The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-04-21
THE TERRITORY OF WESTINGHOUSE SLAVE
RY EXCLUDEDl

The New York Express denies that slavery
is excluded from the Territory of Washington,
organized at the late session of Congress. The
subject is one of great Importance.
The bill establishing q Territorial Govern
ment for Oregon was passed August 3th ls4s,
and received the signature of the President the
next day. The l4th section provides as follows
"The inhabitants of said Territory shall be
entitled to enjoy all and singular the rights,
privileges, and advantages granted and se.
cured to the people of the Territories of the
| United States northwest of the Ohio bv the
articles of compact contained in the ordinance
for the Government of said Territories, passed
on the 9th July, 1887, and shall be subject to
all the conditions, and restrictions, and prohi-
billions of said articles Of compact, imposed up
on the people Of said Territories"
Among tho rights, privileges, and advanta-
ges secured, among tho conditions, restrictions,
and prohibitions imposed, by this ordinance,
is the following:
"There shall be neither slavery nor involun-
tary servitudo in the said Territory, otherwise
than in punishment of crimes whereof the par
ty shall DO convicted: provided, always, that
any person escaping into the same from where
labor or service is lawfully claimed in any one
OF the original States such fugitive may be law
fully reclaimed and conveyed to the person
claiming his or her labor or service, as afore-
saidn
Exemption from Slavery is one of the cad
vantages" secured to the inhabitants of Oregon
by the fundamental law; or, using another
phraseology, ono of tho prohibitions in its or
ganic law enacted by Congress, is the pro-
hibition of slavery. This prohibition applied
to the whole Territory, and has never boon re-
pealed.
Does the division of tho Territory repeal the
law securing to the whole Of it the rights,
privileges, and advantages, of the Ordinance
OF 1887! IT they were merely technical, re-
latng only to the form Of government and if
they were inconsistent with the Governments
established in the two sections OF the divided
Territory, We suppose the answer would be in
tho affirmative. But they are not technical,
not formal they do not regard the mere forms
of government, nor are they inconsistent with
that of either portion Of the two Territories
they were intended to be secured to the whole,
and to determine its permanent, social and po-
ltical condition they are no less applicable
to the portion Of territory set of under a sepa.
rate Territorial Government, than they were
when it was part and parcel of the original
Territory Hence the Ntp York Evening
Post assumes that tho articles Of compact o!
the Ordinance of 1887, 80 far as they were en-
acted as fundamental law for the Territory OF
Oregon, constitute fundamental law for the
Territory of Washington, which was part
Of it.
We could wish that this view might prevail
with the Courts; but what would be the
opinion Of such man rs J. X. Miller, of Ohio
lately appointed one Of the Judges Of Wash
ingtonl
We must confess we are not satisfied. II
seems to us that Washington, by being set of
as distinct Territory, under Government
of its own, which contains no recognition
whatsoever of the Ordinance Incorporated in
the bill under which Oregon was organized
has been taken out Of the range of that Ord
nance Its only legal protection against Sla
very, in our Judgment is in the absence Of an,
iaw ,ciihin ITS limits establishing or recognising
the institution but however conclusive Thu
would be, were the Judiciary Of this conntr.
undebauched by Pro-Slsvery influences it II
not satisfactory in the existing condition o
things, where the composition of our Terrific
rial Conrts is under the control Of Pro-Sla
very Administration.
We presume our friends in the House o.
Representatives, who supported the Washing
ton Territorial bill, may have acted from q
misconception of the 6llowipg section: