The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-10-19
TERMS--$2,OO

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erty Of the master IN slave, and makes no dis
tlnc.i ion between that description OF property
and other property owned b. cit zen, no tri-
hunal acting under the suthority Of the United
states, whether it be legislative, executive, or
Judicial, has right to draw such distinction.
or deny to it the benefit Of the provisions and
guarantees which have been provided for the
protection Of private property against the en-
cloachmt nts Of the government E. :. And
the government in express terms is pledged to
protect it in all future time, If the slase escapes
trran his gamer This is done in plain words
too pain to be misunderstood And no word
can be found in the Constitution which givea
Congress greater power over slave property, or
whch cntitles property Of that kind to less pro-
tectlsn than property Of any other description!
The only power conferred is the power coupled
with the duty Of guarding and protecting the
owner in his rights"
! The rights Of the owner which il is thus
made the duty Of the Federal Government to
guard and protect are those expressly provided
! or in the Constitution and defined in clear and
explicit language by the Court-tbst ''ths gov
eminent. in express terms, is pledged to pro-
tect it (save property in ai future time, if the
'(aas escapes from his o2eaey." This is the only
contingency, according to the plain reading Of
/ by the Supreme Court. in which the Federal
Government is authorized, required or permit
ted to interfere with slavery in the States Of
! Territories; and in that case only for the pur-
pose OF guarding and protecting tho owner in
his rights" to reclaim his slave property. In
all other respects slaves stand on the same foot
ing with all other property--"the Constitution
makes no distinction between that description
of property and other property owned by a cit.
izen;'' and "no word can be found in the Con-
sttution which gives Congress greater power
over slave property, or which entities property
Of that kind to less protection than property Of
any other description" This is the basis upon
which all rights pertaining to slave property, Ell
ther in the States or in the Territories, stand
under the Constitution as expounded by the
Supreme Court in the bred Scott case. io
! lnasmuch as the Constitution has delegated
no power 10 the Federal Government in respect
to any other kind Of property belonging to the
citizsn--neither introducing, establishing, pro-
hbiting, nor excluding it anywhere within the
dominion of the United Statet, but leaves the
owner thereof perfectly free to remove into any
State or Territory and carry his property with
him, and hold the same subject to the local
law, and relying upon the local law for protec-
tion, it follows according to the decision of the
/ Court, that slave property stands on the same
footing is entitled TO the same rights and i'm
munites and in like manner is dependent up
on the local authorities and laws for protection.
The Court refer to that clause of the Consti-
tuition wi ich provides for the rendition of fugi-
tive slaves as their authority for saying that
"the right OF property in slaves is distinctly and
expressly affirmed in the Constitution" B"
reference to that provision it will be seen that,
while the word slaves" is not used, still the
| iT'opgtitutin, pof -; .kk !
property in slaves, as stated by tho Court. but
explicitly states what class of persons shall be
deemed slaves, and under what laws or author
ity they may be held to scrvitude, and under
what circumstances fugitive slaves shall beIe-
stored to their owners all in the same section,
as follows; .9ae aag
| mo person held to service or labor in one
State, ander tie haaes Aeoeof escaping into an
other, shall, in consequence ofany law or regula-
ton therein, be disct arged from such service or
labor, but shall be delivered up on claim of the
party to whom such service or labor may 10
| due" sl, 9a#'r
Thus it will be seen that slave, within the
meaning ef the Constitution, is "person held
to service or labor in one State, aader the 1ases
therecf" not under the Constitution ofthe Uni
ted States, nor by virtue OIL auy Federal author.
ity whatsoever, but under the laws of the par
| llCulAl Dldlc hISlt SuCu SCIfICe OF ldDQE may
be due. i
1t was necessary to give this exact definition
Of slavery in the Constitution in order 10 satis-
fy the people OF the South as well MS of the
North. The slaveholdlng States would never
consent for moment that their domestic rela-
tions--and especially the right Of property IN
their saves--should be dependent upon Federal
authority, or that Congress should have any
power over the Subiect--either to control or
confue, or restrain it; much less to control or
regulate it--lest, under the pretense Of protec-
tion and regulation, the Federal Government.
undor the influence of the strong and increas-
ing anti ti-slavery sentiment which prevailed at
that period, might destroy the institution and
divest these 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. -. 4mf tuH u& 4"
In Ike manner tie slavehoIding States,
while they were entirely willing to provide for
the surrender Of all fugitive slaves--as is con-
clusively shown by the unanimous vote Of all
the States in the Convention for the provision
now under consderaton-and to leave each
State perfectly free to hold slaves under its own
laws, and by virtue Of its own separate and ex.
elusive authority, SO long az it pleased, and to
abolish it when it chose, were unwilling to be.
cvme rcspons BILE for its existence by incorpora-
ting it into the Constitution as national in.
stitution, to be protected and regulated, extern
ded and controlled by Federal authority, re-
gardless OF the wishes of the people, and in de-
tance OF the LEGAL laws Of the several States
and Territories. For these opposite reasons
the Southern and Northern States united ihgiSs-
ing unanimous vote in the Convention for that
provr ion IN the Constitution which recognizes
slavery in the several States where it exists
under the laws thereof" and provides for the
surrender Of fugitive slaves. u1l, . ~
1t will be observed that the term ''Staten ia
used in this provision, as we'll as in various otk-
er parts of the Constitution, in the same sense
in which it was used by MIR. Jefferson in his
plan for establishing governments for the new
States in the Territory ceded and to be ceded
to the United States and by Mr. Madisoniin
his proposition to confer on Congress power sto
institute temporary governments Tor the ntB
States arising in the unapproprated lands offhe
United States" to designate abe political conaE
munities, Territories as we'll as States, within
the dominion of the United States The word
States is used in the same sense in The oldi4
nance Of tie 18th JnIy, 1887, for tho govern
meut of the territory northwest Of the River
Ohio which was passed by the remnant the
Congress of the Confcderation sitting in New
York while its most eminent members wers at
PHILADELPHIA as delegates to the Federal Con.
vention, aiding in the formation Of the Constisas
ton d the United States. 1ss saf 8I YFELsaa5 WI
In this sense the word Estates 4 is used tdn
the clause providing for the rendition oflnkitisa
slaves applicable to nh political Gc,unTuTut9ss
under the authority of the United States. inclas
np the Eeri tories ais we'll ax ha Satavtl a..taz