Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1855-11-21

u organizing sbe earliest fcrritoria, ruref.h
Enens. which applied 70 al the TERRITORY swned
by the United States at the formation Of the con-
ssiaufions there - proof conclusive Of the Views
and opinions of the CREST men afihat day on the
duties and obligations Of the federal government
in regard 10 the territory without the limits Of
the States The idea Of sovereignty in the ter
rI'osies, or Sovereignty in the inhabitants or
MF1atiers who first sarased tiither was an abb
sur5ity that found not solitary advocate Con
gress made laws and appointed officers for the
government Of the people whos were gathering
10 there from other States and countries. differ
ing in habits, in institutions and lava. Time
was necessary for the emigrant TO get acquaint-
ed, 10 assifniiafe and become Homogeneous. and
until this could be accomplished, and there was
4 population sufficient TO Justify their being re-
cognised Is distinct community. they we're urs.
! der the immediate supervision and guardianship
OF Congress and officers bv them appointed.
When the population reached FIVE thousand, they
i were allowed to have a representative assembly
but not before prudent and wise provision for
n discordant and heterogeneous collection, in
stead of leaving them without law and
without government. In this there was
no abandonment of duty BIZ Congress, no legis-
lation, no establishment or recognition of the
doctrine of squatter sovereignty.
l Congress proceeded further than this At
that period the right Of primogeniture prevailed
in many of the States, and otherwise different
regulations in regard to the descent of property.
Congress in organizing the territory struck at
the root of this evil, and ordered that the pro-
perry of all persons dying intestate should be
equally divided among the children or next of
kin in equal degrees. This. though since adopt
| ed in most and perhaps all Of the States was
great Notwithstanding to establish
great principle for the squatters which wond
have shocked modern demagogues. 1t was also
| enacted that there should be entire religious
| freedom in the territory--trial by jury and the
habeas corpus. Lastly it was ordained that sa-
| very or involuntary servitude, except for crime
| should forever be prohibited in the territory. As
/ this last ordinance received unanimous vote
| with the exception of one solitary member
! from New York, the whole of the congress of
that day, committed what the Washington Union
| would now pronounce a breach of ''fealty," to
| the present administration party-were section
| aiists, and opposed to territorial sovereignty,
a cardinal principle of faith in the admin:stra-
| ton party creed. esa
This was the first territorial government ins.i-
tuted, and it has been considered as wise and be-
| nihcerit; and certainly no portion of the earth
| has prospered like the northwestern territory
The territorial Legislature, some years subsequent
~ in the exercise of the territorial powers with
| which they were invested endeavcred to procure
| the abrogation or suspension for term of years
ofthe ordinance respecting slavery, and, on sew
era occasions petitoned Congress to that effect
But Congress would not listen to the application,
and insisted that the territory should be devoted
to freedom. In fact the whole federal legisla
ton, until recent PERIOD was restrictive to-
wards slavery-abolishing it in all the territories
coded by the old thirteen states, except when
prevented by express provision in the deeds of
cession, and limiting and modifying it in the
tarr irpl nv AS 10 oh
stacle from territorial sovereignty" to this be-
nefcent legislation, none was made or suggest
ed, for the modern folly of the propagandists
was unknown. State sovereignty, and State
rights we're guarded and maintained with vigi-
lance and fidelity, and were not degraded BY
placing them on footing of equality with de-
pendent territories. The territorial govern
ment north of the Ohio was cotcmporaneous
with the constitution. In 1890, North Carolina
having coded her western territory, Congress
proceeded to organize government for it, un-
der the name of the South Western Territory"
This government was similar to that already
formed for the Northwest with the exception of
the ordinance in relation to slavery, and Con-
gress as has already been stated, was precludcd
from passing any law on that subject BY the
deed of North Carolina, transferring jurisdiction
Full and ample sovereignty was conveyed to the |
United States in all other particulars; there was |
ritorial sovereignty. Until she Invested herself
of sovereignty, the government of North Carroll
ma was as full, complete and perfect what is
now Tennessee, as over her present limits; that |
sovereignty was not surrendered to the squat |
tiers, nor to the territory but to the United States
Again, in 1902, Georgia made sale of soil and |
jurisdiction with a like reservation in regard to |
slavery. Now, if squater sovereignty was or is !
the true theory of the government as maintained !
by this administration, would those resolutions !
have been made, and all other powers coded? |
Clearly not. The States making the surrender |
and transfer qualified their ccssion, and inter
posed check against what they knew to be the |
prevailing opinion of the country, aud therefore !
did not, as regards those terr cries, invest Con-
gress with full sovereignty over those territories
on the subject of slavery. ~ /
Sovereignty is an attribute that does not and ,
cannot belong to the territories If they were i
soveregns, they would not occupy Il territorial |
position. The states are sovereign; but, for |
their mutual benefit each has parted with Ger |
tain specified powers to the central government,
reserving to itself all ungrantcd powers Sovcr- |
eighty over the territories is vested in the trcr-
al government, not in the territories, and the |
sovereignty thus vested was limited aud restrict |
ed by the States of North Carolina and Georgia
as regarded the southwestern territories.
The acquisition of Louisiana led to other and |
additional legislation, presenting some new tea-
lures in our territorial history, but exhibiting in
none of its aspects or phases recognition of
territorial sovereignty. either as regards slavery
or any other subject. There were doubts in the
minds of many, and of Mr. Jefferson himself, of
the constitutional power to make such purchase |
But if the purchase were legal, no doubt whatev-
err was entertained of the authority to protect
and govern the territory. 1t was not proposed by
MIR. Jefferson and his associates in this emergen-
cy to turn the domain they had acquired over to
squatter sovereignty. If possessed of the power
to purchase the country, tie Constitution ex-
pressly authorizes Congress to make all laws
which shall be necessary to carry into effect the
foregoing powers, and all other powers vested by
this Constitution in the government of the Uni
ted States or any other department thereof -
The power of acquiring the territory being con-
ceded the lesser and Necessary power to make all
laws Tor guarding, preserving, securing, protect
ing and governing the territory acquired BY the
greater power follows of course. To abdicate
sovereignty in the territory purchased, on the
slavery question or any other, was not proposed
by Mr.. Jefferson, who was then President. Dis
lngushed through long and eventful life for
nus love OF liberty and profound regard for the
rights OF man, first among the foremost in assert
ng the independence of his country--the author
aot only of the Declaration of Independence and
he statutes for religious freedom, but for the ;
lrst PROJECT 1or organizing territorial govern
nents within the old original limits of the thir-
cen states it was his fortune also to make the
irst acquisition of territory to his country, and '
o preside at the Inauguration of the first terrific
'ial government instituted within that acauisi
ion. But his broad PHILANTHROPY, his advocacy $
If the ability of man for selt.government his ]
craftsmanship, did not degener- S
tie into the modern folly of 'squatter sovereign
" t
After the purchase of Louisiana, which already
ontained population of about fifty thousand, q
here was division of the territory; all above
he thirty-third parallel of north latitude was an
exed to the territory of Indiana, or the north
Western territory; Ohio had been previously in k
S02 admitted as state. So that the jurisdic- b
ion OF the northwestern territory or Indiana ter
tory in 1904 embraced the whole region ives, Il
f the state Of Ohio, and north of the Ohio river i
N the thirty-third degree of north latitude, Gov
ring the present states of Indiana, Illinois, Wis
onsin, Arkansas, Missouri and Iowa, and the
erritories of Kansas, Nebraska and Minnesota "A
n the following year Upper Louisiana was made a
distinct territory, and the legislative power was
not on representatives chosen BY the u
aoD, hut was wasted in the Corarrnn II