The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-26

wisdom and purity of those by whom il established
more than this ii cannot claim In referring the early
legislation of Congress in relation to Territories have
not been able 10 perceive the general application OF
than one principle, which rs, that Territory politically
considered should be treated embryo State there
ore tine guards thrown around 1t have been mainly those
which would prepare II for republican form of govern
ment, THIS being the only restriction which Congress If
authorized to impose on the constitution of STATE
at the period OF Its admission into the Union In thu
organization OF Territorial governments in the
her days of our republic, find no attempts by Con
gress TO egsate for them. Where powers OF Legislation
were conferred upon The Territorial inhabitants their
laws were to be adopted from The statutes of State
N the Union and 10 show that claim set up b.
me federal government TO regulate property chang
me CONDITION Of PERSONS would reiert the States form
ed out OF the Northwest Territory, which the often
cited ordinance OF 1857 was extended There we find
notwithstanding the provisions OF that ordinance, tina
slavery continued exist as to some extent it still ex
sts in the Stale OF Illinois In the act of l7o3 passed To-
carry out the ordinance of 1857 the following language
occurs: /" Where person held to labor in any OF tn
United States, in either of the Territories on th
northwest south of the Ohio, under the laws thereof
&c, which is distinct recognition by Congress of tn
existence OF slavery IN the territory covered by tn
ordinance OF 1887 and is conclusive against the pre-
tension here set up that by the ordinance of 1877 the
power to prohibit slavery in the Territories was claim
ed exercised, and admitted, The whole extent an
July and ably investigated by Others who have spoken
on the same side of the subject with myself that will no
'ursue this branch OF the investigation further there
Iore dismiss 1t with the remark that whatever OF VALIDITY
they possess is to be drawn from the idea that each
compact ratified by the acquescence OF the States ano
have no other application than 10 the particular
for which each was formed There is. however, mark
ed difference between territory acquire by Joint efforts
common treasure of the States, and that which de-
rived by the cesslon OF particular State In the former
case the sovereignty attaches to the States OF the Union
by the fact OF acquisition, and other functions could
Ne vested in the Congress than those derived from the
constitution In the latter sovereignty and jurisdiction
could be transferred any form which it might please
the g liver and the receiver to adopt it. II, then, Vir
5na or Georgia has conferred upon the federal govern
nent higher powers than would necessarily belong
to its character OF trustee for the public domain, il
could not thence be inferred that equal powers would
be possessed over territory acquired by III.
States. Thus the legislation in one case would form
no precedent for the other because of the different
sources OF authority In this connection, | will no
lice position taken by the senator from Massachusetts
in relation to the cesson made by Virginia of the terri
tory northwest OF the Ohio river He that il
was made to preserve the existing ratio between the slave
and non-saveholding States If, sir have the history
OF that transaction Alright, it was founded far
noble consderations-upo motives alike honorable and
patriotic IN the State which ceded and in those which de-
mandcd the cesson was to preserve that Just relation
between the confedera:es which deemed essential
preserve the equality of the States the prosperity, the
perpetuty, and the harmony OF the Union.
The States OF Maryland and Delaware objected to the
articles OF confederation, because of the immense terri
tory held by Virginia. maintaining that it gave her con-
trolling power which might be destructive of the pros
perty OF the smaller States, il would be subversive of
the equality essential to the conederacy of soveeigns
In the act OF New Jersey for ratyng the articles OF
confederation, this objection noticed, and her dele
gates instructed to sign the articles sin the firm reliance
that the cando and justice of the several States will in
due time, remove as far as possible the inequality which
subssts" The legislature of Delaware passed reso
luons, one of which contained the following:
That this Siae thinks necessary for the peace and
of limits should be assigned for such those
States claim to the Mississippi South Sea,"& NC.
Tn l779 the delegates from Maryland laid before Con-
gess the instructions of their General Assembly. That
paper was an able argument against the propriety
justice of the extensive claims OF of the States to
the western terory strongly exhibited the political and
financial evil which would probably result from the ad.
mission of them; and, after asserting the right of all the
thirteen States to The unpeoped territory common
property, declared:
eve have cooy and dispassionaely the SUBJ
ect we have weighed probable Inconvenience and hard
ships yanst the sacrifice of just essential rights. do
instruct you moi to to the con ede ration unless
tice articles be added thereto in conformity with
declaration
II does not appear that any question of domestic nst
tutons nfuencedhe action of the States upon this sub
ject indeed, opposite conclusion is forced upon us BY
the character of the parties by whom the cesson of this
territory insisted Slave States cannot be sup,
posed to have insisted cesson oil territory, that the
power OF the non slave States should be increased Who
then looked to the gnoble of sections, which il has
been our shame and misfortune to witness Who then
would have consented to any measure which looked IL
the reproduction OF that inequality the revival OF that IN
reference with the domestic alrs of the States which
had caused the revoulion'
The reason most strongly urged was the injury likely
to result to some, from the ispoporonae power OF 9th
ers the object most sought the security which wou
result from equality. In keeping with these the Con.
gress of the confederation in $780, took into considera-
lion the addresses of the different States the subject
the Western territory, and recommended to-
eth Sc States which remove the embarrassment.
respecting the Wesern Country liberal surrender OF "
potion OF their territorial cai,ns, since they BE-
preserved entire wuoat endAngerng stability oi tn
general coniederacy."
And
"Resolped, That it be earnestly ded those
States ~hJ have cla 70 the western ,uutry % pass such
laws and give their 'iegaes in Congress such p,wfs as
tion OF the articles OF confederation"
By force of such appeals. urged by the conviction tha
it necessary to place the Federal Union perm
nent basis, and to make acceptable to all its members
Virginia. with that devotion to the common good which
became the land OF Washington and Jefferson, coded her
rich brhrght, the vast territory from which have arise
the five northwestern States of our Unlon This
concession to secure the tranquility of the Staes marked
by dignity and patriotism in the contemplation o
which patry struggles for political advantage should be
iogotten-is now cited for the apportlOn
nen OF strength to the slave and free States contend
ing parties With what probability 1t be argued tina
Maryland would demand, or Virginia give, for such
|purpose'
No, sir it fraternity not strfe-it the general
good not sectional advantage was the sovereignty
the equality, and the prosperity OF all the States for
which the men of the revolution made their sacrhces
both of and of peace II was to perfect the confed
eration to remove the distrust and dissatisfaction OF
savehodng States, that Virginia coded the northwestern
territory to the stock OF the Union And this ac
of magnanimty, of generous confidence, is now cited
authority against those who weakened by it, Nor
Is it in this alone that the South may complain
such Injuries and unfair construction In every instance
concession has been made the basis of aggression and
The language of Cancellation has been answered by OBJ