Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-09-02

4 this doctrine from being carried into practic;
: effect, by the enactment Of a Congression:
4 slave code for Territories:
The projects now on foot for the extensio
Of slavery comprehend the speedy acouisitio
: OF all the territory south Of us, to the isthmu
OF Panama, and the spreading of slavery owe
: It, A necessary part Of this programme is th
J reopening of the African saYe trade, in ordc
: to supply the material for peopIing so large {
territory with slaves. This trade has already
been practically reopened, and no careful oh
server of the signs of the tiufes can doubt that
it will be Successfully Carried on. so long as
the friends of slavery extension retain con
trolling power in the administration of the
Federal Government, whether they succeed in
repeating the laws prohibiting it or not 1t is
no longer question whether the African save
trade shall be reopened, bit the question now
is, whether it shall be eontir1ted or put dolv7l-
and it can only be put down by an Admins
tration which shall set its face Ike flint against
/ it.
All the prominent issues flow before the
| country, growing out of the slavery question
namely, the further acquisition of territory,
Congressional slave code, and the fgobeiiitg of
the African slave trade, have reference to the
extension of slavery, and not to its continuance
or security in states where it already exists
Against these measures, therefore, not only all
Republicans, but all opponents of slavery ex-
tension, can consistently unite, and ought to
unite. Diversity Of opinions and sentiments,
on other questions growing out of the subject
of slavery, and in relation to which it is ad-
mitted that no political action can be taken
ought to be no impeachment to an effective con-
cert of action in relation to these great practi-
cal issties.
We have before remarked, that the only po-
litiual action that the people of the free states
take, in opposition to slavery, is in resist
ing its extension. It is admitted by ALL that
slavery in the states where it now exists, must |
be permitted to Work odt its own solution,
without interference on the part the Federal
Government, or the Governments of the free
States. There is, however, one subject, which
has sor1e bearing upon slavery in the states,
uhon which it must be admitted that either
Congress- or the Legislatures Of the free states
have right to legislate.
All admit that the Constitution requires that
slaves escaping from their owners in one state
and fleeing to another, shall be {" delivered up
on claim" But whether the Constitution con-
fers upon Cofgfess the power, apd imposes up
on it the duty of legislating in aid of the exc
cution of this constitutional provision. or i'm
poses that asts -ttPon the Legislatures of the
several States. is question on which there is
some difference of opinion. Congress, howev-
er. has exercised the power of legislating upon
this subject, from 1T93 to the present time, and
exercised it for more than half a century; with
out serious OPPOSITION or question. Since the
Of the fugitive Slave law Of 1850,
the power of Congress to legislate on tie sub
iect 1T all; has been gravely called in question
by rtl5ny-and that law has been condemned,
not only upon the ground that Congress had
no constitutional power to pass it, but on the
further ground that it iE Unjust and oppressive
in its provisions. The last na1hed objection is
one which we beliete all Republicans admit to
be well taken against the law Many good
however, believe that Congress
has constitutional power to legislate on the
subieEt; while others, who would not them I
selves give the satfie construction to the Con-
'titntiofi, thitik the question has been placed
beyond their Control by judicial Interpretation |
All men holding these opinions concur in re- |
garding repeal or modification of the act the
only legitimate Femedy against its unjust and |
oppressive provisions. There are others how
ever, who hold that Congress had no constitH- f
5i0fia power to pstss the fugitive slave act Of
1850, or any act on that subject-and that it /
S the right and duty of State courts to deter {
nine the question of the constitutional power {
of Congress to legislate on the subject and to
nterpose and prevent the execution of the act,
On the ground of its uncohstitttionality.
These are Questions, clearly, which have
1othing to do with the great practical issues
1oW before the country, relating to the exten-
sion of slavery. They are questions about
which eminent jurists have differed in opinion,
md about which Republicans should be per-
1ttted to differ i'll opinion; without detriment
to the integrity of the party, and without en-
langering its united cooperation to prevent
the ebfstffatioh of the stupeEdons schemes for
spreading slavery over all the continent south
Of us, which are now looming up in the polite
al horizon.