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

ding tho charge for the coming campaign.
Here is passaee from this document
which will show its spirit:
Another ten years like the last ten, and
our Courts will have silently reyolutionized
our Constitution Judicial Construction IL
purging our law Of liberty, and putting an
iron rod into the hands Of our Consultation,
with which to crush that very sanctiiy Of
human right for whose protection II was or.
dained The Supreme Court OF the United
States il an enemy OF liberty, and the friend
Of bondage. And, like great heart, II Is
sending out despotic blood through every
artery Of the government Our evil IS des-
perate our danger critical IL taken now,
Il may be overcome If deferred, it will by
and by. demand hundred.f fold exsrtiOn, or
else defy all effort The slave trade is
opened and volcanic. Africa again streams
lava upon our shores The Court is prepa-
ring the way, step by step, for the suprema-
cy Of slavery in every part Of this continent
Oue Of tho great and vital questions to be
decided II, the approaching presidential con.
test, is whether this government is to be adj
ministered 10 accordance with the provis"
ions Of the constitution, or In disregard Of
them
The "spirit' Of tie above article is, that
the Supreme Court Of the United States is
not to be regarded and sustained as the ex
FOUNDER Of the constitution, and Of the con-
stifutionality Of the laws Of Congress.
Under our system Of government there
MUST necessarily be SOME TRIBUNAL on ULri'
MATE RESORT for the decision Of conflicting
views and opinions, upon questions invol-
wing constitutional rights IL it were not so
there would be endless controversy, turmoil
and agitation. No government Of law can
exist, unless such tribunal is established and
its decisions enforced and sustained, until
legally reversed.
Judicial construction" the reverend
champion of abolitionism tells us "is purging
our lao cfHberty aud putting an iron rod
into the hands of our Constitution with
Uhich to crush that rery sGnctity Of human
right for whose protection It ieas ordained"
Suppose we strip this idea for a little while
Of its incongruous verbiage, and see what it
means. "Purging law of liberty, and put'
ting an iron rod into the hands Of the com
stitution' may all be very fine imagery, but
tohat does it mean2 Now if it means any
thing it means that the Supreme Court Of
the United States in deciding that Congress
has no constitutional power to forbid the re-
lation of slavery in the territories Of the
United States, has excluded liberty from
law. What liberty has it encroached upon?
Has it made any negro a slave who was
free2 Has it forbidden any man to emigrate
to any territory or put him upon any differt
ent terms in his occupancy Of such territory
from those granted to other citizens2 Ger
tainly not. How then has this "purging''
process been done2 The LAW which the
decision Of the Supreme Court has laid
down simply is this; that Southern man
has a right to emigrate to territory with
his slave, at least so far as Congressional
Intervention is concerned. Almost any Just
man, especially truly christian minister
might reasonably suppose, that in terrific,
ries acquired by the joint exertions by the
joint blood and treasure of slave holding
and non slave holding states the citizens Of
the former ought to have the same rights in
such territories with their property, that
citizens of the latter have with theirs Is
there any thing monstrous in this2
But again-"an iron rod is placed in the
hands of the Constitution by judicial con-
struction, to crush the very sanctity of hu'
man right for whose protection it was Or
dained"
Let US see. What ''sanctity of human
right toaS the Constitution of the United
States ordained to protect The reverend
gentleman would have US imply that it was
something like freedom from slaUery. That
is notoriously not true, When that consti.
tuition was ordained all the States with one
exception were slaveholding States. The
relation of master and slave was recognized
10 the most marked and positive manner
Ii is only necessary to refer, upon this
point TO the express constitutional provision
requiring the rendition of fugitive slaves
and the legislation of '92 pursuant thereto
Nay more-this atrocious SLAVE TRADE
which Mr.. Beeoher's indignant fancy paints
as the lava that volcanic Africa" "stream,
Cd upon our shores, WAS ALLOWED TO CON-
TISuE uNcHRcKED BY ANY LAW until the year
1903, which was twenty years from the time
that the protective provision was INSERTED
IN TnE CONSTITUTION OF THE UNITED STATES.
Let US turn to the language of the Con.
stitution in reference to this matter, not for
the purpose of casting any odium upon the
wlsest and most patriotic assembly of men
that ever met together but to arrest this
cant Of modern days, that the "sanctity of
human rights" violated as is claimed In the
institution of slavery, was so precious in the
ewes of the trainers of the Constitution.
1t is section 9 ofArticle First-to-wit
"rhe migration or importation of such
persons as any Of the States now existing
shall think proper 70 admit, shall not be
prohibited by Congress prior TO the year
ls9S, but n tax or duty may be imposed on
such importation not exceeding ten dollars
for each person. TI.aF
Here stands a provision Incorporated into
the Constitution Of the United States by
those by whom IL was ordained, interdieting
the exercise Of the power by Congress, who
otherwise would have possessed it, to arrest
the lava stream that volcanic Africa was
then pouring upon our shores
What does this provision teach US; this