Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-01-24

from Grot.us to Mansfield; all jurilts known tC
civilization snd fame, from the earliest days tO
this, declared that slaveslwere peculiar prop
erty, unlike other property known TO men,
What does the best English reports tell usl-
Before 100 this was declared and by the high
est courts Of the crown, outside Of che House
Of Lords. This was declared by Lord Mans
field, with this dicta, which shall read to you
that l may be understood, IN that case when
CuTran grew 60 eloquent, when he declared
that whenever a man stood upon British soil
his chains fell from him:
"Ths state Of fslavery is Of such q nature that
it is incapable Of being introduced on any rea-
sons, moral or political, but only by positive Law
which preserves its force long after the reasons
occasion, and time itself from whence it was
created, is erased from the memory; it Is Of a
nature that nothing can be suffered TO support
It but positive law"
That decision has never been questioned in
this country, until this new, light of the Dem>
ocralic party fell upon it in the decision of the
Dred Scott case, in 1856. ! say all the jurists
all men at home and abroad, who profess the
christian religion, and obey the equally impera
tive mandate Of progressive humanity, concur
in the belief that slavery is so contrary to
natural law that nothing but positive law car
support it. Under our Constitution. we adoP>
ted the common law of England, and that was
the law of this Stste, and Of others, and it was
decided sgain and again in the courts Of LOus
lana, and Of Kentucky, of Virginia and Of Ten.
nessee, and in the other States of the Union,
believe, without exception, that slavery was
local and could only exist by virtue Of positive
law, and when citizen of Louisiana took bis
slave to France, q despOtic govern ment anC
brought her back, her application to be deelar-
ed free was carried to the Supreme Court oi
Louisiana and it was decided that inasmuch az
she had been carried into free territory she wa.
free according to all the dicta upon the sub
ject, "once free and always free" 1t has always
been held that slavery was an institution o.
monicipal law and the moment it was carried
beyond the pall of that law, that moment ths
rights Of humanity and the great reason to
which all law appeals, stepped in and gave
ree1om, all have determined in the same way
every decision has been in the same direction,
THIS FUGITIVE SLAVE LAW.
can not dwell upon this matter 10 90 al
tb,o Vgb the able argument Of Justice Curtis, but
tbers ,s no argument which be does not pro-
ducs 10 an, 7UOrt the position which have laid
5ou,n a. hei1g correct, save one. That one is
tbis Tnncb tailed o { and much Wanted fugitive
sIave law. Let me ask you if under the con-
stitutiop slavery goes in:to the territory Of the
United States, what do you want with fugi.
tive slave Law! Answer me that. Why would
YOU not be protected in your slave property az
much in any State ofthe Union II 1t Is property
there, and yet you stood in Congress week
after week, and month after pGUnth, and mig p
say year after year, contending for the recogni-
/ ion of the rights Of the slayeholding commun'
ity to recover fugitive slaves. 1t was all alb
surditV to quarrel about q power which you
assert is in the Constitution. You cannot
prove that the Constitution gives the power
It cannot be done. It tisin vain that you strug-
gle against the whole authority and common
sense of ages.
You now talk of Legislative Intervention BY
Congress to protect slavery in the territories
What do you want with il if the Constitution
does not give ii! What right have you to 1t!
therefore deny, on the part Of the Republican
party, that thsrs is any such power under The
Constitution per se to carry slavery into the
territories Of the United States. That was moi
the doctrine of the Democracy of 1852 or 1886
and only after the enunciatiOn ofthe Cincinnati
platform, and the election of James Buchanan
lid the Supreme Court screw themselves up to
the point that they could say that it was Law
Two Of the ablest and most distinguished Juristi
declaring that it was obiter dicta, and was NJ
law. God grant for our freedom, every mans
white and black, that you should say in youl
Legislative assemblies and national conventions
that it is no law. As l live, it is not the law
coNsEoUKNoEs OF THE DEMOCRATIC CLAM.
See where it leads Suppose they have
under the Constitution, the right to carr
slavery into the Territories, have you no.
right to carry those same slaves into Ohio!-
You have the right to carry COW or horse.
coat or a watch, into Ohio, and if under the
Constitution slavery is,just as sacred and IN
v;o,' ate as this species of property, how dare
Gov. t7hase cay you shaa not bring your slaves
on5 tske possession of he hotels Of Columbus
and The tar ms. now occupied by honest freemen
tell Won wbV you cannot; it is because th'
riobt Won assume does not exist. Tne .Oonstl
aTbis Constitution, and the laws of the Uni
tad States which shall be made in pursuance
thereof and all treaties made, or which shal
be made under the authority OF the Unltec
States, shall be the supreme law OF the land,
DC.
There is the whole substance of the matter
If the Dred Scot decision is right, then !her'
is not one single foot of any but slave territory
from the Gulf Of Mexico TO the hills ct Maine
If that be true, then indeed there is do contilc
going on, in the language of Sewarl and th'
Democratic party, between freedom and des
potisn1, but the conflict is ended and you and
/, and all of us, are sub bject to despotie power
which is higher than the great dicta of oil the
learned iurists that have proceeded US; hghe
than the Constitutions of the States and the
sovereignty of conventions of the United States
tile palladium of liberty to US. If II be so, thI
conflict is ended and we are all slaves we ar
subject to despotle power over which We hsv
no co7trol-none on Gods earth. There Is M
appeal to popular sovereignty or States rights
there is but one appeal, and that is to revOlu
ton; an appeal to arms and the God ofHosts-
which God forbid Therefore deny that W
are factiouEly purpOsing to prevent the admls
sion of any more slaveholding State.
The fourth charge is that we propose 1T
repeal the Fugitive Slave law, and practical
ly refuse TO obey the Constitution on tina
subject lido not deny that in some Of tn
States there has been an effort made Of tina
kind, but 1 do utterly deny that there is an,
such clause in the platform Of 1856 or tn
call Of 1860. Without dwelling further upol
that, pass it by, saying that do not care
avoW that stand on that subject with Dan
lei Webster. the man whom Of all others Il
this country, we have styled the expounde
of the enthusiastically upon constitu
/ tioual law the highest authority this countr
ar srav other has ever seen. Mr.. Webster, g.
tbou,yh he was OVerpersuadedi hattered wit
The idea that he would get Southern supper
bv Welding his true born opinion, said Whai
| IN his speech Of 7th March He said "tha
/ "a =, = /, ,,o,ver that halon cad not to Con