Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-12-22
TAo OAls.so PIstesr4 and the National

/ AAAANAFAH
vocating that portion Of the Chicago platform
which declares that freedom is the normal
condition Of the Territories. In controvert-
ing this proposition the Democrat opens a
wide field by referring to Congregational Terri
torial history. Il Is quite beyond the limits
of daily paper to go into a reconsideration Of
the various points Of such history upon which
the Democrat touches.
It may, however, not be amiss to publish
a communication in the Missouri Democrat Of
Oct slst by G. Koerner, on what was the
condition of the Louisiana Purchase as to
slavery. It has been contended that slavery
existed by law whom we received it from
France, but 1t appears from the article of Mr..
K. that the opinion Of an eminent jurist of
France is, that her laws declared freedom
from slavery in all her colonies at the time Of
our purchase Of Louisiana This being so,
the argument for the repeal Of the Missouri
Compromise line fails, and the Dred Scott de-
eision SO far as it assumes slavery to have ex-
Isted by law in Louisiana in 1903 is inconclu-
sive.
The National Democrat assumes that Vir-
ginia ceded or made a "gift of all the
q North West Territory to Uongress-sho
possessing alone the right of soil and domin.
ion. We often meet with like statements in
speeches iE Congress political conventions
and harangues-from the judicial bench as
well as from editors, falsifying historic facts
Thus the Dred Scott decision, 'fVirginia, in
1884 voluntarily ceded to the United States
the immense tract of country lying north
west Of the river Ohio, and which was with
in the acknowledged limits Of the State. -
The claim Virginia to western territory was
long before Congress at and subsequent to
the close of the Revolution and a committee
reported that she had no valid title. But
whatever claim she had was ceded. Tie
boundaries Of her Colonial charter were very
indefinite. Those of New York, Massaehu-
sets and Connecticut were much clearer defn-
ed, running by parallels oflatitude to the Pa
ci6c ocean. The south boundary of Connec-
ticut was the parallel Of 4lo, and Congress
recognized this claim and boundary by al
lowing her to retain that portion of it called
the ''Western Reserve" Of Massachusetts
Congress bought the 'triangle," zoo, 900 acres
at Erie and sold it to Pennsylvania to let her
out to the Lake. We have not space to speak
of the recognition by Congress of the claim
Of New York, but her cessiOn of western ter
ritory to Congress was made March I, 1871,
on which day the "Articles of fConfederation''
were completed and went into operation. New
York led-the way in this noble, fFes-win of
fsring of patriotism, instead Of Virginia, as
the Dred Scott decision would make US be-
lieve.
Virginia's claim Of title could not extend
north of the 4lst parallel, Col George ROg-
ers Clark, from Virginia, in the Revolution
took from the British several forts in the IIli-
nOis country, whsreslavery had been intro
duced under French domination. When the
country passed from the French to the Eng
lish, and then, under Clark, to Virginia, these
shareholders stillhsld their slaves. Virgins
eeded to the United States, and had to make
this cession finally conformable to the Ordi-
nance of 1881, prohibiting slavery, which was
dsJder0 smauoiPAtion. Congress early con-
frmed the title Of lands to the French inhab.
itantS in Illinois The slaveshad come down
under one government after another, but
their right to freedom under the = Supreme
power of the ordinance was not legally test
edtiH 1916 by the Supreme Court Of Illinois
il the case Of JGTst US sITrst referred to in
Mr.. K.'sarticle, when the question was deci-
ded for freedom. The Dred Scott decision af-
firms the vitality of the Ordinance by virtue
of the 9th Article of the Constitution where |
''debts" "treaties" and engagements" made !
before the Constitution shall be valid under |
it. The law Of the lSt Congress under the
Constitution re-affrmed the ordinance, hence |
the ordinance is in the texture of the conStttu-
ton, and Congress through the operation of
the ordinance and the decision of the Su-
preme Court of Illinois GBOIished slavery in
the territory. 35 |
In 1904 all the Louisiana purchase west Of
the Mississippi and north of the territory Of
Orleans (the present north line of the State Of
Louisiana) was placed under the Governor
and Judges of Indiana Territory. !
They had full power by the act of Congress
of 1904 to alter existing laws of this terrific
~ and were not restrained fron e1tendingall
the provisions oftbe ordinance including the
prohibition of slavery, over that vast do
main. In the erection of the territory of Or
leans, at the same date Congress prohibited
the introduction of Africans from foreign
countries, and from the States into that terri
tory. Congress did the same in 1898 for the
territory of Mississinpi, now Alabama and
Mississippi. The ink5Gitants were entitled to
Habeas Corpus and trial by Jury. The ''or-
dinance" became IN fact pattern in drafting
laws for the erection of new territories, ens-
bling acts, and admission Of new States, as
recitations thereof so frequently prove. In
deed itlEas ie Pol Star in all such legisla-
ton.
The Democrat presumeS upon our creduli-
ty when it would make us believe that slavery
was the normal condition of all the territory
acquired from Mexico, because imprisonment
for debt prevailed. This evades the question
- ...- -. I'D. -
history into cooked hat But 70 the arti-
Gle of Mr.. Z. A. P.
= Was LOuisanR a Slave Territory e the
Time She was Ceded BY France to the Uni
ted States 90 fJoa aEI -E
Editors Of the Missouri Dsmocrat
The repeal of the Missouri Compromise in
1854 bV judge Douglas and the marty than |