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


provisions Of the Constitution. shall be construed
To include every distiaet political comnuniiy an
der the iurisdietion of The Iuiied States, and
10 apply 10 The Territories - well "a tie States
OF the Union. the Tcudn!rs must beccme a
sanctuary for all The IN itseS 'ncn service and
Justice. 0r al he glonS and criminals who
Shall escape from u, ecyetal Ttatrs and seek
rs!r-e IA the Ty-..-ys.
Ii any other ilu.trstion were necessary 10
show. that SIC n1iiiical ctmmuritrS uhirh We
now call 9'cuuOii (tuj Wlch, during The
Whole period Of the Cun1Gera,ion and tEe ior-
matioh Of the Constitution, weIe always r,i,r-
red to as States or New Stsies'') are reccc
n;zsd as States in same of the provisions ol
the Constitution, they may be ound in those
clauses which declare that no S'eis' shall eu-
EF into any Greatly, alliance, OF confederation
grant letters OF marque and reIJisal; ooin mon
ey; omit bills Of credit; make anything but gold
and silver coin a tender in payment Of debts;
pass any bills Of attainder, sT post i,c'o law, or
Jaw impairing ule obligation Vi contracts, OF
grant any title Of nobility"
7 = II must be horne in mind that in ca, h o.
,ihese cases where the power is not expressly
delegated TO Congress the prohibition Is not in
posed upon the Federal Government, but upon
the SiGtes There was no necessity for any
such prohibition upon Congress or the Federal
Cover nment, for the reason that the omission
TO delegate any such powers in the CoRstituto Oh
was-oi itself prohibition, and so declared Ill
express terms by the 10Th amendment, which
declares that "the powers not delegated to the
United States by the Constitution; nor prohibi
ted by it 10 the States, are reserved to the
States respectively, or TO the people
l. Hence it would certainly lie competent oI
tie States and Territories to exercise these
powers but for the prohibition contained ii
those provisions of the Constitution; and mas
much as the prohibition Cnly extends to the
States" the people Of tie 'feIlitorios" arr
lstill at liberty to exercise thein unless the Ter
fritories are included within the ;erm S'atel
WithIn the meaning OF those provisions Of thC
Constitution Of the United States.
=. 1t only remains to he shown that the Com
promise Measures OF 1850 and the Kansas Ne
braska Act of 1854 are in perfect harmony with
and faithful embodiment Of the principle,
herein enforced. a brief history OF these meas
ures will disclose the principles upon which
they are founded.
On the 29ih Of January, 1850, MIR. Clay in.
troduced into the Senate a series Of resolutions
upon the slavery question which we're intended
to form the basis of the subsequent Legislation
upon that subject Pending the discussion Q
these resolutions the Chairman ofthe Commit
tee on Territories prepared and reported to the
Senate, oD the 2oth Of March. two bllS-onC
for the admission of California into the Unior
of States, and the other for the organization 0
THE Territories of Utah and New Mexico, and
for the adjustment OF the disputed boundary
with the State OF Texas, which Were read twice
and printed for the use OF the Senate. On the
l9th of April a select committee of thirteen
al IF Nr nr
sissippi, of which Mr. Clay was made chairman
and to which were referred all pending propo-
sitions relating to the slavery question. On the
Sth Of May, Mr.. Clay from the select commit
tee CT thirteen submitted to the Senate an cab
orate report covering al the points in contlo-
.Versy, accompanied by bill, which is usually
known as the "Omnbus Bill" BY reference to
the proyisioas ei this bill, as it appears on tie
files Of the Senate, it will be seen that it is com
posed of the two printed bills which had been
reported by the Committee on Territories on
the 25th of March previous; and that the only
material change IN its provisions, involving an
important and essential principle, is to be found
in the tenth section, which prescribes and de-
fines the powers OF the Territorial Legislature.
La the bill, as reported by the Committee on
Territories, the legislative power of the Terri
tories extended to "al rightful subjects Of legs-
.lation consistent with the Constitution OF the
United States," aCHhout excepting African sla-
very; while the BILL as reported by the commit
tee OF thirteen, conferred the same power on
the the Territorial Legislature, Wih he exception
Of african slarery. This portion of the section
in its original form read thus
: "1ind Je al further enacted that the legislative
power olthe Territory shall extend to all right
iul subjects of Legislation consistent with the
Constitution of the United States and the pro.
visions of this act but law shall be passed
interfering with the primary disposition Of the
soil'
To which the committee OF thirteen added
these words: "AOr u, respect 10 -4fficaR s7nrGY'
When the bill came up for action on the 10Th
Of May, Mr.. Davis, Of Mississippi, said:
Il offer the following amendment 10 strike
out, in the sixth line of the tenth section, the
words in rspect to african s'aue,y,' and insert
the words 'acih those rights Of property g'ooing
out Of tie institution Of african Slarery aSH &c
lists in any Of the States Of tie Upion.' The OBJ
jcct Of the amendment is to prevent the Terri
torial Legislature from legislating against the
rights of property growing out Of the institu
tion of slavery :. :. 1t will leave to the
Territorial Legislatures those rights and pow
ers which are essentially necessary, not only tc
the preservation OF property, but to the peace
of the Territory. 1t will leave the right tC
make such police regulations as are necessary tt
prevent disorder, and which will be absolutely
necessary with such property as that to s. cure
its beneficial use to its owner. With this brie
explanatitn | submit the amendment"
Mr.. Clay, in reply to Mr.. Davis, said:
II am not perfectly sure that | comprehend
the full meaning Of rhe amendment offered by
the Senator from Mississippi. If do, think
he accomplishes nothing by striking out The
clause now in the bill and inserting that which
he proposes TO insert The clause now in the
bill is, that the territorial Legislation shall moi
extend to anything respecting African slavery
within the Territory. The effect of retaining
the clause as reported by the Committee will be
this: That il in any OF the Territories slavery
now exists, it shall not be abolished by the
Territorial Legislature; and if in any of the
Territories where slavery does not now exist, it
can not be introduced by the. Territorial Legis-
lature. The clause itself was introduced into
the bill by the Committee for the purpose Of
tying up the hands of the Territorial Legisla-
ture in respect to legislatng at all, ono way or
the other, upon the subject Of African slavery.
1t was intended to leave the legislation and the
law OF the respective Territories IN the cond-
tion in which the act will find them. stated
on former occasion that did not, in Commit
tee, vote for the amendments to insert the clause,
though it was proposed to be introduced by a
majority Of the Committee. ] attached very
little consequence to 1t at the time, and at
taeh very little to it at present. 1t is perhaps
of no particular importance whatever Now,
Sir, If | understand the measure proposed by
tie gentleman from Mississippi; it aims at the
same thing. do not understand him as pro.
posing that if any one shall carry slaves into