New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-05

h ,cgsrded A. the original 90 which subsequent ~
tempts emancipa;e the Territories rom me conroi
Of the Federal Government before thty naEe 's PoP1
ation necessary % give them representation IN 1oh
gress NAV BE- referred Whatever the doctrine may
be considered ~ the present day u derived A,e ~
port from Republican sources then u Was oiVu4-'
forward bv Mr Trscy an able and respectable Federal
it from Connecticut On the division, which was cal
ed on his motion % strike for the purpose Of insert
ing his amendments 10 received but egnt soe. in-11
ing bic own They were given ~ limothy f.'seIih.
snd John Quincy Adams Of ha,sacnuset1s TITAN ira
cv .be mover and James HlnOuse o. Connecticut
James A. Bsvard and stephen White Of Delaware
simeon Olcoff Of New Hampshire, and James JarA-on
OF Georgia With the exception o. UT. JACKSON 81
49, -r.Ier,or we're Federalist- for t not until
several wears later that Mr Adams acted WIN me re-
lu bIIcsn party Some o. them were among me or2At
est ornaments Of the Federal party Of thar day ana az
were strenuous opponents OF Nr Jciers0ns ADMINS
ration Against these eight Ayes were twenty -four
Noe. given By the great BODY Of Mr. Je7crson- sup
porters and Of biz opponents Among the former
were Baldwin Of Georgia Giles Of Virginia and smith
Of MARYLAND The supporters % the measure were,
with one exception. Federalsts. and opponents Of Mr
Jefersons Administered on. IT. opponents were chiefly
Republican,. and supporters Of his Administration
AZ the same Session u Congress memorials were
presented % both Houses Of Congress from the nhaot
ants OF the Territory Of Orleans. and from the Dstli
Of Louisiana The former prayed 20 be admitted nne-
diaely the UniOn and insisted that they nao f4ni
% such admission under the treaty q cession me a
ter asked for 2 TerritOrs. Government; inc Whpf
Territory or District Of Louisiana. A. . was cnel "
ing north OF the 33d parallel Of latitude neFih. peet
virtually subjected In respect % the admini-ir-ion 'i
its legislative executive and Judicial powers Dis ''F
ernor and Judges Of the Indian Territory pa poth cases
the inhabitants prayed for the privilege o. lnp9I.hR
slsves These memorials were referred, in ne h9l.e
OF Representatives % Committee OIL "hcn ny sohh
Randolph was Chairman.
On the 9th OF January. ls0J, Mr. Randolph made q
report which vii boz found AZ page a. OF VOL ~ amer
lean STATE Pspers printed by Gales -eaton concud'
ug with resolution that provision ought 70 Do made
by law for extending % the inhabitants o LOUISIANA
the right Of self government This TesOuuon was
agreed f0 on the 2-th Of January, without DIVISION
Mr. Rsndolphs rey port while asserting that " every
INDULGENCE not incompatible with the interests 81 the
Union should be extended % the inhaoitani Of Louis
ANA and while declaring that the object OF the Com
rniften Wa % give % Louisiana government or li-
own choice administered by officers Of IL own sp-
pOinfment" maintained 81 the same time mat IN re-
commenting the extension of this privilege 70 inc
people of that country, II was not me luten.on ol
the Committee that 10 should be unaccompahltd pf
wise and salulary restrictions Among these may Dee
numbered prohibition OF the importation on foreign
slaves equally dictated Dy humanity and policy here
follows an enumeration OF other restrictions 20 which
may be added for farther -ccu1fyJ that such of the
lave ~ may bee disapproved by Congress, within
limited time after their passage. SHAH be- Of no force
and effect
The report of Mr Randolph asserts, 20 the iull eT
tent The night Of Congress 20 provide for the govern
eminent OF the IerrOrcs 20 impose on them sucn re-
-trictons ~ demanded by the Interests oi ine
Union and % prohibit fue Introduction OF slaves from
foreign cuuufrice measure of humanity and policy
such the action Of the two Houses Of Congress
tnia subject involving the question Of Welding 90
ne inhabitants Of Territories the control Of their own
domestic afair- and evempung their legislation from
the supervisory and repeating power of Congress. DO
we r. gard 10 os party measure. al the kepuohcm
sanctions of that day were against it ana II we con
slider % as political question % 'e determined, with
regard o. ifs complexion by reference o. the genius
0f our institution. il b. singular that those who were
most deeply imbucd with the spirit OF kepubicanlsin
should nave been arrayei against IT,
I.ff
mediatcly before u.s. s motion is made 90 strike out
the 18th section OF this bill The section provides lst
That the inhabitants of the said Territory shall De- IN
titled % all the rghts privilege and immumues mere
toore granted and secured 10 the Territory OF Iowa
aud 30 its inhabitants.
ID. That the existing laws now IN force in the Ter
r.tory OF Oregon under the authority Of the Plov--
'ional Government established by the people trerco.
shall continue be- valid and operative therein. -o i1
as the same boz not Incompatible with the provisions of
This Act subject nCysrtheless 20 be altered modified
on repealed Boy the Governor ami Legislative Assem-
b.y OF the aid Territory OF Oregon.
80. That "ihe laws OF tine United States are hereby
extended and declared 10 be n force n said 'r-
ut0ry far as the same or any provision thereof may
bo applicable
ln order 10 see what rights privileges. and jmmuni-
es the people of Oregon 90 acquire wc must refer
20 the oct organizing the Territory of Iowa The i
sect ION of this provides that inhabitants Oi the
said Territory shall be entitled 20 oh the rights priv
egcs and immunitcs heretofore granted and secured
TO thc Territory OF Wisconsin and s inhabitants, &C.
~ must next nave recourse 10 inc net ofEdNihii-
the Territory OF Wisconsin. The l2th section OFT ini-
act prov dcs chat the inhabitants of the said Terrific
~ shall Boz entitled 20, and enjoy all and singular ihe
h-hts privileges aud advantages granted and secured
the people of the Territory of the United states
northwest of the River Ohio. by the articles ul lf
compact contained in the ordinance for the govern
mcut of the said Territory. passed on the 18TH day o
July l1-t and shall be- sub cot % al the conditions
and restrictions and prohibitions in said articles
of compact imposed upon the people oil the s"n D ,f
ritory"
win bc seen that there is essential difference p
ihe language Of the TWO sections The 18TH section of
tnc act organizing the Territory of Iowa secures tie
right. privileges nnd immuuuCs secured % the Tern
tory of Wisconsin and ts inhabitants. including the orr
d,naucc of 1,1 bui 10 does not expressly impose tHe
conditions restrictions and prohibitions contained M
that ordinance. Now. ] suppose the exclusion of
slavery from the North west Territory hy the orti
nance s % be referred rather the class of restrr
uons and prohibitions than o. that OF privileges and im
muufe- Under sucha construction of the act slavery
would have been excluded from Iowa hy the l2th
section of the act establishing Government for that
Territory. nor would t be- excluded from OREGON ty
chat portion of this bin which secures 10 the nhabit
ants the rights, privileges and mmunites heretofore
granted and secured the Territory of Iowa and is
inhabitants
know there il a difference of opinion in respect 20
the true construction of the twelfth section OF the act
organizing government for the Territory of Iowa
The senator from Maryland Mr. Johnson. whose .t
gal opinions entitled 20 great weight Is OF opinion
that the slavery restrictions contained IN the twelfth
section OF the act organizing Territorial Government
for Wisconsin from which Territory Iowa was taken,
are embraced In thc twelfth section of the act establish
ing a government for the latter The Senators from
North Carolina and Georgia hlr Badger aud Mr. Her-
ricn. consider the conditions, prohibitions and rcstrc
uons imposed by the Ordinance Of l,-'. on the one
hand and the rights, privileges and advantage secured
ON the other As distinct substantive propositions of
which the latter only embraced in the twelfth sec
zion OF the lastnamed act And although VIII nos un-
dcriake decide between them confess This seems 10
the most reasonable construction. Practically, TINS
question was OF no importance rs 20 Iowa. as Slavery
was excluded from that Territory which was part Of
Louisiana by the Missouri Compromise
Let look the eXt provision OF this section
which consider the most important Il declares that
the laws existing in Oregon sha. continue 20 be
valid and operative, Sc.
One Of these laws contains prohibition OF slavery
will read IL 10 i article one section four. of the
ganic laws OF Oregon.
There shall be neither Slavery involuntary servu0s
said Territory Otherwise than for the punishment ~
crmes whereof the party shall be duly convicted"
This prohibition i adopted by the section am con
siderug and the exclusion OF slavery VIII, for the
time be complete as though were expressly pro
hhed by an adoption OF the amendment offered by the
senator from New, Hampshire and subsequently with
drawn by him That amendment subjected the Territory
oi Oregon 20 the restrictions and prohibitions o. the
ordinance of l1-1 IL would have been perpetual eN
cluson of slavery and IN this respect dhcr- from
the twelfth section ~ u stands For instance under
this section the inhabitants OF Oregon might rcscnd or
repeal the law prohibiting slavery this set o. repeal
would into immediate effect and slaves could be- n-