The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1858-09-16

Re recognised there until PROHIBITED By THE
TERRITORIAL LEGISLATURE - how
does this happen. we repeat, when the most
prominent men, both North and South, were
hostile to slavery How docs this comport with
the constantly repeated Republican assertion
that slavery cannot legally exist in the Territor
First. as to the provision which the
editor emphasizes with italics and capi-
tails. We have not copy Of that act,
but can find no intimation of such q pro-
vision being contained therein. in the
many references we have concerning the
case in question and We are inclined to
think that the editor got this information
| from the same source whence he derived
that about the Ordinance of 1897, name
ly: that the clause contained therein, pro-
hibiting slavery, was placed there in ac-
cordance with an express condition made
by Virginia in the deed of cession. We
believe both assertions to be equally false,
although they both initiate against the
very position that he has quoted them to
support. ,4 1ss.
| AS to his inquiry how it happened that
the Territory south Of the Ohio, as well
as both the Mississippi and Louisiana
Territories, were formed with Slavery,
we have 10 inform him, what almost ev-
cry school boy knows, that it was simply
because Congress was Prevented by the
conditions of cession, from prohibiting
it, and not because there was no desire on
the part of that body to do SO. North
Carolina, in ceding the Tennessee Terri
tory. expressly provided that Congress
should pass no law abolishing slavery
therein, as did also Alabama and Georgia
when they coded the Mississippi Terri
y tory. At the time of the Louisiana pur-
! chase, Slavery existed therein, and twas
condition Of that purchase that the
Il rights Of property as then existing should
II not be interfered with--that Slavery
# should not be abolished therein-ane
: therefore Congress could not, without
h violation of contract, do otherwise thai
ALLOW the institution to exist. These con
ditions, however, only go to prove tina
the power Of Congress to prohibit wa
at this time fully admitted, and that an ex
press obligation was deemed necessar,
to prevent it from SO doing. That tn,
institution would have been abolished il
these as well as in the Northwest Terri
tory. had they been ceded unconditional
ly with regard to it, as was that domain
:. is proven from the fact, that Congress
deprived the citizens of both Mississippi
and Louisiana Territories from all partic
ssns sA.e slave 5FAdee sssE ylSx year
:, Not only that, but in forming govern
y ment for the Territory of Orleans. i
D. 1904, out Of the Louisiana purchase,
" provided that no slave should be take
s. there, from within the limits Of the Uni
ted States, except by citizen Of the Uf
ted States removing there for actual sci
Element. and being at the time Of sue
removal bona tide sowner of such slave
:. This is blow at the domestic slave trade
: land shows that the men who formed tn
!, government, where they could not who
:. ly abolish the institution, threw all posi-
BILE restraints about it. to prevent il
growth ; and also shows that Congress
!, claimed and exercised the power to de
= prive the citizen Of territory of right
!, and privileges which. as a citizen of
state, he possessed.
- 1T makes no difference whether Congress
would abolish slavery in Virginia, or would pre-
rs hibit the admission of a State with slavery
70 the one is meddling with slavery in tn State
= the other isalso because Territory is, to al
} intents. just as much State, as soon as it ha
q adopted a constitution as though it had been il
= the Union century"
This is another peculiar and origina
. doctrine of the Ciyilian-thata territor,
is State as soon as it forms constitu
, ton. Pray, is not Kansas just as mucl
territory now, as she was before bel
half-dozen constitutions were framed p
Is Oregon State because she last winter
sent constitution TO Congress, with al
application for admission If she is, bel
citizens certainly don't know it. And
: why does it attack State Sovereignty any
more TO refer aconsiitution back to the PEG.
Iple on the ground of Slavery. than upon
any other ground There have been sew
: eral conditional admissions Of States, as,
for instance. our own. Congress admitted
Iowa on the condition that she should
make her constitution conform 10 certain
stated requirements. Did Congress vi
olate the sovereignty Of the STATE. or
transcend its power. by SO doing ? No
one has ever so commended Why is the
institution of Slavery SO much more sa-