New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-21

Il
"iDe .ou,ee % MAJ D, erecting the Territory Of
,.s;ana. a rovcrnmin as PROVIDED =" Ia all respects
Ss;";,s, 10 that provided by the ordinance OF Con-
sun. ns.sed july Is l7s7 for The government Of
~ Terrtory Of the Iiied States North of the river
Ohio. and tie inhabitants shall enjoy ell end sinsu al
" The righis priv yes and advantages grained ah1
8 secuIed 20 The people By the SAID ordnance an9
.hs ssrae powers werv conferred aud duties eaioned
ros Ia officers as had been exercised by the on e
81 Die Northwestern Territory under the sail oru''
parce. -
District of Louisianato Indiana TcIntory power was
given 10 the Governor and Judges 70 mas IA iamS
which they may deem conducive 10 the goou govern
ment Of the Inhabitants thereof, ana ,. wac a'so
fur1her provided that the judges shah hiso PVsooS
tie same jurisdiction they possess IN t'e lh1laue
Territory" This arrangement, however was OF
short duretion for in j ss than year 'he Vi
louisiana was erected by a law when TOOK eneci on
e fourtb day Of July following, and Congress then
sssted the entire legislative power in the Governor
I'D judge securing iIial by jury in all criminal pros
cations and in all civil cases involving over bu1-
ssd dollsrs If demanded, and saving oil laws previ-
oy in force IN the district aud not inconsistent WIN
De act OF Congress
The act OF 1872 changing the name OF the Territory
q Missouri, and taking effect on the first Monday OF
pecember following, provided Tor more eihclent and
CROUCH organization, and WINS much moro cOmD1c-
iafsye in details vesing the legislative power IN
.(enfrnl Assembly, bat taking 20 provide that
The teople shoud always be entitled to Judicial pro-
"ceCdings according 10 me course OF the common INV
and tho laws and usagos in force ia the Territory and
that TIC laws and ulations in force IN the Tern
story Of Louisiana at the date Of the act and hot III
consistent Herewith, should continue IN force until
achaDged by legislative Assem- ply
The act Of Congress organizing the territory OF
Eeusas doee not alter the Cor gresslJne legislation as
IN on the first Monday OF December, 1912, and It's re-
suls through the Territorial Legislature, except that
rueals all former laws recognizing or pr0hbun{
Gverv and applies all laws Of the United States not
scslly inapphcabe, by which we ore to understand
Il United States statutes enacted for OTHER localities
rbch aIe capable Of Jeiug transported and adapted
. our Territory
Tn lie, slature of the Territories of Louisiana and
Eissour enacted Of course, many general laws, and
snoI then, ia stoiu'e OF January -, 1916, adopting
for The Territory Of Missouri the common law and the
English statutes in aid thereof pror to the fourth year
Of James ], with some qualifications.
From this summary, the length of which has been
unavoidable il appears that the laws Of the United
States not insppicabe 10 our ocay-the laws OF toe
Territory of Indiana made between the goth OF March,
1s4 aud the Sd of March, 1906. elacted for the Dis
tit of Louisiana-ihe laws Of the Terri ry of Lou
yisna-tbe laws of tie Territory of MissOur-the
common law and the law Of the Province OF Louisiana
a the time of the cesson, except 80 far as the latter
have superseded the foruerstl remain in force in tho
Territory Of Kansas.
As The common law to a considerable extent was
adopted for Territory by Congress as late as 1872
and Nv the Missouri Legislature rs late as 1916 and
"a il pcrhaDe the most complete and comprehensive
S1stem IN the world il has without doubt superseded
and supplied a great amOunt OF the law previously eX-
sne I'm this mass Of conflicting legislation, how
gyer it will impose uoon your Courts much en-
barrassrnent and trouble to decide the questions of
implied repeal which will continually arise, and |
would therefore call your attention TO the necessity OF
caring this evil by some legislation which will declare
distinctly which OF these previous laws are IN force
and which are not.
There are many specific subjects Of legislation, some
Of which are expressly referred to you 10y the bill or
gspizin our Territory and hers spring from the ne
cesstiea of our community. Prominent among them
i the question whether shall build Government
upon the basis OF free or slave labor Claiming as We
do the same capacity for seCgovernmen our follow
citizens Of tho Siates with far greater II not an OK
elusive interest ia the institutions and laws which are
10 exist among US compelled alone 70 bear her bur-
Sens and entitled alone 10 claim their benefits; wis
dom Justice and fairness would dictate that those laws
and Ts uiions side of the Constitution OF the United
States should be nodded by ourselves, stimulated by
the absorbing interest we tol IN hem rather man pY
be represensyes or citizens of other states who are
no NOR. coUpctent % the task than we-whO have no
stake with us in their results, and who would most III
dipnanty repel any offer OF reciprocity from us In as
asiing 10 mai age CIR unalrS'
Tho provision of our Territorial Organic Act Sc
rrts w This right and Is founded in the true doc
fr;pea of republcanism IL may be exercised IN
ve,ious degrees and in various ways, ana
whenever il ID called into action II cannot ie-
si,;wetcl, he attended with that excitement winch
"a incident to The sgtation of the Slavery question
i'm The erection Of an attack upon constitutional
rghts 40 agitation of that KIND, such as we nave
sfcn uJnsriOusly pros cued IN the past history OF
o.,r ,uttrv Nv the dertfuctive spirit Of abOhu0osm
con ver ho nroouc'ive of aught but evil, and ia cal
in an eminent degree 10 Obscure the glOres oi
lie posi to evoke the iouest spirit OF dsc9ru aions
citizens of our common country anu hiso 10 i''
orr brilliant future, n not 10 ehudhseI the eNS'cVV !"
our cherished Union.
A want Of fidelity 10 the solemn eompacts OF the
Constitutiop and an attack upOn the rights OF the
Sates which guaranteed by IT, can have no JUST
foation o. excuse. This view oil tue case however -
NOT 10 be cOt founded with the discuss IN ana sec-
mont Of the Slavery question, In our Territory IN MS
bearings upon the formation of our institutions Ihat
has been referred 20 us rs IN open question oy tne
legitimate action of the uat11n, aud hence It Is not only
he prviege but the duty OF every man to speak ms
~ nious freely and enforce them peaceably aud iarly
Advocate and opponep stand on the same ground aud
must mutually cOnccNo 10 each other me lueh'ca'
1neasure of RIGHT which tSy claim for themse Ives.
Freedom OF opinion and freedom OF discussion, with
ont HcenouRness OF the very essence OF repubhcan'
lam At al times. are peculiarly 10 be respected mere
The permanent character and high authority OF a
State Cor stutiOn and lie fact OF ITS submission 10
a dinect vote of the people Of the Territory nllcae
TINT event as signal occasion for the decision OF that
rfculisr question In the meantime, however Terri
toral Iesaturc may undoubtedly act upon the ques-
ton 10 limited and partial extent, and may TEMPO
ranv prohibit tolerate or regulate slavery IN the
Teuitofv and in an absolute or modified form win
all the force and effect of other Legislative aci,
binding until repealed by the same power that eH-
acted no..
Among the several Oh cots Of legislation which are
reeutd o your action b the act organizing the Ter
ntory ID the creation ald defining oi counties, Tue
poucomueiion of TIE surveys would seem at frat 10
rcopire resort to natural boundaries IN the perform
apcc oi uiis work out irom map of prolecied sur,
VOC made i'm the Office of the Surveyor-Generai ana
andy fnrnis cd me for the purpose, is prooabe th'
county lines may bo designated in advance a. leSs
over a portion Of TIE Territory. You "li decid'
whether It is cxpedicut o. provide thai me sau uesis
nation shall be made before the lines are run on th'
ground. Ofthe eighteen ranges east on The base me
go. Z l,tf,a onf