The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-01-29

them full and clear recognition of the con
stitutlonal provision, that no person shall bt
enslaved or deprived of his property or life
but as punishment for crime, upon due convic
ton.
| By the act of April 10, 1916, (approved BY
Madison,l to enable the people Of Indiana te
form a State Constitution, and for their ad
mission into the Union, the same terms, condi
tons, and restrictions, which were imposed
upon the people of Ohio, were imposed upon
that State.-( United States Statutes, vol. 3, p
288, sec. A. BY the act of April Is, 1918
| (approved by Monroe,) providing for the form
alton of Constitution, and the admission Of
the State of Illinois, the same terms, condi
tons, and restrictions, were imposed upon the
people of that State.-( United States Statutes,
vol. 8, p. 430, sec. A. The act organizing the
original Territory of Wisconsin, including what
is now the States of Iowa and Wisconsin, ap-
proved by Jackson, and passed April 20, 1886,
provides that "the Inhabitants shall be entitled
to and enjoy" all the rights secured to the peo-
pie of the Northwest Territory, "by the artf
Giles of compact contained in the Ordinance
passed July ID, 1887, and shall be subject to
8 all the conditions and restrictions and prOhi-
6 billions in said articles of compact, imposed
6 upon the people of said Territory United
States Statutes, vol. 9, p. 10, sec. l2.) The
act 4" to establish the Territorial Government
of Oregon" passed August IA, 1848, secures
the same rights to, ard imposes the same con
ditions, restrictions, and prohibitions, upon the
inhabitants and future States of that Terrific
ry, United States Statutes, vol. 9, p. 329, sec.
| Al with the sanction of President Polk, and
with the advice and consent of the great god
father of popular sovereignty himself.
By the joint resolution for annexing Texas
to the United States, the same conditions and
| bx he Of r1a ~. nd bo
vote Of the reputed author of the Kansas. Ne
braska act, are imposed upon the future States
to be organized within that territory north of
360 3O/ north latitude.-( United States Stat
utes, vol. S, p. 1887 The mere fact that Con-
gress did not, in all instances of the erection
and admission of new States, exercise this
power of restriction and prohibition, argues
nothing against the existence of the power.
The mere non-user of legislative power, in
some instances, works no forfeiture of it. There
is a record, very strong record, of restrictions
imposed by Congress upon the people of the
Territories, and upon the institution of new
States. If these restrictions be violative of
popular sovereignty and State equality, Wash.
ington, Adams, jefferson, Madison, Monroe,
Jackson, Tyler, and Polk, are guilty Of that
violation. and were blacl-very black -Repub-
licans. If these statute restrictions were con-
sttutional, what becomes of this Wanted i'm.
prescriptible right of equality of the several
States? If the General Government does not
possess this power over the institution of new
States-if its power is restrained by popular
| sovereignty and State sovereignty, as the Pres
ident avers-then we are but the Instrument to
enforce whatever domestic system Of govern
ment these high powers may establish in the
| Territories, even though it be O despotism
which would make Nero blush, and put Caligula
to shame.
| Can it be that Constitution of the United
States is this weak and wicked invention ? All
your territorial legislation disproves it. Every
| organic act extends the Constitution and laws
Of the z nited States over the Territories. Your
Kansas-N Nebraska act does this. The Con-
stitution, being in force in the Territories, is
| the supreme law. Whatever legislation, there
fore, of the Territorial Government, conflicts
with the Constitution or the National statutes,
is void, and subject to repeal by Congress. The
Compromise acts of 1850, of which we hear so
much of late, and on which the gentleman from
| Georgia Mr.. STEPHENS takes his stand in
terms recognises the power of Congr@ss to
| prevent the taking effect of such acts, by a
simple disapproval of them. I..
| The President recognises the force Of the
Constitution, to restrain the exercise of popular
sovereignty in the Territories, ard the power
| of Congress to repeal such laws as the sover-
| eigns there may pass in conflict with the Con-
stitution. He says that he trusts Congress
will see" that no act shall remain on the
statute-book of Kansas, "violaive of the pro-
| visions of the Constitution, or subversive Of
the great objects for which that was ordained
| and established" 4
Popular sovereignty and State equality can.
not live in the Territories under this power of
| repeal in Congress. If this power Of repeal
ayicfa What Iip,it2 Noth;p, hut Az. ;,,6cr
ment of Congress upon the question, whether
| the Territorial acts vioative of the Constitu.
| ton, or subversive of the great objects of its
| creation? The objects for which the Constitu-
ton was ordained are written upon its face; and
amongst these objects were the establishment
| of justice and the security of liberty. The Kan
| sas acts are subversive of these objects they
| legalize injustice, and put liberty in chains
they deny the right of trial by jury, the right of
hdbeas corpus, the right of freedom of speech
and freedom of the press, and the right of
personal security. Are not such denials of
right subversive of the Constitution, and viola
| tive of its spirit? Let him say no, who can,
or who dare. Now, if this repeating power is
| in Congress, as the President very clearly ad-
mits, and if these Territorial acts be needful to
| support Slavery, and Congress may repeal
| them, what becomes Of Slavery there? And if
Congress has this power over the Territories,
when does it cease2 OF necessity, under the
| Presidents own showing, not while the Terri
| torial organization lasts. When does that ter
| inmate? Only at the pleasure and by the con-
sent of Congress. II
have shown that the Legislative, Executive,
and Judicial departments of the Government
have recognised in the most solemn manner
the principle, that the Territories are under the
absolute control of the National Government,
| that by Congressional enactment Slavery may
be excluded therefrom, and that new States
| can only be formed in the Territories, subject
| to such conditions as Congress may prescribe.
| The affrmance of this power under the Con-
stitution by the gre Test names of the Republic,
officially expressed in all its departments has
been stamped into the adamant of the past,
there to remain forever.
| Under these sanctions / repeat nv propo.
sition, that Slavery may be excluded by this
Government from its Territories-that such
restriction is constitutional, and may be right
| fully asserted as condition precedent, upon
| the institution of new States, and their admis-
sion into the Union. Il
| 1t results from this legislation of Congress,
that neither Ohio, Indiana, Illinois, Michigan,
Iowa, nor Wisconsin, may lawfully legalize Sla-
very therein without violation of plghted faith,
| of the express terms of their several enabling
and organic acts, and of the plainest principles
of the Constitution. They have each SO declared
by their fundamental law; they each complied
with "the statute restrictions" they each prohib-
tied Slavery; and that the essential principles
| of Liberty might be unalterably established"
| they each declared, by their Constitution, that
all men are born equally free and independent,
and have the natural and inherent rights of
| enjoying and defending life aud liberty, and of
acquiring, possessing, and defending property,
and that these rights are INALIESABLE. They