Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1862-02-05

leges OF the original States. But as that
right of traffic in slaves was contiped to
the original States, and with the evident
design of aboishing the whole system,
even in them, it is clear that Congress had
no power to extend the rights 50 called of
slavery to the new States, and what was
without authority is void and may be le
gally set aside.
Judge Peters, / think it was, in the
great slave case in Pennsylvania, in COM
menting upon the use of the word person
instead Of slave in the constitution, said it
must be understood in the light of the his
tory of that instrument, and if we apply
that rule to the present question it will
show most conclusvely that the intent Of
the trainers Of the constitution was to keep
this gigantic evil out Of the new States
and confne it to the original ones, with a
view to its determination; for the ordi-
nance of 1887, prohibiting slavery in any
of the new territories, out of which the
new states must come if they came at all,
was in force, and it was the expressed will
Of the nation when in 1889 the constitu-
ton was framed The light of history,
then, shows that the meaning and intent of
the constitution was TO abolish and not
guarantee slavery.
The third and last place in the constitu-
ton in which the word person is used and
construed to mean slave is in article 4,
section 2, So, which relates to fugitives
from service; and granting what is claim
ed, that il means slaves and not oppren-
tees, there is in it no guarantee Of the sys-
TEN, but simply recognition OF the rights
of property made SO by the laws OF one
State in another, the same rs of horse,
which, if it escapes to another State, can
be pursued and recovered under repleyin,
which vas evidently the mode Of recover
inc slaves contemplated by the constitu-
ton; carrying with it trial by jury if re-
CURED But this does not guarantee
the system of slavery, but simply the re-
covery of what the laws Of the State
make property, and this could apply only
while the s. stem was expiring.
There is one provision of the constitu-
lion bearing upon this subject which seems
to have been entirely overlooked by both
the opponents and advocates Of slavery
1t has been affirmed by one and admitted
by the other that Congress has no power
over slavery in the t rritories, without the
consent of the State But article 6, 81,
saws, .This constitution and the laws Of
the United States which shall be made in
pursuance thereof, 4 shall be the SUI
preme law Of the land, and all the judges
in every State shall be bound thereby;
anything IN the constitution or laws of any
State to the contrary not withstanding. -
The question now is, what powers are
vested 10 Congress? and what laws would
be pursuance thereof? for all such laws
override and control the constitutions and
laws Of all the States conflicting there
with.
Section s, article l, SIT, in enumcrating
the lowers of Congress, says, "To make
all avs which shall be necessary and prop
er for carrying into execution the forego-
ing powers and all other powers vested by
this constitution in the government Of the
United States" &c. This omnuna gather-
I'M covers the whole ground, and includes
all that it is necessary to establish and
maintain the government; and If any
thing grows out of the constitution and
laws of any Stale which conflicts with or
mpedes the powers of the government IN
the executive, Judicial, revenue, postal, Or
military and naval arrangements, congress
has power to make any and AL laws neces-
sary and proper to remove the obstruction.
Row that slavery has done all this mis-
chief will hardly be questioned; for take
what view we may of the cause Of the re-
teIIion, slavery was the root ana basis
from which it sprung. The plea that they
could no longer rule the country, or be-
cause Mr.. Lincoln was elected, grows out
of the interests Of slavery. No complaints
or fears could have existed if slavery had
not been at the bottom Of it. It. there
fore, becomes Unnecessary and proper" for
Congress to abolish and remove the exist
inc obstacle to carrying into execution"
.tbe powers vested by the constitution in
the government of the United States. -
Here is point that should not be forgot
ten. Every function of the government,
including even the name of the govern
ment, is DISTRACTED, and, if the rebels
should succeed, abolished within the rebel
states for the purpose Of establishing new
government, the chief corner stone Of
which shall be slavery. 1t Is, therefore,
imperiously necessary and proper TO
abolish the system in order to sustain and
perpetuate "the government Of the United
States" It is net only in the power Of
Congress to tbs, but il is its imperlous du-
". Il is undeniably the law that when
the power to do thing is conferred on
person or body polite, it is bis Or their du-
ty to exercise that power when occasion
occurs therefor. This power was conferred
for the very purpose Of sustaining and per-
petuatng The government now when the
existence Of the government Is threatened
What could be more "proper' and what
could be more necessary" than the remo-
val Of that which threatens and endangers
the government? and what duty could be
more imperiousIy demanded Of that or any
other BODY in like case! Men may cayiI,
bubble, hem and haw over it from pfecon-
4 {. i u..>~...,r,,.a <,,,snia..c. htlf here IL