Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-06-11
letter from Senator farh.

CiNotNNATf, June 4th, 1909.
DRAR Sra, Your letter Of the 30th ult.
eaused mo considerable astonshmenL did
not suppose il possible for any man, friend
or foe 10 entertain the least doubt in regard
TO my views Of Territorial organization.
Bat since you have been 90 kind ne 10 In,
form me that some doubt does exist and in
the minds Of our political friends, | will
make one more effort to define those views
in clear distinct language, granting you full
permission 10 publish what shall write if
you are thus disposed.
| agree 10 90 much Of the second resolu-
ton adopted by the Democratic Convention
Of Butler county. on the 2lst ult, as aiirms
people OF an organized Territory have the
same power to exclude or establish the rela'
ton OF slavery as the people OF q State have
but this power Of exclusion, az well In the
case Of States a. Of Territories, is subject TO
tloo limitations expressed in the Federal
Constitution.
/. That persons held to service or labor
in other States or Territories, under the
laws thereof" cannot by mere flight, secure
to themselves any advantage which they had
not in the place whence they fed
2. That right TO the service or labor Of
a slave, once recognized by tho laws OF
State or Territory, cannot bo Invested or
otherwise impaired without compensation.
The act Of exclusion, therefore, must be
prospective.
II is my opinion, Furthermore, that Con-
grees has no constitutional authority 10 in
terfero with the laws Of the States, or Of tho
Territories, on the subject of slavery, except
in tho particulars have specified. Never,
theless, it remains for tho Judiciary, in all
-. Al, hos al 81
by state or a Territory, contravenes the
Constitution of the United States; that re-
suits, invariably, from the nature Of our
government II the Judiciary should be Of
my opinion, whenever case shall arise in
regard TO the power Of Territorial Legis
lature over the subject Of slavery, should
expect those Of different opinions to acqui-
esce, and 80, if the Judiciary should decide
| for them, | would ncquiesee in that decision,
until reversed, without any reference to any
individual opinion or sentiments The man
who declares that he will observe only such
laws or decisions as please him, and not
those which he disapproves, thereby renouni
ces all obedience and loyalty as citizen.
If bad been consulted in regard to the
resolution which you specify, should have
IN lde no other criticism than that its last
sentence is open to some degree of misap-
prehension. We may well enough act With
those in our own State and elsewhere, who
believe that the people Of Territory can
only decide upon the question Of slavery
when about ~ form state government, but
upon the express condition that they will at
tempt no interference, THROUGH CON0REss
, while the Territorial organization exists. -
That is the real point OF controversy anc
that was determined by the Cincinnati plat
form as well as by the Kanzas Nebraska
bill Give us the doctrine of NoS-iNTER
vRNTIoS as there proclaimed, and Popular
Sovereignty becomes, at once, an established
} and indisputable fact.
! This, substantially, is what l said in tn,
Senate, on the 23d Of February last and /
there be anything which does not perfectly
accord with this, in the platform of ou
State Convention, l am altogether uncon
scious Of the difference, and altogether Ger
tain that no difference was intended
have not made the question OF " Con
gressional slaves code prominent, thus faT
in any Of my speeches, because we are all
| in Ohio, upon the same side of that question
have once debated it, and will debate
again, if necessary, with gentlemen Of diff
ierent opinions but when | see the leader
of the Republican party (so called) at wor
r here, to-day, in our own midst, to pull dow
g the very pillars of the Constitution and pre-
cipitate us into the abyss of disunion an
anarchy, l prefer dealing with them face I
8 face, rather than attacking their allies i
It Louisiana, Mississippi, or South Carolina.
u am, sir,
Very respectfully,
Your ob't servant
@ G, L. PUGH.
v NJ n. MAGINNIs, ESQ,