The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-28

cial Message to Congress, ''thst slavery
exists in Kansas by virtue Of tho Consti-
tuition of the United States," and that
"Kansas is therefore IT this moment y
much slave State as Georgia or South
Carolina, /" why does it not exist in Penn
sylvania by virtue of the same CoDstif
tuition? ,,
If it be said that Pennsylvania is 8
Sovereign State, and therefore has a ,sight
to regulate the slavery question within
her own limits to suit herself, it must be
borne in mind that the sovereignty Of
Pennsylvania, like that of every other
State, is limited by the Constitution,
which provides that: -. s.,,f,i.i1 =.
'This Constitution, and all laws Of the
United States which shall be made in
pursuance thereof, and all treaties made
or which shall be made, under the author
ity of the United States, shall be the SUI
preme law of the land, and the judges in
every State shall be bound thereby. any.
thing in the Constitution or laws Of any
State to the contrary notwithstanding.Hs
Hence, the Stste Of Pennsylvania, With
her Constitution and laws, and domebtic
institutions. and internal policy, is subor-
dinste to the Constitution Of the United
States, in the same manner, and to the
same extent, as the Territory Of Kan.
sas. The Kansas Nebraska Act says
that the Territory of K.nsss shall eyer.
else legislative power over "all rishtfdl
subjects of legislation consistent with the
Constitution" and that the people Of
said Territory shall be left perfectly free
to form and regulate their domestic In
stitutions in their own way, subject only
to the Constitution of the United States"
The provisions of this Act are believed to
be in entire harmony with tho Constitu-
tion, and under them the people of Kan
sas possess every right, privilege. and
immunity, in respect to their internal poll
ity and domestic relations while the peo.
pie of Pennsylvania can exerer:ise under
} their Constitution and laws. Each is in.
vested with full, complete. and exclusive
powers in this respect, "subjeot only to
3 the Constitution of the United SkateS.M
The question recurs then, IL the Con-
stitution does establish slavery In Kansas
or any other Territory beyond the power
!. of the people to control it by law lew
t can the conclusion be resisted that slavery
: is established in like manner and by the
), same authority 10 all the States of the
i. Union? And if it be the imperative ddty
: of Congress to provide by law for the
t protection of slave property in the Ter.
!, ritories upon the ground that .'slaveTy *.
lists in Kansas" (an6 consequently :, In
- every other Territory. 'by virtue Of ths
n Constitution of the United Ststes" Why
s. is it not also the duty Of Congress, foe
) the same reason, to provide similar pro.
l. lection to slave property in oil the States
e of the Union, when the Legislatures iAil
to furnish such protectionf ssod zss
u Without confessing or ATTEMPTING to
3 avoid the inevitable consequences of their
own doctrine, it's advocates endeasor to
e fortify :heir position by citing the Dsed
~ Scott decision to prove that the CQnsti.
~ tuition recognizes property in slaves =
= that there is no distinction between this
'e and every other description of property
Sc that slave property and every other kind
'e Of property stand on an equal footing
o. that Congress has no more power ovefthe
g. one than over the other-and conseQu10..
l. ly, can not discriminate between them.
M Upon this point the Court says; ID.
"a "Now as we have already said in an
u earlier part Of this opinion, upon . differ.
g ent point, the right of property in q slave
20 is distinctly and expressly affirmed inth,
e. Constitution. + And if the Comet
IN tuition recognizes the right Of pfopert3 o
the master in slave, aud makesI 20 dis
. tinction between that description Of prop
~ erty and other property owned By . citi
zen, NO tribunal acting under the authori
TO ty of the United States, whether it b
~ legislative. executive, or judicial. has
g. right to draw such . distinction, eeden
~ to it the benefit Of the provisions a.
r. guarantees which have been .nroyidsd. 70
70 the protection Of private property sgains
O. the ehcroschments Of the government
And the government in express tefr5s
ch pledged to protect it in all future tim'
OF If the slave escapes from his oscner.s Thi
IN is done in plain worUs--too plsiA % b
c. misapderstood. And no word acaa B
le found in tho. Cons titution which give
~ Congress greater power over slave proE
I'd erty, or which entities property Of that d.
~ scription 20 le ss protectioh than pr6Pert
ne of any 0her desert ption. The onlyf
ne er conferred is the power coupled with th
~ duty of guarding and protecting the owl
is ss '' T Ths l,o.p.r .h,sl,,ul
r made II the FEDERAL Ge1tl|
I'd nit to 81 oro tect ate thoo {;
m pressly provided for in the Const itgtI6
y and defined in clear and explicit lapgual
o. by the CouN "the Cover nment,
te express terms. is pledged to protect
n (slave property in all future timesif th
~ slave escapes from his owner" % 1891 :
- CONCLUDED IN QUA NEXT. IsS
he ~ The New York Courier sad Ia
- Al.