Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-02-25

0tO Tue tutCScbto VI Uc UOHcgos Dub buOu TUX
lations can never be permitted to interfere with
or to obstruct the just rights of the owner to re
claim his slave, derived from the Constitution
Of the United States, or toith the remedies pre-
scribed by Congressto aid and enforce the same. .
Gd.) U.t
think II is fairly inferable from this. that the
power to legislate upon this subject is sadmittet
to belong to the States, provided 1t is not ex-
ercised either to obstruct or TO aid In enforcing
the remedies prescribed by Congress for the re
capture of fugitive slaves.
I have thus far endeavored to show, Mr..
Speaker, that even on the hypothesis that Con-
gress has the exclusive power to legislate in
relation to fugitives from labor, there is moth
ing In this bill which conflicts with any decis-
ion based upon this theory.
Eut deny that this power ia exclusively In
the General Government, as shall next pro-
coed to show. The Court was not at all unan-
imous in the opinion in the Prigg case-the
Judges who expressed opinions united ia the
same conclusion on the specifi, matter before
the Court, it ia true, but their reasoning was
different and sometimes opposite In regard to
the general question of the power of Congress
and Of the States, which was argueds Itnink
the argument and the law were with those who
dissented from the views Of Judge Story. The
Chief Justice (Mr. TANEY) maintained at the
time that the states nau concurrent Jutlsdlction
with Congress over the subject OF tne surrender
OF fugitives from iaDor 70 tne extent OF aioing
In the same, ana neia tnat tee states might
interfere TOT tne purpose Oh P.otecting sne
rlgnt OF tne master, anu alding MN in tue re-
covery OF bis properly ne nele tnat tne pro.
nipi!ion upon tne Ssases eAtenoec only ageinss
passing iaws 70 opsIruct or impair tae r,gn' oi
recaptlre; Nle now sne iaS, as oeclGea IN
case which originated In tne state OF lihnois'
that the )nrlsdicuon is concurrent IN tnis par,
tieular, and that the states may pass laws 10 aio
the enforcement OF law ,ot congress Ior tne
reclamation Oh iuglnVes' moore o'' me Sfdte p
Lttno", "a Ho'oa'aJ -,
II 10 not surprising tnat Judge story snouid
have construed the CONSTITUTION as ne DID on on
this SUBJECT. he was an advocate Oh consoii-
dation, ana mas done more tnan any otner man
in this country save Weoster himself, TO In
doctrinate the public mind with the centralza-
ton theory,--an abominaoie doctrine, OF which
we are now reaping tne Diter fruits. sir, u
has always been my humble opinion that the
duty OF surrenderng up iogitiVes from service
or labor was an obllgatlon imposed by the Con-
stitutionlupon the states, as part OF the COM
pact OF Union. lt would have been better for
all concerned II 1t had been lett there. 1t has
been the imposition OF fugitive slave laws on
the North and OF tariff laws on the South that
has made the people OF the two sections mutu-
ally hate their common Federal Government
and each other: II am told that public senti'
ment at the North has become 80 hostile to
slavery that 1t would refuse TO obey this com.
pact Of the Constitution, l answer that IL would
be simple question with the Northern States
whether they would prefer to fulfill their obli'
cations or break the bargain and dissolve the
Union. !have no doubt which they would have
done II the question nad neen SO presented
The same puDhc sentlment which would nave
repudlated the compact Will continue to evade
and violate law OF congress, MADE more odi-
Gus by the consciousness tnat IL Is usurpauon
IL would nave Deen petter 70 rely on ihe gooo
faith OF the states tnan 70 march into tner Inn
its TO RIDE DOWN tneir citizens WIN tne armeo
power OF ahatei9l government, as tne sergeants
OF European aesp4tism cnase down ihe sedi-
tioas peasant; ana mere iet me remarE, tnat |,
that party Whicn lew years ago cowero,y SUM
away III vuissr Potsicai :.; caucus W nuri ~
anatnemas agslnss sne iusiAve sla,e Jaw, oni.
70 exeite Lne 'nougnuess ~ ac's Ci la"tsssness
nao invoked 'ne soVereiguy u sle Ssase v
onio 70 interfere agalnss ~, anu IL naI sp1kei
iss voice Will suem; .nss aoS Mouiu nav'
TT
assailanIs 'nan yous sPeaSer So. aoS & nSOr nopiet
ID I0o@' ..-,
Inat noble little STATE, uiminut,Ve IN TERRI
Iory' meagre IN popuia.lon, hmiteu IN resources
ana perhaps 700 Nasty IN puncuho, .nen Drave'
~ $1,000 Cus againss = usurPins Oohgress, ln'
.nrea's VI power snu sne NEUTRALITY-SUSPICIOUS. y, neer-
al ner sls,er o'a.es, uI.h sue prCusns ner
enemies supphansS as ner ~ Iees suing lor Peaee,
onio Iolneu sne s ssnssiess uenun0iaNol
aganss ner, anu nas pIs.esseu " Shn 49, sS mvss
u1penu.UJ ~ W So. st.to ,.,orna ~ hnuahi. IIo
wnimpers over ner eea.e "topgs, anu numpiy
implores tnat ner cnalas may DO maae ne
neavier' Or soseieisu aHs pSae. nas s
Deen m q lnvaue1 anu supsrseaeu W sne ueosee VI
.he euera, oour', misuoue eueu pto.ess
tne usurpa.ion: anu now our cn,ei maslsNase
Mno pears .ne inssh.s VI Uur 9ss'e as. so'erelsny
ls stanulns peiore .ue par VI eue ouPrems
Oourt 70 responu 70 its process, anu seems W
e1cite no more concerh 'uan sne Arlaogune1
OF conssaDie Ior maheasance IN once: 4
was ieaIeo, Mr' ePeakSr, y sne lou1uers ol ou.
pohucal system, 'nse .ne nenerai uosernmen,
wouiu ,ack powell Juss sno VppUsso Ias proveu
true; tne cenripe.sl teIuenTaes % nave peen ereas
er tnan tue cen'rnugsi, lne government na'
oeen consolioaung anu me power c9ncen.ta'ine
unnl a. lass naS 'esaa.a w u's,sDuon s .n
higns neiel ARISES .ne grsas ques.vn VI sne uay
the nature OF our ponslca, sys'em-wneeneI
is ncI'oaa' OF Jeae.a'.wns.ner M -n, sovereignty
resides IN tne Ame1lcaa % PeVpie, 90 an ssSre-
gave, or IN .ne People u sne S'ases sePala'si5-
whether tne eta.es naye rigns I" Juug'
Oh the exesns o1 snel. Ieserseu powers
ana 70 oelenu .nem aga,ns' 'ae eaSroaTnSn;' h Tni
OF tne cenuai sofelnmens, VI wnesse. sne % Gu u,
erai 1overnmens I ~ s. ,ne saPrsme la'se oJsn y,
tne reserves anu ueiegaseu powsrs, anu nas
rignt 70 enioroe Ns o"h ooh''fuo'ou asains' "i
opRoslhon:
Inc country Is o,viueu m,9 swU scnools u POI
ttics; w eDster nea0b 0neS anu ORinOun the Otner