New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-21

April 20, ls02, and approved By ysfirson, provides
| ths; the people may form q Constitutions and State
Government provided the same shall Be Rspablesn,
ard pOT RKPUeyArT 70 the orfissoce Of July IL,
49," United States Statutes vol. ., p ia sec.
81 Whence old the Congress Of So derive the power
20 impose THE restriction upou she people ~ Oaio e
condition precedent 10 their organization into StSe
| and their sdmnsicn i1ip the uniJnl No. iron the
ordipsrce Of l7s for tat .uper-e1ed by the Con
stifuton and osased TO be law the Of author
y upon the adoption of the Consultation. The power
vas and could be- derived only from The Consultation
10 iutoee this reetieon What the effect of this
restriction hsnifestiy to impose upoa Ohio ~ a
State terms cond tons and restrictions TO which he
| s; afes were lot subjected
Those terms conditions and res rictiOus were, that
by Der Constitution and Government Ohio should for
ever exclude Slavery from her Territory except Sc
pupi, bmenf for crime Cue convictions; thst 10
should within her Limits be deprived Of life, liberty, or
property but BY the ud gment Of bis peers and the lsw
Of rhe lard ard that private properly sh ,ud not De
taken for public use wtbo 1t just compensation, snd
that al The Inhabitants shou always joy the benefits
of ldbeas corpus and the uisl by jury. II Obi, had
tolerated voluntary Savery by her Constitution. or
bad denied to any man protection Of life Liberty, or
property or trial by jury her Constitution you'd have
been rtpvgrant to the ordinance contrary 70 the ems.
bling at of 1902 volstive of the 9Th and sixth amend
ments OF the Constitution OF the United States ana she
could not have become S'ste or have been admitted
into the Union. Her people so understood II, and
framed tbeu Constitution accordingly. Whst ~ss tne
r. suit Of this That Ohio wss admitted oy &C, o. Con
the original States but upon the express condition that
ss State che .houd engage in the foreign or do
NE site slave traffic and as a necessary consequence
that .be should nor ike the original States, have or oe
entitled 10 slave representation on this hcoE Can
Won this equality OF right Why was Ohio In the Unon
i've wears prohibited by force OF Congressional en,ct-
meni from engaging in the foreign slave trade Which
al that time WAS being carried on oy the orgnsl
Siates1 The ninth section of tire st article OF the
Constitution did not o,ge Congress TO deny 80 Quo
this privilege il only restrained Congress from pro-
kui ing this traffic in the original States. Why was
Ohio prohibited from importtng slaves into her territory
from abroad, engaging in the domestic slave ratc
and Why were all the States Of the Mon. and the cu
zen. thereof denied, by force Of this Congrs siona
sta ute restriction upon the institution OF ths ne~
S ate the all ged imprescr1ptbe night TO uaihc In
slaves therein Most certainly such right IA
derived from or sanctioned by, the Constitution; and
because States can only be formed and adm ted
upon such will require of them full and ceN
recoe Of the Consuui nal provision that per
son shall be eDslaved OF deprived of his property or
life but as punishment for crime upon due conviction.
B, the act Of April 10, 1916 approved by Mad seo),
TO enable the people of Indiana 10 form State cOnsn
tuition and for their admission into toe Union the same
tenn conditions and restrictions which were imposed
upon the people of Ohio, were imposed upon that
State. United States Statutes, vol. 5, p sS, sec.
By The act Of April Is, 1918 approved by Mnnroe)
providing for the formation Of constitution and the
admission Of the State of Illinois, the same terms, con-
6itions and restrictions were imposed upon the people
of that State. United States Statutes, vol $, p 49,
q
Wisconsin including what is now the States OF Iowa
and Wisconsin, approved by Jackson, aud passed
Anil 20 1896 provides that tie inhabitants shall be
entitled to and ENJOY all ,he nights secured 10 Tue PEG
ple of the North. West Territory by the articles OF
compact contained in TIE ordinance passed July Is,
"l7s7 and shalt be subject to all The conditions and
",estrctlons and prohibitions In said ARTICLES OF com
Upset imposed upon the people Of said Territory
United States Statutes, vol. 9, p ID, sec. ~ The
act "to establish the Territorial Government of Ore.
gon passed Aug IT, 1913, secures the same rights TO-
and imposes the same condition. restrictions and pro-
Additions upon the inhabitants and future States OF that
Territory United States Statues vol g. p. 39, sec
IA with the sanction of President Polk. aud with the
advice and consent Of the great godfather OF popular
sovereignty hlmseif. a.,
ITIied Saies the conditions and restrictions, by
the approval and the vote of the e2uted author
Of Kansas Nebreska acl are imposed ON the future
States be organized within that Territory north OF
36 deg 80 min north iauds Upited States s. stu;es
vol 5 D 1881. The mere fact that Congress did not
in all Instances of the erection and sdmssi)n OF new
States exercise this power of restriction and pronl0I'
fon argues nothing against the existence oil the pc yer
The Ii ere Of legislative power 10 some IN
star ces works 10 forfeiture CT Il There a record
very strong record of restrictions imposed by Congress
upon the De ople OF the Territories and upon the ns
tuion Of new States If tbese restrictions be vi1stye
Of o. pnar sovereignty and State equality, Washington
Aoans, Jefferson, Madison. Monroe, Jackson, Tyler
aud Polk are guilty Of that violation, aud we're black
very black-Republiclns. IL these statute restrictions
were corr ttutoDs what becomes OF this yauhted in
piiole right Of equality OF the several yates
The General Government does not Possess this power
over the ustiuton Of new Stateslt ts power 10 re-
s aimed by popular sovereignty and State sovereignty
A. the President avers-then are bat the Instrument
10 enforce whatever domestic ystem of government
these high powers may establish IN mo Territories,
even ,hOul il be adespotsm which would make Nero
blu,h and put Caiguls to shame.
Can il be that the Constitution Of the United states
!. this weak and wicked invention All your territorial
legislation dbpTovesit Every yanc acs extends ne
C0nsti.utiop and la~s of the United etstes over the
Territories. Your kansss- Neoraska act docs TINS
The Coz sttuton being in fvIce IN The Territories,
the supreme law. Whatever legislation, therefore, OF
the TIE utoral Government conflicts with the COnsu
tuition the national statutes, Is VOID ana satee' 70
r.real by Copgresp. The Compromise acts OF 1880, OF
viii, hear mnch Of late, and oa which The gen
h.nan from Georgia Mr.. Stephensl takes his STAND
in erms recognizes the power ot Congress 10 prevent
the taking Effect Of such scts oy siIhP'o uS~PP"'"
OF them. 80, , ..
The Pre-, dept recognizes the force Of the COLsttu
tion 10 T, strain the eIerclseof Popular Sovereignty N
the Territories, and the power OF Congress 10 IepSa
suob laws as TIE soyeregns there my pas. In conflict
with the Constitution. He says that he trusts Con-
eless will SEE" that act Sd 81. remain on the statute
book Of Ks1sas yiolstve of the provisions OF the
Cors.itution or tubSesiye OF the great oDJeci Tor
(which that ordained and established.
Popular Sovereignty and State Equality cannot i've
in tie Territories under this power OF repeal IN Coh,
gres. II this power Of repeal eIsts, wna' IL ishl
Sohicg but the Judgment OF Congress upoa tbs ques
ton whether the Territorial acts ss y'olstiy7 o. toe
Cons.ution or subyesve of the great objects OF lis
c,et;onT The obi. cts for which the Constitution was
ord.n,d are written upon its face; and among these
obi, ctr we've the establishment of Justice and the IS
curly of Liberty. The Kansas sets are 'aoyetve Oh
III Sc objects they legaZe Injustice, and put lAoerty
in ctains; they deoy the tight Of trial by jury, the
night Of tebeas corpus the right OF freedom OF sPeech
and fredom Of the pres and the right OF personal Sc
Gu i,y Are not such denas Of nsht suovefsTs q .ne
Constitution and voative Of ne spi'it Let hm say
NO Who can or who dare. Nov if this repeating ger
h, 10 Congress az the President very clearly admits,
al q tie.s Te1ifnlial aets be needuI % supP0ft