American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-06-09

JUN b. GhEdOh1. oi Seloto County'
se.. For School Commissioner. ~
ANSON SMYTH, Of Lucas County.
Is there an absolute Property in Slaves!
Dges fhe Constitution carry slavery
into the TeTIitoTies.
Less than three years ago. Democrats
North aad South published az The cardinal
PFineiplsO Of their political faith, the doc.
trins Of non .;nssrvs1doa. Failing to make
this new dOgmt subservs their purpose
assured BY experience that majority Of
the citizens OF the United States aud ofthe
Territories were opposed 10 slavery as
domestic institution. Bdohsnsn with the
whole Southern Dem ,orhsy, have changed
the burden ofthsir song. The South seems
now united 10 its demands for slave
code. and those who were then anxious
that the people Of the Territories should be
left free to frame their domestic institu-
tious in their own way, are now as anxious
thStslAEery should be fixed upon them at
ell hsszsrds.
The cardinal points Of this new political
dogma are, that there isAn absolute prep.
erty -is slsveS; that the constitution Of the
United States not only recognizes and pro-
tscts that iistilution where it existed at
the time Of lie adoption. but that it csrries
Il into the Territories BY virtue of it's 10
hersDt provision; that il does not re-.
quirs special legislation and positive law
to create il. but that It exists independent
Of aud above law.
Opposed 10 the interference with slave
" where IL now exists. VIC are equally op,
posed to its further extension. We ignore
sllsnd singularly the propositions above
stated: We oppose the doctrine that man
can have an absolute property in man.
We ignore the theory that slavery exists
or can exist indspsnden! OF local law, /.
ispurely. crsOIure Of law, dependent for
its existence NOT upon natural right, but
upon special legislation. Abstraotly speak
ing. the negro is entitled to freedom; su
psrior strength or humsn law may strip
him Of isas the strong man strips the
weaker ofhis gains. but when that law, or
that superior strength ceAses to exist. The
law Of nature resumes it's operation and
freedom again asserts its right.
Thisiruth is stoo apparent to need elabora
tion; II addresses itself at once 70 the
common sense of all mankind. Men. in q
state Of nature is answsrabls only to bis
G1d. lie miy and has, for his own and
the purposes Of society. yielded up certain
Of bis natural rights. but this is OF his own
yOlitiou; they cannot be stripped from him
without hi',express or Implied CONSENT
Society has the right to deprive men Of
certain liberties, but this must be dono by
positive law !. Ican DO done in no other voy
II follows then that as slavery is an institu-
ton. depending for its existence not upon
natural right, but upon positive law. that
in the Territories. in the absence OF law. Il
there be no law OF the general goyernmen.
and no provision of the constitution BY
which it's created and protected in the
Territories, Il cannot exist. Nav is there
anything in the constitution BY which
siavery is created, carried. or protected in
the Territories? The constitution does mol
create property ofany kind, nor does 4
protect II; Il simply authorizes the passage
Of csriain laws fer lie creation and protec
tion. and 10 the abseuce OF those lava il
amounts in that regard TO nothing. The
constitution Of the United Slaios does no.
TegulFe commerce; Il does not establish
Post Ofces and Post roads: It docs not
levy taxes. nor does Il create q currency.
IL simply aulhorizss Congress to do those
things, and 10 the absence OF congressional al
action they would amount to nothing
Will iibe said that without the establish.
ment Of aicurrsney by act Of congress, the
simple provision o. Of the constitution au.
thori.ing iis creation. would make onsi
WillW be said That the section Of the con.
stitn.ioa apthOrisiRg Congress 10 establish
unitOrm rples Of naturalization. or 10 admit
new States, would admit them, or. enlitl.
foreigners TO Cilizsnship without the ac,
tion Of Congressf Doss the constitution
of TIE United States create . property II
Banksf Does il carry the law of an,
State intothe Territories? II 20, does |
not carry The lara OF all the States? Th
Stsies andsthe laws OF tie States are upo,
equal footing. and Of equal authority IN III
Territories. " Of any authority at ali: an,
II the constitution carries the Law Of Vir
- !. y