Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1856-03-26

the following
Thirteen Of the present prosperous States OF
this Union passed through the period Of appren-
ticeship or pupilage OF Territorial training under
the guardianship Of Congress preparatory to as
surning their proud rank Of manhood as sover-
eign and independent States. This period OF
their pupilage was, In every case. period Of
the good officers Of parent and child, in the kind
relationship sustained between the National and
Territorial government and may be remember
ed with feelings Of gratitude and pride. We have
fallen on different timea. A territory of our
Government il now convulsed with violence and
dscord, and the whole family OF our nation is in
q state Of excitement and anxiety. The Nation
al executive power Is put in motion, the army
in requistion, and Congress is invoked for inter-
ference. In this case ~ In all others of Official
~, II becomes necessary to inquire what is the
true cause Of existing trouble; in order to apply
efficient II is but temporary pailiations to
deal with the external and moro obvious mani
festations and Developments, while the real
prevailing cause lies unattended to, and uncor-
rected and unredressed 1t is said that organized
opposition to Law exists in Kansas That, If ex-
listing, may probably be suppressed by the Pres
ideni, by the aid of the army; andso, too, may
invasions by armed bodies from Missouri, il the
is done the cause of trouble remains the results
will continue with renewed and increased de-
yelopmen;s Of danger. Let US then look fairly
and undisguisedly into the subject in its true
character and history. Wherein does this Kan
sas Territory differ from all other territories,
which have been 80 pe,cefnlly and successfully
carried through. and been developed into the
manhood of independent States? Can that DIFF
ference account for existing troubless Can that
difference as a cause Of trouble be removed?
FUNDAMENTAL CHANGE OF POLICY.
The first and great point Of difference between
the Territorial Government of Kansas and that
fthe thirteen territorial governments before
mentioned, consists in the subject of Slavery,
the undoubted cause of present trouble. The
action Of Congress in relation to all those terri
tories was conducted on uniform and prudent
principle, to wit, to settle, by clear provision,
the law in relation TO the subject of slavery to
be operative in the Territory while it remained
such, not leaving it in any of those cases, to be
subject of controversy with the same, while in
the plastic ghstle of its youth This was done
by Congress in the exercise of the same power
which moulded the form Of their organic laws,
and apo n,ed their executive and judiciary, and,
at the same time. their legislative affairs 1t
was the power provided in the Constitution in
these words Congress shall have power to
dispose ofand make all neediul rules and regu-
lations respecting the Territory and other proper
ty be ong,ng to the United States" Settling
the subject of slavery, while the country re.
maineda territory was a higher exercise oil
power III Congress, than the regulations OF the
functions of the Territorial Government, and
actually appointing its principal functionaries.
This practice commenced with this National
Government, and was continued with uninter-
rupted uniformity for more than sirty years.
This practical cotemporaneous construction OF
the constitutional 1,o,uer of this Government is
loo clear to leave room for doubt OF opportunity
for scepticism. The peace, prosperity and sue
cess W Itch attended this course, and the results
which have ensued, in the formation and admis-
sion Of the thirteen States therefrom, are most
conclusive and satisfactory evidence also, of the
wisdom and prudence with which this po,cer was
erercisei Deluded must be that people who, in
the pursuit Of plausible theories, become deaf
10 lessons and blind to the results of their own
experience. Let us next inquire by what rule
of uniformity Congress was governed in the ex-
ercisc Of this power of determining the conditions
of each Territory as to slavery, while remaining
a Territory, as manifested in those thirteen IN
stances. An examination of our history will
show that this was donr from time to time, by
agtations and local or party triumphs in Con-
gress. The rule pursued was uniformly clear,
and whoever may have lost by it, peace and pros
perity have been gained, That rule was this ::
Where slavery was actually existing in coun-
try, to any considerable or general extept, it
was Though somewhat modified as to further
importations, in some instances, as in Mississippi
p and other Territories) suffered to remain
The fact that it had been taken and existed
there, was taken as an indication of it's adapta-
81 81 i: "a
fact exist, to any arpreciable extent the same
was by Congress expressly prohibited. So that
in either case, the country settled without
difficulty or doubt as the character of its in
stiutions. In no instance was this difficult and
disturbing subject left to the people who had
and who might settle in the Territory, to be thus
an everlasting bone of contention, so long as
the territorial government should continue. 1t
was even regarded too as a subject in which the
whole country had an interest, and, therefore,
improper for local legislation.
And. though, whenever the people of a terri
tory come to form their own organic law as an
independent State, they would either before or
after their admission as State, form and mould
their institutions, as Sovereign State in their
own way, yet it must be expected, and has al
ways proved true, that the State has taken the
character her pupilage has prepared her for; as
Hence, six OF the thirteen States are Free States
because slavery was prohibited in them by Con-
gress while Territories, to wit Ohio, Indiana,
Illinois, Michigan, Wisconsin and Iowa. Seven
of the thirteen are slave-hoklng States because
slavery was allowed in them by Congress while
they were territories, to wit: Tennessee, Alaba-
ma, Mississippi, Florida, Louisiana, Arkansas and
Missouri ~ 1t,. =
THE MISSOURI COMPROMISE AND THE KANSAS ACT
On the 9th of March, A. D. 1920, was passed
by Congress the act preparatory to the admission
Of the Safe of Missouri into the Union. Mach
controversy and discussion arose on the question
whether prohibition OF slavery, within said
State, should be inserted, and it resulted in this
that said State should be admitted without such
but that slavery should forever be
prohibited in the rest otthat counro coded to us
by France, living north of 50 deg. and 81 min.
north latitude, and this contract was known
the Missouri Compromise. Under this arrange
,nent Missouri was admitted as slaveholding
State, the same having been slavehold.nS
Territory. Arkansas, south of the line, was for
med into Territory, and slavery allowed there
in. and afterwards admitted as a slaveholdins
State. Iowa was made Territory, north OF
the line, and under the operation OF the law, was
settled up without slaves, and was admitted as u
free State 1t was so done. The country now
making the Territories Of Kansas aud Nebraska
in | S.i was almost entirely uninhabited, and lay
north of said line, and whatever settlers entered
the same before 1854, did SO under the law For.
ever for adding slavery therein.
In 1854 Congress passed an act establishing
the two new Territories, Nebraska and Kansas,
in this region OF country, where slavery had
been prohibited for mere than &lsearS, and in
stead OF leaving said law assaast slavery in ope
ration or prohibiting or expressly allowing or es-
slavery, Gaasrrss lett the subject in
said Territories, TO, se discussed, legislated on,
from time to time, and the elections in said Ter
riories TO DC conducted with reference TO that
subject, from year to year. SO long MS they sho'd
remain Territories. For whatever laws might be
passed by the Territorial Legislature on this sub
ject must be subject to change orrepeal by those
Of the succeeding years. In all former Terrific
rial governments it vas provided by law that
their laws wcresuhlect to the revision of Con-
gress: SO that they would be made with caution
In those Territories that were omitted the pro-
vision in relation to slavery in Nebraska and
Kansas is as iolows So sE
.sThe eighteenth section Of the act preparatory
ito the admission of Missouri into the Union,
(Which being inconsistent with the principle of
'non-intervention by Congress with slavery in
"the States and Territories, as recognized by the
Legislation of S5H commonly called the Com.