Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-01-19

oiolly different state Of things sxislS.
j. T'hO pFoperty,or land on which they settle,
10 owned by every other citizen of the United
Statee, AZ we'll as themselves. They are but
tenants Ia common. They 60 on to property
held in trust for all. And until division takes
place through the agency of the United States
government, in her disposition of the public
domain, by virtue of1her trust powers, no in
dividual citizen has title TO that which he occu-
pies.
2nd. No citizen so emigrating and occupying,
has any power to question the right of any 9th.
er citizen as to the description of property he
shall bring into the Territory; nor can he do
anything TO lessen the value OF such property.
And as to the question Of protection Of property
we need not recur to that fact, as no govern
ment, whether State or Territorial, Can have
any proper existence without the protection ol
all property, and on failure Of such protection,
whether in State or Territory I, it becomes neees
sary for free people 10 resort to the exercise
of their sovereignty, TO secure that which theil
political organization has failed to afford
Slh. We hold it to be erroneous to say that q
Territorial Government has power to legislatt
adversely 10 the possession and protection oi
property In slaves.
9th. We hold Ito be equally erroneous. il moi
absurd, to say that the Congress Of the United
States has power, under the Constitution, tC
legislate slavery out OF a Territory without the
corresponding power to recognize its existence
OF security, within such Territory.
10Th. We hold that the Congress Of ths
United States, possessing but part even of the
truat power, has no control whatever over the
subject OF negro slavery in any territory of th'
United States.
Ilth The question has arisen as to what time
81 oc Of ha IInitah SEataa
should have the right 10 exercise such rights OF
sovereignty, as are adequate to the establish
msnt OF State government for territories.
The Constitution fixes no time, or event, OF
epoch Aud We can see no just reason why
they Dhould have the right to exercise that pow
er until they are competent in numbers to meet
the constitutional requirements Of State.
A late Attorney General advances an opin-
ion which we cannot adopt: IL is
"That the people Of territory must wait until the
great powers Of sovereign State are regularly conte
red" upon them aud properly Limited" so as to pre-
vent the gross ebuses which always accompany unIe-
stricled power In human hands"
He evidently looks somewhere else than 10
the people for the residence of sovereign power.
We think that the period for the exercise OF
this sovereignty, might very properly be ixed
by population; and TO arrive, whenever the pso
pie OF territory shall be in numbers, equal TO
the ratio Of representation 10 the House OF
Representatives of the Congress OF the United
States; and having created, and adopted an or
ganic lsw, conforming to the requirements Of
the Constitution, would then, and not iii the3,
be of right, in the full exercise OF sovereign
power, equal to that Of the people Of any 9th.
er OF the States OF he UniOn.
~ Il would be against all Constitutional
right, and repugnADt to every principle Of JUS
tice, If in the creation Of such State Govern
ment, the people in convention having decided
that the holding OF negro slaves In the State,
should be prohibited, should fail to make the
adequate provision for the protection OF the own
er OF such slaves, thfn existing within ibe lin.
its Of such State, against all loss, or li4bilty Oi
loss, in consequence of such determination.
l3. The Constitution OF the United Statea,
and the laws of Congress, are equally IN force
| in Territory as In 8 State; and consequently,
tho same protection Of slave property exists in
| Territory as ia State. The operations OF The
fugitive law ere equal, a.d tho duties Of the
Marshal and tie Court $50 Identical; and,
whenever the Federal Government shall have
afforded protection to peEson and property In
q Territory, aud have provided for the execu-
ton OF her trust, az here ses forth, she has per
formed her duties, and exhausted her powers.
IA. All property known as such TO the Constl
tuition snd Laws of the United States, OF TO ths
Constitstion and laws OF any State, can be tR
ken by the emigTant to any territory. and there
held under the protection OF the Constitution
and lava Of the United Statesi and no po6e
exists on the part of Territorial GoveFnmen
or the people, TO prevent the introduction enc
holding Of such property whilst such Territoria
/ Government exists.
| Is. We think that our Democratic friends Il
| he II nhnldino GtaA hova onu IN
error In not having sought relief from the griey
snces of which they complain, BY demand upol
| the Federal Government for rigid enforcement
Of the Fugitive laws, and by proposing and ad.
yoostng such Rmondments TO the Constitution
| az would specifically remedy existing defects
| and mako plain all doubtful rights and powers
and duties, previous 10 their having resorted u
the last great remedy for political and persona
Injustice. It would surely have looked bette
| in history, II they had exhausted the constitu
tional means Of redress, before they bad appeal
ed to the ever existing power Of revolution.
The Democracy of Delhi In placing thes
views before their fellow citizens az this time
seek not to urge upon their consideration an!
new Constitutional doctrine, but they fully be-
lieve that their judgement as herein expressed
will, whenever cases involving the legal an,
Constitutional questions noted, are brought be
fore the Supreme Court ofthe United States 70
adjudication, be confirmed and sustained.
The startling events that are now rising Int,
being, and forming one Of the most appalling
epochs of the worlds history, are but the newt
able consequences Of the aggressive sctionsof
political party, apparently reckless of all conse
quences resulting from the indulgence OF a ia
natical creed blended with criminal ambition
And 1t now rests with the Democracy OF th
State Of Ohio, acting, We trust, in unison Wit
our patriotic neighbors of Kentucky and Vir
i ginia, and the Democratic masses of the borde
States, and uniting with every true man where
ever found, to allay the storm and turn aside j,
angry waves; not by the impotent threat of vic
lenos, but by the irristible power of truth an
right.