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Show ) 206 TilE MI6SOURI QUESTION. from their masters in one State and going into another, shall be deli vercd up to their masters. * * * * * * 'ro render thi~ right, with other rigl1ts, still more secure, Virginia, in adopting tl~e ConsLitntion, declared that "no right of any denomination can be canceled, abridged, restrained, or modified, except in those instances in which power is given by the Con titution for those purposes;" mtd New York declared that "every power, jurisdiction, and ri ght, which is not by tlte said Constitution clearly delegated to the Congr' s of the United Stutes, remains to the people of the sevcrnJ States, or to their re pective Slate governments." Several of the other Stutes made similar declarations. But the States were 110t content to declare their rights. .An amendment to the Constitution declnres that, "1'he powers not delegated to the United States by the Constitution, no1· prohibited by it to the States, are reserved to the States respectively, or to the people." The right to own slaves bei11g acknowledged and secured by the Constitution, can yon proscribe what the Constitution gum·antees? Can yon tonch a right re. crved to the Slates or the people ? You cannot 1 * * * * * * rr you possessed power to legislate concerning slavery, the adoption of the proposition on yonr table, which goes to emancipntc all children of slaves hereafter born in Missouri, would be a direct violation of the Constitution, which provide that "no person shall be deprived of property without due process of law; nor shall private property l>e taken for public nse, without jn. t compensation." If you cannot take property even for public usc, without just compensation, you certainly have not power to take it away for the purpose of annihilation, withont compensation. And if you cannot take away th<tt which is in exis· TilE M.ISSOURI QUESTION. 207 tence, you cannot take away that which wnl come into exis .. tence hereafter. If you cannot take away the land, you cannot ta.ke the future crops; and if yon cannot take the slaves, yon cannot take their issue, who, by the laws of slavery, will be al 'O slaves. You cannot force the people to give up their property. Yon cannot force a portion of the people to emancipate their slaves. * * * * * * All legitimate power proceeds from the people. And although an i11('gitimute power may be impo .~ cd by force and submitted to from necessity, it cannot bind the people longer than the force and Heces. ity arc pr sent. Such was the power which the British Parliament exercised before the Revolution over these then colonies ; and such was the power asserted by the Congress of 17 87 over the North· western territory. But, as the declaration of the British Pnrliament, that they bud power to bind the colonies iu an cases whatsoever, does not bind the people of these Stales; so the Ordinance of 1787 does not bind the people of Ohio any longer than they please to submit to it. It was an act of illegitimate power; and it cannot bind those who are the source of all legitimate power. It is eveu doubtful whether the Oruinance was duly passed. By the .Articles of Confederation, the concnrrenr:e of nine States was necessary to important transactions. 'rhe power exercised was not gi vcn ; and of the powers which were given, those of making appropriations and treatic~ most resemble the power exereiscd. It was necessary that nine States shonld concur in exercising either of these powers. Only eight Slates were present and concuring in passing this Ordinance. It has been said that the restriction on the introduction of slavery northwest of the Ohio river was proposed by Virginia, and that the Southct·n States unanimously agreed |