The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-03

raiion this bill was perfected has recently broken the
agreeable than II volunary-and has entered the
crusade OF mock beneyoence by clamonng for national
legislation in the domestic OF the people OF the
Territories By way of correcting the public Judgment,
and OF furnishing common northern touehstone of pro
faith, he has consented, reluctantly doubtless, 10
and revised edition OF opinions upon this veXed
question: in the form OF letter, which, considering the
source, and the object designed Is entitled to passing
tice While | shall not deny his right to sting the
heart the great and generous party which warmed him
INFO lfeo beiray the hand that had nourished and up
held hm-tO blot ont the records OF his fame, and
blacken through all time the recolectons associated with
his name and hstory-he should not be permitted to
msstae the proceedings he invokes to nterpolae for
the provisions not there contained Ii is not
matter OF either personal local moment 1t concerns
the whole people of the confederacy and the integrity of
the Union This attempt TO foster gation upon sub
ect rife with danger and OF fearful interest and TO raise
up sectional party-by one too, who has shared so
largely the honors OF his country conferred him by
a common hand-demands an examination before the
people of the Union that they may determine whether il
induced by considerations OF Duty or Is the magn IN
fuences of long cherished revenge.
In the communication alluded to- in speaking OF the
power of Congress slavery in the Territories and in
the Dsric, OF Columbia, he says
The question OF power certainly clear in pect
The Territories it is in regard TO that Districts and
the Territories, opinion also made known in still
Iuired by the constitution the bill for the organization
the Territorial government of l9wa which prohibited the
| introduction OF slavery into that Territory"
The opinion expressed that the ''power to dispose of
and make all needfu rules and regulations respecting"
the property of the United States coners the pow
of legislation persons that express grant
thorZing exclusive legislation does, entitled to all
the weight ii gain IRON able and experienced bat
disappointed and resentul statesman But as we can all
read the question: and the proceedings in relation
thereto If his statements of its provisions found to be
erroneous, his superstrucure will fall with his founda-
ton.
moments reference TO the law, as approved by him.
will clearly establish the fact, that ''the bill for the
ganization of the Territorial government OF Iowa" did
not he asserts in his letter. prohibit the introduction
|
As have before stated, the bill organizing Terrific
rial government for Wisconsin did, in ambiguous Ian
guage, contain such prohibition 1t is contained in
clause of the twelfth section of that act which reads
! follows
SEo. r. Aad be it further enacted That the inhabitants
OF the said Territory Shall entitled enjoy ali aud sim
guiar the rights, privileges, and advantages granted
secured to the people Of the territory OF the United States
northwest OF the river Ohio by the articles OF the compact
contained in the ordinance for the of the said ter
t9 o hs a a aa ln s' e.
u sad articles Of eompaei imposed np,n he people Of re said
and secured to the Territory OF Michigan, and to nhab
shall be extended over said Territory, far the
shall not be incompatible with the provisions of this act
by The and legislative assembly of the said Terri
tory of Wisconsin and further the laws OF the United
said Territory so lar as the same, or any provisions there
OF, may be applicable"
The conditions, and restrictions, and prohibitions"
in the ordinance enacted in the foregoing section of the
Wisconsin territorial bill, supposed to contain the
prohibition against slavery The twelfth of the
bill organizing territorial government Tor Iowa, reads
| as follows
"SEc. r. And be further enacted That the inhabitants
of the said Territory shall be entitled to all the rights priv
the Territory Of Wisconsin, and inhabitants and the
existing laws OF the Territory of Wisconsin shall be
compatible with the poyso of this subject,
hees SIS to be altered modified q repealed by hs
further the laws of the Unled hereby nded
over, and shall be in force in said Territory lar the
| aIle or ANY vision
read both sections entire. 1t will be that,
the latter section, the clause enactng the conditions
and restrictions, and prohibitions" OF the ordinance of
1877, which includes the slavery prohibition in the WB-
consin bill, does not appear in the Iowa tW.
1t will scarcely be commended by any lawyer states
man. that granting 10 a community "rghts, privileges,
and immua,es, imposes ''restraetaons and protibi-
tons" Congress certainly did not understand it in
enaclng the Wisconsin bill; for after granting the sim
nunes," they enacted the restrictions 1t could not
have been necessary negative the restrictions" in the
Iowa bill by saying that they were not intended to be
imposed The failure to insert was all that was neces
say. Had Congress designed 10 impose the same soon
ditons restrictions, and prohibitions in the Iowa bill
were contained in the Wisconsin bill they would have
been placed there cypress terms The proposed pro-
viso in the Oregon bill contains, in express terms, the
prohbltory clause, will be seen by the l2h section
reported by the House committee, Which reads fol-
lows
That the inhabitants of said Territory shall be entitled 10
all and singular the rights privileges and granted
ana seeued 70 te people the @ oS tns oea states
tanned in the ordinance for the government OF said territory
the 18th Shdl sutecf 10
all the condtions and RESTRICTIONS and prohibitions SAID
articles imposed upon the prophecy said Territory
II may be urged that the provision extending the then
existing laws of Wisconsin the Territory of Iowa
carried with it the slavery restriction The laws there
referred were the local laws which had been enacted
by the Territorial government of Wisconsin This is
evident from the fact that they subject to alteration,
notification repeal by the governor and legislative
sembly of Iowa, and could not have contained unaera
Bile" or "undamenal'' provisions The same clause ap
pears in the Wisconsin bill extending the existing laws
of the Territory of Michigan over that Territory. The
bill establishing Territorial government for Iowa does
not anywhere make that Territory subject TO the provs-
ions of the tar establishing the Territorial government
of Wisconsin. Each Territory has law providing for
its organization, separate from, and independent OF,
each other
Thus much for the prohibition of slavery, rather the
failure prohibit it, in the establishment of Territorial
government for Iowa. under the Solemn supervision OF
President Van Buren,
But let pursue this territorial bill little further and
whether the precedent established by him in the
OF the Territory of Iowa not, effect, the same
system which he so strongly denounces The 9th
section of that bill reads as follows:
''SEo g. lind be IL further enacted, That the Legislature
por of the Terrorg shall erttnd to all righta subjects
primary disposal oil the soil. shall be imposed upon
properly of the United States, shall the lands
other property nonresdents be taxed higher than the
lands property OF residents All the laws of the
governor and Legislative assembly shall be submied
dsapproved of by the Congress of the United States,
the same shall be null and void
y this section il will be SEEM the legislative power OF
the Territory was extended TO all rlghtul subjects OF
legislation II provides however that law shall be
passed interfering with the primary disposal OF the soil
that no tax shall be imposed upon the property OF the UNI
ted States and that the property OF residents and resi-
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