Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-01-05

1 impair TINS vested rlBht. Inc supreme
judicial tribunal of the country. which
Is a coordinate branch of the Govern
ment, has sanctioned and affirmed these
principles of constitutional law. SO
manifeStly just in themselves, and So
well calculated to promote peace and
harmony among the States. Ii Is a
striking proof Of the sense of justice
which is inherent in our people, that
the property in slaves has never been
disturbed. to my knowledge. in any OF
the Territories. Even throughout the
late troubles in Kansas there has not
been any attempt, as | am credibly IN
formed. to interfere in a single instance
with the right of the master. Had any
attempt been made. the Judiciary
would doubtless have afforded an ade-
: auate remedy. Should they fail to do
this hereafter. it will then be time
enough to strengthen their hands by
future legislation Had it been deci-
! deI that either Congress or the lerrI-
torial legislature possesses the power
TO annul or impair the right to prop
erty in slaves, the evil would be intol-
erable. In the latter event, there
would be a struggle fol majority OF
the members of the Legislature at each
successive election, and the sacred
rights of property held under the Fed
eral Constitution. ysdld depend for
the time being on the result. The ag
itation would Thus he rendered inces-
SAINT whilst the Territorial condition
remained, and it's baneful influence
would keep alive dangerous excite
ment among the people of the several
States.
4 Thus has the status Of Territory,
during the intermediate period from
: its first settlement until it shall become
State. been irrevocably fixed by the
final decision of the Supreme Court
Fortunate has this been for the pros
.perity of the Territories. as well as the
tranquility Of the States. Now, emi
grants from the North and the South.
the East and the West, will meet in
the Territories on the common plat
form. having brought with them that
species OF property best adapted. in
their own opinion. to promote their
welfare. From natural causes the
Slavery question will in each case
soon virtually settle itself; ana before
the Territory is prepared for admis-
sion as State into the Union this de-
cision, one way or the other, will have
been a foregonc conclusion. Mean
while the settlement OF the new Ter
ritorv will proceed without serious in
terruption. and its progress and pros
I perity viii not be endangered or re-
!, iarsici ~ sisfent political struggles.
4 When in the progress of events the
! inhabitants of any Territory shall have
reached the number required to form a
State, they will then proceed, in a reg
ular manner, and in the exercise of the
rights of popular sovereignty, to form
Il constitution preparatory to adinls-
sion into the Union After this has
been done, to employ the language of
the Kansas and Nebraska act, they
shall be received into the Union with
lor without Slavery, as their constitu-
ton may prescribe at the time of their
admission" This sound principle has
happily been recognized. In some form
or other, by an almost unanimous vote
of both Houses of the last Congress.
All lawful means at my command
have been employed. and shall con-
time to be employed, to execute the
laws against the African slave-traae.
After most careful and rigorous ex-
animation of our coasts and a thorough
investigation of the subject, we have
not been able to discover that any
slaves have been imported in the Cni-
ted States except the cargo by the
/ Wanderer, numbering between three
or four hundred Those engaged in
this unlawful enterprise have been rig
orousIy prosecuted; but not with as
much success as their crimes have de-
served. y number OF them are still
under prosecution.
Our history proves that the Fathers
of the Republic, in advance of all other
nations, condemned the African Slave
Trade. 1t was. Notwithstanding.
deemed expedient by the trainers of the
Constitution to deprive Congress of the
power to prohibit "the migration or
importation of such persons as any OF
the states now existing shall think
proper to admit, prior to the year Is
0S."
1t will be seen that this restriction
on the power of Congress was confined
to such States only as might think
I proper to admit the importation OF
slaves 1t did not extend to other
States or to the trade carried on abroad
Accordingly, we find that so early as
the 22i of March. 1874. Congress pass
ed an act imposing severe penalties and
punishments upon citizens and resi-
dents of the United States who should
} engage in this trade between foreign
nations. The provisions of this act
were extended and enforced by the act
of 10th May. 1900.
Again: The States themselves had 4
clear right to waive the constitutions
privilege intended for their benefit, and
to prohibit, by their own laws. thi'
trade at any time they thought proper
: previous to 1903. Several of them ex
r ercised this right before that period
, and among them some containing thr
greatest number Of slaves. This gave
: to Congress the immediate power Il
eeact in regard 10 all such States. he
! cause they themselves had removed tn
r constitutional barrier. Congress &C
| cordingly passed an act on 2Sth FEB