Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1857-02-21

.suissa VOL. Ill, No. 81.
'sto the ordinance of July l3, 1872 UNITED
estates Statutes, vol. 2, p. LA, sec. 5.) Whencs
didsth Congress Of 1902 derive the power to inn
pose this restriction upon the people of Ohio as
a condition previous to their organization into Q
State and their admission into the Unien? Not
from the ordinance of 1887; for that was super
seded by the Constitution, and ceased to be law
or the source OF authority upon the adoption OF
the Constitution. The power was, and could be,
derived only from the Constitution to impose this
restriction. What was the effect of this restric-
tion Manifestly, to impose upon Ohio, as .
State terms, conditions and restrictions, to which
the States were not subjected.
: Those terms. conditions, and restrictions were,
that by her Constitution and Government, Ohio
should forever exclude slavery from her Terrific
ry, except as punishment for crime in due convic-
ton. that no man should, within her limits, be
deprived of life, liberty, Or property, but by the
Judgment of bis peers and the law of the land,
and that private property should not be taken for
public use without just compensation, and that
all the inhabitants should always enjoy the benz
eits OF habeas corpus and the trial bv jury. II
Ohio had tolerated involuntary Slavery by her
Constitution, or had denied to any man protec-
tion of life, liberty, or property, trial by jury,
her Constitution would have been repuqnant to
the ordinance. contrary to the enabling act of
1902, violative Of the fifth and sixth amendments
OF the Constitution of the United States, and she
could not have become State or have been ad-
mitted into the Union. Her people so understood
it, and framed their Constitution accordingly
What was the result of this? That Ohio was
admitted by act of Congress into the Union, not
s''upon the same terms with the original States,"
but upon the express condition as State she
should not engage in the foreign or domestic
slave traffic, and, as a necessary consequence,
that she should not, like the original States, have
or be entitled to q slave representation on this
hoor. Call you this equality of right? Why
was Ohio in the Union five years prohibited by
force of Congressional enactment from engaging
IN the foreign slave trade, which all that time
was being carried on by the original States The
ninth section of the first article of the Constitu-
ton did not oblige Congress to deny to Ohio this
privilege; it only restrained Congress from pro-
knitting the traffic in the original States. Why
was Ohio prohibited from importing slaves into
her territory from abroad, or engaging in the do
nestle slave traffic; and why were all the States
OF the Union, and the citizens thereof. denied by
force of this Congressional ssstatute restriction
upon the institution" of that new State, the al
legged imprescriptible right to traffic in slaves
therein? Most certainly because no such right
ls derived from, or sanctioned by, the Constltu-
ton and because new States can only be formed
and admitted upon such terms as will require Of
them full and clear recognition of the Consti.
tatlonal provision, that no person shall be ensla
ved or deprived of his property or life, but as
punishment for crime upon due conviction.
BY the act Of April 10, 1916 (approved by Mad
ison), to enable the people of Indiana to form q
State Constitution, and for their admission into
the Union the same terms conditions and restric-
tlons which were impose upon the people of
OHIO, were imposed upon that State. Omitted
States Statutes, vol 3, p. 288, sec. 4.) Bv the
ACT OF April IL, 1878 (approved by Monroe), pro.
Vidng for the formation of constitution and
the admission of the State of Illinois, the same
terms, conditions and restrictions were imposed
upon the people Of that State. (United States
Statutes, vol. 3, p. 43O, sec 4. The act orsani-
zlng the original Territory of Wisconsin, inclu.
ding what is now the States of Iowa and Wis.,
consin, approved by jackson, and passed April
~, 1886, provides that ssthe inhabitants shall be
entitled to and enjoys all the righ.s secured to
the people of the North West Territory s.bv tho
"artices OF compact contained in the ordinance
''passed July l3, l787 and shall be subject to all
"the conditions and restrictions and prohibitions
sin said articles of compact imposed on the reople
of said Territory (United States Statutes.
Vol. y, p. 10, sec. IL The act s:to establish the
territorial Government Of Ore son,'' passed Aug.
Il, l74S, secures the same rights To, and impo-
ses the same conditions, restrictions and prohi-
bltlons upon the inhabitants and future States Of
that Territory Omitted States States, vol. 9, D.
S39, sec. l4), with the sanction of President
Polk, and with the advice and consent of the great
godfather Of popular sovereignty himself.
By the joint resolution for annexing Texas To
the United States, the same conditions and re-
strictions, by the approval of TYLER and the vote
OF the reputed author of the Kansas Nebraska
act are imposed on the future States to be organ
ICED within that Territory north of 36 deg. 80
min north latitude UNITED States Statutes. vol.
0, p. 1881 The mere fact that Congress 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 legisla-
tive power, In some instances, works no forfeit
ure OF it. There is 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 volative Of
popular sovereignty and State equality, Wash
lngton, Adams, Jefferson, Madison, Monroe,
jackson, Tyler and Polk are guilty. Of that vio-
iation, and were black-very black Republicans.
Ii these statute restrictions were constitutional.
what becomes of this vaunted imprescriptible
right OF equality of the several States9 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 President ayers- then we are
but the instrument to enforce whatever domestic
system OF government these high powers NAV es-
tablish IN the Territories, even though t be a
despotism which would make Nero blush, and put
Calgula to shame. ~ Tos
Can it be that the 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
ne United States over the Territories. Your
kAnaAas sko MT Aoo sks
oeing N force in the Territories, is the supreme
law. Whatever legislation, therefore, Of the
territorial Government conflicts with the Consti-
tuition OF the national statutes, is void, and sub
Ject to repeal by Congress. The Compromise acts
OF 1880, of which we hear so much of late. and
on which the gentleman from Georgia (Mr. Ste
pnens) takes his stand, in terms recognizes the
power OF Congress to prevent the taking effect of
sucn acts, by simple disapproval Of them.
Ihe President recognizes the force of the Con.
ttution to restrain the exercise of popular Sow
ereignty in the Territories, and the power Of
Congress to repeal such laws as the sovereg gns
there may pass in conflict with the Constitution.
de says that he trusts Sc Congress will see'' that
no act shall remain on the statute book of Kan
sas, 'yiolative of the provisions Of the Constitu-
tlon, or subversive Of the great objects for which
''that was ordained and established"
Popular Sovereignty and State Equality cannot
live in the Territories under this power Of repeal
10 Congress-. this power Of repeal exists. wh 1t
IS its limit? Nothing but the jugment OF Con.
gress upon the question, whether the Territorial
acts are violative of the Constitution or subver.
sive Of the great objects Of its creations The
objects for which the Constitution was ordained
are written upon its lace; and among the objects
were the establishment of Justice and the securi.
ty Of Liberty. The Kansas laws are subversye Of
these obJects they legallze njust,cs and pus Lib.
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