Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1856-04-30

~ 4 !. ~ 80 49, go
~ = 49,
s n. s.g Sc, IS. 4
T. @ 3. Id = - edOpsea
"a u. ssas!s ! .. s ssnssansng pfosi
ls.s y. g 81 .ssa esssssA kae N.
49, 49,. g - deafss r. fke I
nests.sae S1ssvs1es vhsea - changed by |
ssus.ai cogeee "a TO ysasAsn sNatt<ssbie for |
~. ~. ~ y. + lpsss prosides thai
- AZ ~ ~ eseeMes Slavery noe invoinn
Wy ssss ~. Y ~ I'D Territory, otherwise
suau y ~ Psn.sul'ent Of tstnpeAy Shcfeof the |
pAssy sneA ave betn duly convirted
:. I'm 80 M sct Of thss thifssen scvsrcign |
states whise heid together By Astisaes Of Confsd-
e e e nd ~ Ne naoEsa fsFrs q Z regular
treaty between tndependeAs nats0ns. II was IN |
form mere isw - CotsGfsss subject 10 repeal
Or modilcaaaon q ~ vii q The majority but |
had ~ he moral esenents OH acompact, q bar
gsds. c0nclnded, signed. and sealed between high
contrsctlsE PaEti4s-un interchangeable IN fts very ma
ture without the concent Of al the parties 10 in
sssest And thns it was pubIished and SCOUT
teced BY the people Of all tie States and Teriso
mes. None were then found to complain Of the
restriction, and 70 demand stbe right 10 carry
snesr property 70 men and women into these
Iesritories. 80 completely confented we're al
ne original States North and South, with tins
settlement Of our Territorial policy, that ~ the
/ &
adopted u the year 1889. confering on the cen
teai Goscrnmens Ill The essential elements OF ~
uonaiity, nothing = said On this su4)ecs, oniy
that
The Congress snan nave power g DISPOSE o.
and make Al aee1iul rues snd regulas,ona re-
specting, ne tsff.tosy g otner properly neiong-
ing % % me Cn.see Ssas =
ING Sos =, 81 sne Ie!r.orres u NO. even
aaHieu. LUZ VAC peen p'osoca iof " tnc osui-
nance OIL l381. DfOFl4l0u older than the 20 aStI.
su.on, y h.ca Eeuaihed uncusnseu
ny an act passea 2. INC is.st Song.ess Inc ",
ahahce va modineo, anu oecia1eu " " IN .u'
iofce eao 70 ~ Prosis'cus ~ WIG ce.Dsequen1
iesisiauoh OF Songress quietly coht ormea ioF
more tnan thiiiy Year,.
am aware tnat an oDIectioh y 70 y ie conclusive
ness OF TINS act Of GOT sgress mas pcen
urged WIN great Agn,'y oy lne nonosaple Sena
tof HON ueofHs, Mt. . ., =, on thls noo',
lev Gays since, ana also u speech recently ue
!verea Dy ann N Doston. lhat may 40 nun no
inlusIlce, read rom .nc latter because IN ~
.ulnh w ~ esented WIN nlofe c'eai
.ss as.s - fengtn than ~ ms Ieseu'
y. ~ reply ~ me honorable senator iroih
new ~, hampshire. U II. HALE.I lie says:
roHi snese Ia sts It is clear tnat TINS iegisia-
tion lot the NOT thwest Territory does not con.
ibct WIN .ne principle assert, anu uoes my
iurhlsn = p ecedent Tor hostile iegls.auon ny
congress y kainst Slavery in the isrri'ories.-
mat sucn was neither the prncipie nor .ne
potcy up ON which TINS act OF congress IN log
was pa sed, is further shown by the subsequent
ac.'oh OF the same Congress upon tue same
suoJ ect On the I'd Of April, liSa, congress, py
.ormai, act accepted the cesson py Nor.n
aroma OF her western LANDS, lhOW the State
81 Tennessee, with tins clause IN the deeu o.
:. cession: That no regulations mace, OF 70 pc
made, by Congress, shall tend 70 emahcip pat,
'lavcs' In the coded Territory; ana on Ine zo'p
day 179u, passed Territorial Oil LOT the gov
'rn,nent OF all the territory claimed oy the
United States south OF the OHIO river. The
description OF this terri DRY Included ali the
auds coded by North Carolina, and 1t included
I, great deal more. Its boundaries were lett
Indefinite, because there were conflicting Claims
Dall the rest OF the territory Bat thus act put
ne whole country south OF the OHIO claimed
~ the Federal Government, Under TINS T {,
slavery clause OF the North Corollna deed. Inc
whole action OF the First Congress IN relation 10
slavery in the territories is SIMPLY TINS: Il az,
Iuiesced IN a Government Tor the NortnWess
Territory, based upon pre-existing An'i-sl'.-
very Ordinance, established a Government Tor
he country ceded by North Carolina IN soh
| ornity with the Pr0-Siavefy clause IN hcr ueeo
of cession, and extended tins fro-Sfaver CLAUSE
o all the rest OF the territory Claimed by the
United States. This legislature Slnaicates the
first Congress IRON all imputanon OF hay'he
Established the precedent claimed oy the advo-
.ates of Legislative exclusion. On the TN OF
April, 1873, (during the administration OF fresi-
lent John Adams, the next Territorial net was
passed; it was the first act OF Territorial iessi-
ion resting solely npon primary, original, I'M
settered, constitutional power over the SUBJECT.
| II established government over the territory
included within the boundaries OF line drawn
Inc east from the mouth OF the I uzoo river 10
The Chatahoochee river, thence down that 10
he thirty.hrst degree OF norm latitude, thence
west on that une TO the MISSISSIPPI tneh up that
river to the beginning. rms territory was win,
| IN the boundary OF the uniteo states, as denhed
| ny the treaty OF Taris, anu was hela NOT 70 oe
within the boundary OF any OF the states. The
controversy arose ont OF thiSstate OF facts.
"ihe charter OF Georgla lim'ted her boundary
IN the south Dy the Altaniana river. IN Ifeo,
tatter the surrender OF her charter, her limits
we're extended on the south, oy the Cro"h Oh
treat Britain, TO the 81: Mary river, ana thence
on the tnirty-hrst parallel OF autade 70 the MIS-
siss'ppa river. In iio4, IL was Claimed, that on
ne Recommendation OF u'e board OF trade, the
| BOUNDARY was again Altered, ana tnat poruon Oh
erritory lying wlthin inc boundaries nave de-
'crloed was annexed TO west Florida, anu that
nus 1t stood at the Revoution ana treaty OF
| peace. therefore, the United states claimed II
! As common properly, ana III ilso passed the act
now under review ior IT'S government. In that
,ct, congress neither claimea nor exercised an!
| power 70 prohio!t slavery. Ahe question CAME
irectly before it--the ordinance OF 1857, IN
Germs, excluding the Anursiavery clause was ap-
piied 70 TINS territory. ms is precedent d.
rectiy ID point, ana Is directly against the exer
| use OF tue power now claimed. ! 1907, Geor-
ga ceded her Western lands, protecting Slavery
IN her grant, ana the Federai government OBJ
served the stipulation.
The honorable Senator argues against the con
cusiyeness OF the Ordinance OF l7S7, as a legls-
| live precedent, by citing the organic Law passed
in I79U, for the territory south of the Ohio rlv-
er, to which the clause of this Ordinance exclu-
! ding Slavery was not applied; and, Also the or
game law OF the Territory OF Mississippi, appro-
we'd in 1898, to which all this Ordinance was APP
.,led in terms, except the clause excluding
Slavery.
To this reply, that the act of 1890, although
general. applied practically only to the Territory
| ceded by North Carolina-now the State OF Ten
lessee Tennessee was an inhabited country
As early as 1888, she had made an effort to Sc
1 -. ny I, "