bnt it is useless 10 dwell upon prop
osition so monstrous and absurd, it has
no sanction in the Constitution or in rea-
SON. "The extra-terriloral legislative
power of every State is limited to its own
citizens and Subjects" That is the de.
cision of the Supreme Court, in the great
ease of Worcester Us the State of Georgia,
Is Peters.) A perminanl change of DOM
icile determines citizenship.
l conclude therefore, that the Terri.
tories are not under the dominion and
sovereignty Of the States seUeraly; that
the exclusive dominion and sovereignty
over them is in the United States, and
can be exercized only BY congressional
enactment; and that new States within
the Territories can only be formed by
and with the consent Of the National
Government. The people of the Terri.
tories may form State constitution, but
unless it be approved by Congress, no
State is organized; ; the constitution So
formed is anullity; and the inhabitants
remain subject to congressional legisla'
tion. They can never become a State
but pursuant to such conditions as the
national will may impose, and that will
is limited by nothing but the Consttu
ton. The Constitution is based upon
the equality of the human race. In the
words Of Washington, "Itis completely
free in its principles. A State formed
under the Constitution, and persuant to
its spirit, must rest upon this great prin'
ciple Of equality. lis prime object must
be 10 protect each human being within
its jurisdiction in the free and full enjoy
ment of his natural rights. Mere politi
cal or conventional rights are subject tc
the control of the majority; but the
rights Of human nature belong to eacl
member of the Safe, and cannot be for
feited but by crime.
1t necessarily follows that neither slave
statutes nor slave constitutions can bt
made valid and operative within The Ter.
ritories, without the sanction and appro
val express or implied, Of Congress. The
President himself comedies this the
past legislation and the cotemporaneous
construction and history of the Consttu
ton prove it. Disguise it as you may
the question which shakes the Union to
day, is not whether Congress may gov
FERN the Territories, hut HOW Congress:
may govern them ! The question is
whether Congress shall govern the Terri
tories in the spirit Of The Constitution
and impose such "statute restrictions
upon the institution of new States thereir
as will require the people thereof to con
form their local institutions to the Con
stitution, and base them upon The broat
American, republican principle of abso
iute equality; or whether by the sane
tion of congressional enactment BY fore
of congressional law, the people Of III,
Territories shall be perfectly free" Il
organize their local governments upon th'
narrow, plossriptive, unequal principl
of ABSOLUTE DEsPorIsM! The question
is, whether, by your law, people within
the Territories shall be enabled to estab
lish Slavery therein. irrespective OF race,
sex, age, color. or condition The ques
tion is, whether, in the organization ant
admission Of new States, the arm of in
dustry--thai arm in which slumbers th'
nations strength and the nations security
shall be fettered,
You may calllke State which enslave
and sells its own children, and manacle
the hand which feeds and clothes an
shelters it, republican /; but truth, an,
history, and Gods eternal justice, vii