The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-10-05

period, might destroy the institution, and
divest those rights of property in slaves
which were sacred under the laws and
constitutions Of their respective States so
long as the Federal Government had no
power to interfere with the subject. -
In like manner the on-slaveholding
States, while they were entirely willing
to provide for the surrender of all fugi-
tive -slaves-as is eonclusively shown by
the unanimous vote of all the States in
Convention for the provision now under
consideration-and to leave each State
perfectly free to hold slaves under its own
laws, and by virtue of its own separate
and exclusive authority, so long as it
pleased. and to abolish it when it chose,
were unwilling to become responsible for
it's existence by incorporating it into the
Constitution as national institution, TO
be protected and regulated, extended and
controlled by Federal authority, regard
less of the wishes of the people, and in
defiance of the local laws of the several
OL6tCo ouu 1CIllbOtlCo. VI GuCo0 OppOe
site reasons the Southern and Northern
States united in giving a unanimous vote
in the Convention for that provision of
the Constitution which recognizes slavery
as local institution in the several States
where it exists, "under the laws thereof"
and provides for the surrender of fugitive
slaves. Gi Tsdsa5s bstaaaaa .Gs7d2il34z2
= It will be observed that the term
4"'State," is used in this provision, as well
as in various other parts of the Constitu-
used by Mr.. Jefferson in his plan for es-
tablishing governments for the new States
in the territory ceded and to be ceded to
the United States, and by Mr.. Madison in
his proposition to confer on Congress
power "to institute temporary govern
ments for the ne,O States arising in the
unappropriated lands of the United
States" to designate the political commu-
mites, Territories as we'll as States, with
in the dominion of the United States
The word Estates" is used in the same
sense in the ordinance of the 18th July,
1881, for the government of the territory
northwest of the River Ohio, which was
passed by the remnant of the Congress of
the Confederation, sitting in New York
while its most emminent members were
at Philadelphia, as delegates to the Fed
eral Convention, aiding in che formation
of the Constitution of the United States
In this sense the word e"Statesn is used
in the clause providing for the rendition
of fugitive slaves, applicable to all politi-
cal communities under the authority OF
the United States. including the Terrific
ries as we'll as the several States of the
Union. Under any other construction
the right of the owner to recover his slave
would be restricted to the States of the
Union, leaving the Territories secure
place Of refuge for all fugitives. The
same remark is applicable to the clause
of the Constitution which provides tha,
"a person charged in any State with
treason, felony, or other crime, who shall
fee from justice, and may be found ir
another State. shall, on the demand of the
executive authority of the State from
which he fed, be delivered up to be re-
moved to the State having Jurisdiction o.
the crime /" Unless the term State, as
used in these provisions of the Constitu.
tion, shHA be construed to include every
distinct political community under tht
Jurisdiction of the United States, and tc
. apply to Territories as well as to th.
States of the Union, the Territories mus
become sanctuary for all the fugitive
from service and justice, for all the felon
aud criminals who shall escape from tn,
several States and seek refuge and i'm
munity in the Territories 5di io s'f-5'' if
If any other illustration were necessary t.
show that the political communities which W
now call Territories (but which. during tn
whole period of the Confederation and tn
formation OF the Constitution, were Away
referred to as Estates" or New States, ar
Recognized as "States,' in some of the provis
ions of the Constitution, they may be founc
in those clauses which declare that srio State
shall enter into any .'treaty, alliance, or con
federation; grant letters Of marque and repri
sal; coin money; emit bills of credit; max
fanything but gold and silver coin tender il
/ payment Of debts; pass any bill of attaindel
lieT posi- Jocto law, OF law imp airing tne OpuSd
tion of, contracts, or grant any title OF no
bility."of gGo'si7o1rFAB ID bua ,yTotFT
It must be borne in mind that in, each Q
these cases where the power is not expressl.
delegated to Congress the prohibition is no
j imposed upon the Federal Government, bu
upon the States.i There was no necessity 70
any such, prohibition upon Congress or tn
Federal Government, for the reason that tn
lomission to delegate any such powers in tn
Constitution was of itself prohibition, an
so declared i'm express terms by the lot
amendment, which declares that "the power
not delegated to the United States by tn
Constitution, nor prohibited by it to the States
are reserved to the States respectively, or t
the people, .iodW HoHBi'JSHi us rs L-5'b''
Hence it. would certainly be competent TO
j the States and Territories to exercise thes
powers but for the prohibition contained il
those provisions Of the Constitution; and in
asmuch as the prohibition only extends to tn
Estates" the people of the eTerritories" ar
still at liberty to exercise them, unless tn
territories are included within the term States
within the meaning Of these provisions of til,
tConstitution of the United States. ish' taD
p 1t only remains toibe shown that the Com
promise Measures eiof, IS 20 and the Kansas
Nebraska Ast Of 1854 ara in perfect harmo
T. u ~ =