The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-09-26

thsterritOry in gusztisn; Gud The q0vsrnmsnt
holds IL ibr thsif common use. until il shall b
associated with The ethcr States ss q member o
the Union"
No eSn. no dsmasoesuisn. no trash hers
bat sinpls. eissr. lucid. dispsssionais exposi.
tln ofa eaastitutional truth. The Court pro.
essd 10 say. that until the zine arrives wher
tho territory is organized ss State, some kind
OfeOvernment nccesssfs. but as % The powe,
Of Congress. and in this e1nasction they say
"But the power Of Congress over the person
or property Of = citizen can never be a mere
Discretionary power under our Conslituiicn and
fWm Of government. The power Of the govern
ment and The rights aud privileges of the ciri
zen, are Regulated and plainly defined by the
Constitution ITSELF II car
not. WHOM it enters territory OF the United
States. put of iis character and assume discrr'
tonary or despetc power, which the Coustiiu.
ton has denied to it.
1- "The territory being part Of the United
States, the government and the citizen both
enter Il under the authority of the Constitution
with their respective rights defined and marked
Z. out, and the Federal Government can exercise
no power over his person or property beyond
what that instrument confers, nor lawfully de-
o az anyright whichit has reserved" -.
Then, proceeding with Judicial exactitude:
THE rights Of private property have been
guarded with sqnal caro-. Thus the rights o
property are united with the rights of person
and placed on the same ground, by the fifth a.
-u,endment to the Constitution, which provides
that no person shall be deprived OF life, liberty
and property. without due process OF law. And
an act Of Congress- which deprives q citizen o
the United States Of his liberty or property
merely because he came himself or brought his
property into particular territory Of the Uni
ted States, and who committed no offense against
the laws. could hardly be digniHed with the
name ofdue process Of Law. s2
~ hspowers over person or property Of which
wespeaks are not only granted to Congress, bu,
are IN express terms denied, and they are for.
bidden to exercise them.
l3 "And u Congress itself can not do this-if il
10 beyond the power con erred on the Federal
Government-it will be admitted, we presume
that 1t could not authorize . territorial govern
meut to exercise them, 1t could confer no pow
er on any local government established BY its
authority, to violate the provisions of the Con-
stitution." s.F rr...y...., Z .I.......
Again: 5s arz % agar rfea7sg Taars.. .
.'a at seems, however, 10 he supposed that there
is . difference between property in slave and
other property, and that different rules may be
applied to IL in expounding the Constitution o:
the United States. And the laws and usa ses
Of nations, and the writings OF eminent jurists
upon the relation ofmaster and slave, and their
mutual rights and duties, and the powers which
government may exercise over It, have been
dwelt upon in the argument" ~, ~.
But, after showing that no law ofnations
ssands between the people Of the United States
and their goyernment--that the powers Of the
government and the rights of the citizens nm
der 1t are positive, and practical regulations
plainly written down-snd that no usages Of
other nations, or reasoning of their jurists upon
the relations Of master and slave can enlarge the
powers of this government, or take from the
cisizens the right they have reserved, they say:
s'Ana II the Constitution recognizes the right
of property Of the master in a slave, and makes
no distinction between that description Of prop
ersy and other property owned by citizen, no
tribunal acting under the authority of the Unit
ed States, whether it be Legislative, executive
or judicial, has right to draw such distinc-
sion, or deny to it the benefit Of the provisions
provided for the protection Of private property
against the encroachsnents Of the Government
''Now, as we have already said in an earlier
part Of the opinion, upon different point, the
right Of property ia o slave is distinctly and ex
psessly affirmed in the Constitution.
.And no word can be found in the Constitu.
ton which gives Congress greater power over
slave property, or which entities property of
that Of that kind to less protection than proper.
~ ofany other description. The only power
conferred is the power coupled with the duty Of
guarding and protecting the owner 10 his
rights"
Now, my fellow citizens, cannot conceive OF
. simpler or clearer Judicial exposition. The
points Of the opinion are brify these: The ter
ritories have been acquired and are held by the
Federal Government as trustees for the States,
and the citizens Of all the States may hold and
enjoy their property in them until they take on
the functions Of sovereignty, and are admitted
nto the Union,
The citizen enters the common territory with
the Constitution in his hand, and the Federal
Gosernment can exercise no powerover his per-
son Or property beyond what that instrument
oonsers, nor lawfully deny any right which It
HA8 fbSeEFtug &fsuNtHEc ste RHubTAf OoFeFuIncht
can not do this, still less can II authorize ter
ritoriol government to exercise those powers.
Itcaa not confer on any local government, es-
tsblishea BY its authority, the powsr to violate
the Constitution. s" @ .sFss sTs@ !a8
Between slave property and other property
no distinction exists, property in slaves is re-
cegnized by the Constitution Of the United
States, and there is no word in that instrument
which gives Congress greater power eyeFit, or
which entities il to less protection than other
property; but the only power which Congress
has. Is the power, coupled with the duty, Or
guarding and protecting the owner in his rights.
am content to stand upon these principles,
thus announced by the Supreme Court Of che
Union. '6@ 8a ,ss ta H'S
Some disposition has boon manifested 10 es.
cape from these principles because the case went
up from o State and not territory; but, in my
opinion, this evasion is too small TO be constru.
ed. The decision we have beet, considering
grew out Of proper case regularly carriel up
and 4 determines every point Of difference BE-
tween the friends Of the Ksnsas Bill. ~ 2
9 Alter this decision we had arrived at point
whars We might reasonably expect tranquility
and peace. The equality ot rights Of persons
and property u all che States, in the common
t5.4tt VI - =