The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-08-31

the State having jurisdiction of the crime.
Unless the term State, as used in these pro.
visions of the Constitution, shall be con-
strued to include every distinct political
community under the jurisdiction of the
United States, and to apply to territories as
well as to the States of the Union, the ter
ritories must become sanctuary for all the
fugitives from service and Justice, for all the
felons and criminals who shall escape from
the several States and seek refuge and i'm
munity in the territories.
If any other illustration were necessary to
show that the political communities, which
we now call territories (but which, during
the whole period of the Confederation and
the formation of the constitution, we're
always referred to as States or New
States '' are recognized as Estates in
some of the provisions of the constitution,
they may be found in those clauses which
declare that mo State shall enter into any
"treaty, alliance, or confederation grant
letters of marque and reprisal; coin money ;
emit bills of credit; make anything but
gold and silver coin tender in payment OF
debts; pass any bill of attainder, &c post
tacto law, or law, impairing the obligation
of contracts, or grant any title OF nobility"
It must be borne in mind that in each of
these cases where the power is not express
ly delegated to Congress the prohibition is
not imposed upon the federal government,
but upon the States. There was no necessi-
ty for any such prohibition upon Congress
or the federal government, for the reason
that the omission to delegate any such pow
ers in the constitution was of itself pro.
hibition, and so declared in express terms
by the 10th amendment, which declares that
the powers not delegated to the United
States by the constitution, nor prohibited
by it to the States, are reserved to the
States respectively, or to the people"
Hence, it would certainly be competent
for the States and territories to exercise
these powers but for the prohibition con-
tanned in those provisions of the constitu-
ton; and inasmuch as the prohibition only
extends to the " States" the people Of the
territories "are at liberty to exercise them,
unless the the territories are included with
within the term States, within the meaning of
the provisions of the Constitution of the
United States.
1t only remains to be shown that the
compromise measures of 1850 and the Kan
sas Nebraska act ofl854 are in perfect har-
mony with, and faithful embodiment of
the principles herein enforced. A brief
history of these measures will disclose the
principles upon which they are founded.
On the goth of January, 1850, Mr.. Clay
introduced into the Senate series of resolu-
lions upon the slavery question which were
intended to form the basis of the subse.
quent legislation upon that subject. Pend
ing the discussion of these resolutions, the
chairman of the Committee on Territories
prepared and reported to the Senate, on the
mission of California into the Union of the
States, and the other for the organization of
the territories of Utah and New Mexico,
and for adjustment Of the disputed boundary
with the State of Texas, which were read
twice and printed for the use of the Senate.
On the 10th of April select committee OF
thirteen was appointed, on motion of Mr..
Foote, of Mississippi, of which Mr.. Clay
was made chairman, and to which were
referred all pending propositions relating to
the slavery question. On the 9Th of May,
Mr.. Clay, from the select committee of thir-
teen, submitted to the Senate an elaborate
report covering all the points in contro-
versy, accompanied by bill, which is usual
ly known as the "Omnibus Bill" By refer.
ence to the provisions of this bill, as it appears
on the files of the Senate, it will be seen
that it is composed of two printed bills
which had been reported by the Committee
on Territories on the 25th of March pre-
vious; and that the only material change in
its provisions, involving an important and
essential principle, is to be found in the tenth
section, which prescribes and de fines the
powers of the Territorial Legislature. In
the bill, as reported by the Committee on
Territories, the legislative power of the Ter
ritories extended to call rightful subjects
of legislation consistent with the Constitu-
ton of the United States" aOithoM excepting
african slavery; while the bill, as reported
by the committee of thirteen, conferred the
same power on the Territorial Legislature,
avith the exception of african Slavery. This
portion of the section in its original form
read thus
"And be it further enacted, That the legis.
lative power of the territories shall extend to
all rightful subjects of legislation consistent
with the Constitution of the United States, and
the provisions of this act; but no law shall be
passed interfering with the primary DISPOSE
ton of the SOIL"
To which the committeeof thirteen added
these words Nor IN respect to african
slarery" When the bill came up for action
on the 18th of May, Mr.. Davis Of Mississip-
pi, said:
:" offer the following amendment To strike
out in the sixth line of section ten, the words,
with respect to African slavery and insert the
words, with those rights of property growing
out of the institution of African slavery as It
exists in any of the States of the Union The
object of the amendment is to prevent the ter.
ritOrial legislature from legislating against the
rights of property growing out of the Institution
of slavery. 80 1t will leave to the terrific
rial legislature those rights and powers which
are essentially necessary, not only to the pre-
servation of property, but to the peace of the
territory. 1t will leave the right to make such
police regulations as are necessary to prevent
disorder, and which will be absolutely necessa
ry with such property as that. to secure its
beneficial use to the owner. With this brief ex
PLANTATION submit the amendment"
Mr.. Clay, in reply to Mr.. Davis, said:
81 am not perfectly sure that comprehend
the full meaning of the amendment offered by
the Senator from Mississippi. If do, think
he accomplishes nothing by striking out the
clause now in the bill and inserting that which
he proposes to insert. The clause now in the
bill is, that the territorial legislation shall not
extend to anything respecting African slavery
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