The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1859-04-23
A Curious Historical Fact.

A Curious Historical Fact.
We are informed, by Judge Law, that, in
searching among the early archives of the
Territory of Indiana, that soon after the &C
ouisition of Louisiana, the Governor and
Judges of Indiana, who then composed the
Legislative council, and were clothed with
all the Legislative powers of the Territory,
were, by special act of Congress, author
lied and directed to frame code Of laws
for the then newly acquired Territory Of
Louisiana; and, in obedience to this anom-
alous act of Congress, the Legislative Coun-
Gil of the Territory Of Indiana went to work
and drew up, passed, and the Governor
approved, code of laws for the large and
distant Territory of Louisiana, extending
from the..conines of Minnesota to the Gulf;
and in those laws was embraced one of the
most stringent slave codes that has ever
been enacted-perhaps the very code, or the
basis CT the code now in force in Arkansas,
Mississippi, and Louisiana A copy OF
these laws, adopted by the Judges and APP
proved by VIM. Henry Harrison, Governor
of the Territory of Indiana, and dated IN
1902 or 1903, will be furnished the State
Historical Society.
1t Will i'll become the citizens OF lnciana
to reproach Louisiana and Mississippi with
a slave code, which our own judges framed
and imposed upon thsm- What views OF
Congressional power and Territorial rights
could have existed in that day, when Con-
gress by an act assumed the power not only
to legislate for territory, but to delegate
that power to legislative body distant and
strange to that over which the laws were to
operate? Could there be more absolute and
exclusive authority assumed by an unlimited
despotism? This was out-Lecomptonizing
the utmost stretches of Lecomptonism.-
What notions of popular sovereignty could
the sage, philosopher, and apostle of Democ-
racy, Thomas jefferson, have had, when he
put his signature of approval to the act OF
Congress comforting such duty and au-
thority upon the legislative council Of lndi-
ana2 How widely does modern constitu-
tional theories differ from the views and
conceptions of the early patriots--simple-
minded men, who did not ccording to the
lights of recent expounders-comprehend
the full scope and operations of the institu-
tons they had framed and set in motion.
If Congress, in Jefferson's day, had au-
thority to delegate the power to make
slave code for Louisiana, could it not now
authorize Louisiana or Texas, to frame a
code for slavery, in Arizona or New MexicoP
If such a power be claimed by the hot spurs
of the South, what can old Jefersonian
Democrats reply to it? can they say that
jefferson had no just comprehensions of the
Federal Legislative power, or the rights of
the territories. There are many of these
stubborn facts encountered in our history
by which the opponents of the old Wing
doctrine of unlimited Congressional Legis-
lative power over the Territories, are fioored
and sometimes overwhelmed. We believe
that Congress has power granted to it, fully
and clearly by the Constitution, to legislatc
for the Territories, but it is inexpedient, if
not dangerous, to exercise it. Popular SOW
ereignty offers the only mode avoiding the
danger and trouble, and the principle is
right and democratic in itself. ----