Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1860-10-18

and precedentS OF the governmental its So
phistry and logical tendency to disunion and
reyolution-at its insulting demands of politi-
cal power where plain and obvious construc-
tion denied tat its contempt of the dictates
of common sense and common j1stice-at its
apparent determination to override all the
compromises of the government, and reduce
it TO an instruments machine Subseryent to
sectional aggrandizement They hesitated un-
til northern pusillanimity emaSculated the man
hood of the north-until the north wove the
web of its own dishonor and proffered with
willing haadsits subjection, aud gloried in its
self inflicted shame What the constitution
and usage had always given it, it surrendered
at the first blast of the trumpet. Nay more,
it sold itself in advance of the summons to
capituate, and gave up the Missouri Compro-
mise before it Was demanded, as much sur
prise aud aSronishment to the south as it was
humiliation to the freeman of the north
The logic of the south is set forth in these
three propositions First, the constitution
recognizes slavery. Second, it recognizes
slaves as property Third, the STAKEHOLDER
has the same right to take his property to the
territories that the northern freeman has to
take his Let US examine these propositions.
First the constitution does indeed recognize
slavery. In three several passages or clauses
it speaks of it, not as slavery but as SerricS
due 1T also speaks OF slaves not as slaves
but as persons from whom labor or service is
due In either case it means slavery and
sHayes,-it means the black man with the
woody head, and his condition of servitude-
But the constitution only recognizes slavery in
the states where for years it has had an exis-
tenee, and is still creature Of Sta!e lar or Of
local law if the phrase is any more correct
In these:three cases the constitution only re-
cognizes tit sees it there, at it,
apprehends it,-just as it does any other state
institution which the state has created, but it
does not sanction it, or protect it, or interfere
with it, except for the purposes severauy set
forth in the clauses. 1t simply lets it alone
in every other respect, as o state right or in
siitution, over which the state only has con-
troll Now just looking OF it, observing it,
recognizing il, but not sanctioning it, or con-
trolling it, gives Congress no authority over it
any where, ,--because it is state institution
and not a national one, and can only exist as
such. Congress, can not meddle with it except
as the constitution prescrbes, lit cannot go
beyond the three cases mentioned in the text,
but by direct enactment under the article dc
Guiug its power in the territories. Outside the
original states in which the constitution found
it, aud those which have since come into the
union as slave states, aud those WHICH may
hereafter be admitted as such, slavery can
nave 20 legal existence, not even in the terri
tories, for the constitution has made no pro-
vision for it there, and it could not in its
letter, spirit tenor, and design, it recognized
and treated it as Stpts institution only
The second proposition that Ehe constitution
recognizes slaves as property is only true where
state sovereignty has made them so. Inas-
much as the states at the time of the forma
ton OF the constitution had Iegazed slavery
and made persons property by usage custom
and law, no matter how repugnant 10 the NOR
al sense of the world, and violatiye Of justice
and right.-no matter how far and how much
it transgressed every sound principle Of poiti-
cal economy the convention in the spirit of
compromise fOFbOre TO meddie with it. but left
il to the states TO ''goteit up or vote it down.
to cherish or discourage. TO abolish or estab-
Iish as state wisdom might decide. And Con-
gress does not at this day assume any duty
with it as a question of property ex-
cept where the constitution provides for the
rendition of fugitires from labor, aud this it
does only 10 discharge an obligation it had
soiemaIy covenanted to perform, as q condition
of the more perfect union. 1t is so "nOmi-
mated in the bond, and being 50. it stands out
the sole exception to the rule inculcated by
that instrument. that freedom is the normal
condition of the people of these United States
aud that man. under God, oiras himself
The constitution having reference only to
states. will not. therefore, permit the holding
OF men as property in the territories. Con
tra.y as this opinion may be TO that of the
courts it will abide the examination Of theworld.
Il is not merely for the day or the honr that we
are discussing this question, but for all time.
and if We err 10 deciding it it will again and
again iutrude,-lke Banquo's ghost it viii
rise in our places, and push Us from our
stools aud " will not down at our bidding"
And here We may remark, ~ PassaR!, that
the Fugitive Slave Law, in just so much, as
il embraces the teyTllOrIes is clearly unconSti-
tutioual. ...-
The right which the south claims in the
third proposition to have slaves regarded aud
protected as property in the territories IS thus
found to be no right at all. The a6surdity Of
the claim is pointed out in the foregoing re-
marks The constitution does no., and can
not. carry slavery with it wherever it goes. It's
whole spirit is antagonistic to that institution,
and for this reason the friends TO freedom in
the territories, may with more justice claim
that the constitution forbjds its introduction
to all places where it is not esta tlished by
state law. The true construction viii az least
be found, that the consultation neither prOhib-
its nor establishes il, but that Congress in the
exercise of its constitutional power to make
:" all needful rules and regulations and %
I" provide for the general welfare may and
should, prohibit it 10 the territories.
But there are those among Is who contend
that Congress- has mo mower either TO protect