Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1860-09-06

but ne answr that Other property. resting
upon divine and naturnl law, was recognized
BY al the siaies but pTopet,y in man. resting
alone on mae municipal lav, vas not reeoe.
nissd by ali he States, and Therefore, this pc
culisr species Of property needed pru,sc,ion
which other property did not
Each State declares for itself what Il or Il
not The subject Of propertyi and BY the Law Of
naiions. The laws of one State cen have no ef
feet or operation beyond the boundaries Of the
State declaring the same; hence whas The law
Of Ohio declares 10 be property is not necss-
sarily the sublect Of property in Indiana or
Pennsylvania; that depends upon the laws Of
those stato. II one State decinros lhe traao
and ownership in Intoxicating liquon Illegal, q
person living IN another State cannot bring
them here beeanse be hna right Of property
70 them IN that states Il he brings these ari-
olea 70 that STATE, he must abide BY The law Of
that State. Hence. when one with bis proper.
" passes beyond the Jurisdiction of a State
whuo no has hold q, he leaves behind him The
lautcf hat irrisdlcsion and becomes subject
% The laws of thc new State or jurisdictlon into
which he passes with his property, and III
his rights of person and Of property must de-
pend upon the laws of this new iurisdielion,
aad pot upon those of ihe one he ha, loii.--I
unlqs this q 90. a man has tight 70 cany
NJ dl.E-s| lnas Ohio. ana hoiA lhem tbtre
arnlns. sht law, Of Ohio; becanse, u I can
carry my horse into Territory, man
iSsn carry his slave there. then ne shouid be
permitted TO bring his slave here, because he
can bring his borse here, The assumption Il
then too broad. because Il carries slavery into
the States. a. well as into the Territories.
But 4 Il said that the Territories are tho
common property Of all The States, aud. there
fore, the citizens of each State should be al.
lowed 70 carry there whatever his State do
clares % be property. The Constitutions con
iains not one word about property or The right
Of property; Il no whore says or implies that
citizen Of Ohio may take his horse into a
Territory; whether such right exists de-
penda upon the law In force in the TERRITORY.
Nor does the fact that the title TO the land Il
10 the United States give citizen Of the
United States a right to locate upon Il with or
without property. The United States holds
this property In trust fos the benefit Of all the
citizens, and not alone for the benefit Of tho
few that may occupy them by right or by
srunsl tho trust is 10 sell these lands and
place the proceeds thereof In the national
treasury, whereby ell citizens will b. equally
benefited. As owner Of these lands then, the
Government has only a right Of sale. not Of
asttlement; that must belong 10 he power
which has political Jurisdiction over this Ter-
rIiory; the ownership Of the land may be-
long 10 one and the political jurisdiction TO
another. The United States may own land In
Canada, but that does no, draw after Il the
right Of legialation, the political Jurisdiction.
Tho faot, then, that thetitle to these lands /.
in tho Government Of The United States IN.
Wolves no right N = citizen Of state 10 90
upon them with or withOu. property.
This doctrine leads also TO this strange ab.
surdity. Tho position Is that because A. has
a right Of property in negro in Kentucky.
be has like right Of property in him in a
Territory, when he removes him thers; n such
were the law and Constitution, .hen the right
10 hold property in a Territory would depend
upon the law Of the place whence the proper.
" was brought, and not upon the law in force
In the Territory; hence man coming from
south Carolina could holdslaves in Terrific
~, while man coming from Ohio could not,
since the law Of Ohio does not recognize
property Of man in man; and there This strange
state Of things would exist; we should sec the
people Of the same Territory, part entitled
TO hold slaves and part not entitled TO hold
thmi we should thus have a slave and free
systein in the same Territory; one part Of the
people being entitled TO own slaves, and the
other not; since the right to hold n slave would
depend, not upon the law Of the Territory,
but upon the laws Of the States from which
the several persons might have come. Such
consequences demonstrate the falacy Of the
principle from which they logically flow.
The political Jurisdiction over Territory,
acquired by the United States, is in the Gov
crnment Of the United States, or II Il not. II
in the Government Of the United States, then
that Government possesses the whole political
power, since political Jurisdiction involves all
political power. Congress, therefore, on this
assumption. has full legislative power, the
power TO declare what shall and what shall
not be law in the Territory, and hence the
power 10 tolerate or prohibit slavery therein,
unless there Is some restriction on this power
contained in the Constitution itself Bysome.
article 8, Of the amendments Of 1880 is re-
ferred to As containing such rcstrietion.-
That section refers 10 the mode Of criminal
prosecutions, and declares that no person shall
be compelled to testify against himself, nor Be
deprived Of ne, liberty, or property. ,eithoui due
course Of lao. This clause maniiestly looks
toproseeutionS for crime, and It's object is to
secure TO all fair and impartial trials. Itmny,
therefore, be doubted whether there is any re- |
strietion upon the political power Of the Gov.
ernment within Territory in this respect.
This power over the Territories results from
the law Of nations, and not from the Constilu.
tion, since its trainers never contemplated
what has since taken place in the history Of
this Government.
But II the Government Of the United statas
has not The political powor, then no one has,
since TO admit such doctrine would be to |
admit the existence Of a political power with.
In the boundaries Of the United States, indie.
pendent Of the Government Of the United
staiesi this would be to realize that well
known absurdity of bnpaium IN impsrio,
Government within a Government. Thera