Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1860-03-21

" hNhi Nhh WI hNhNNuoNN W WV i'''i' '"'f
the interests or lhl prei6sIees thptj qltprr
nalely sway ne acsious ornaukIna
who indeed but DE moIf invelsrate end
hopeless bigotor fanatic, believes lha. lbose
great and good men who laid for us tho arru
foundations Of empire and gave to the wovld
an example Of moderation and wisdom, that
will stand forever on the records % Buman'
history as on honor to the race, have met
the condemnation Of their Maker, for having
permitted tho continuance Of the slave
traffic. Alas if human judgments were 70
be carried into execution the whole race
would be consigned to endless perdition,--
No--the action Of the framcts Of the Con.
stitution is capable Of a complete defence
up 10 tina, time the slave trade had been
tolerated aud encouraged by civilized ni-
tions.
ia the courtly age Of Elizabeth OF Eng
land, with tho appreciation Of that 2 ueenof
Queens, the slave trade was not only tolora'
ted but protected aud fostered. Its monop
oily was transferred from enc to another Of
those kingdoms that have united in pro
nouncing II piracy, and vasl soms were
successfully realized from those transfers.
Besides, when the convention sat, 10 1881,
the citizens Of many Of the otes North as
we'll as South were deeply implicated by the
Investment Of capital in the slave trade
which was regarded, by other nations Of the
world as legitimate traffic. In addition to
this many States desired further increase
Of their industrial force and it was under
all these circumstances, for the great ulte,
rior purpose Of forming a more perfect
union, establishing Justice ihsufingl gldomes-
tic tranquility, and securing the blessings Of
liberty to themselves and their posterity,
that our forelathers ordained and establish
cd the constitution that still stands with the
provision in it to which we have alluded
That constitution establishes Judiciary
department. of the Federal government 1t
is the Constitutional province Of that Dee
partment, indeed its bounden duty, to decide
questions Of Constitutional exercise Of pow.
or, where such exercise Of power infringes
upon individual rights. The right Of a
STAKEHOLDER to own and hold his slave, is
recognized by the constitution Of the United
States clearly and unsquyoealy The right
of slave to be relieved from all obligation
to his master, is not a right that is recogniz,
ed by that Constitution, Notwithstanding
Governor Leonard and Henry Ward Beech
er and other abolitionists, may claim that it
is righ! recognized by LAW HIGHER than
the Constitution. That may vr may not be
so. OF that God himself is the only judge
and fortunately in this enlightened age o
the world we have no tribunals invested
with power TO enforce His decrees, or rather
what fallible man declares to be His decrtes
Philip the Second Of Spain had such gov
ernment He assumed to be the Interpreter
Of the will Of God, the higher law, and the
groans Of an hundred thousand inundated
victims, and oppressed subjects, attested tho
melancholy fact, tlrat he welded the physi'
cal power to support his high pretensions
The enlightened sense Of manhood at thi,
age of the world stands aghast at the atroci'
ties of tyrant who, under the sanctimo
nious garb Of a most devout profession O.
religion, and a representative Of the will o
God, flooded the Netherlands with blood
erected scaffods upon which noble victim,
expiated the sin of patriotism and planted
stakes at which believers testified in flame,
the sincerity of their faith in the truths o
reformed religion. Our government, thanl
God, does not assume the power to enforce
the observance Of any law higher than tht
Constitution under which it has its exist
ence but it does profess to enforce all law!
passed in accordance with the provisions O
that instrument, and has wisely provided
tribunal which has the legal and cons,itu
tional right to DECIDE whether laws HAvl
been passed in consonance with those pro.
visions.
This war then upon the Judiciary, thi
libel that Judicial construction will resul
in the overthrow of our liberties, must bt
put down, or the government itself must bt
put down, and "bloody treason flourish ovei
u.s.