The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-09-12
From the Washington Constitution
The Power of Congress TO Protect
Property I'm the Territories.

Of property in the Territories is not a new idea
now advocated for the first time by the South
and the friends of Mr. Breckenridge The ter
ritorisl legislature of Florida had passed laws
imposing an unjust and discriminating tax upon
slaves owned in that territory by non residents.
Several citizens of Virginia, injuriously affected
by these territorial laws, presented petition to
the Congress of the United States for relief
That memorial was referred to the Committee
on Territories, and on the 1lth of February,
1884, that committee made the following re.
port, which We commend to the calm and lis
passionate consideration Of every advocate Of
the doctrine Of popular sovereignty in the Terri
tories: .-.r. ~ .e-.
"The memorialists allege that they are the
owners of q number of slaves, removed several
years ago from Virginia to the Territory of
Florida; that the Legislature OF said Territory
has imposed tax OF ten dollars head on all
the slaves of non residents which shall be hired
out without ference to the amount for which
said slave may have been hired; that an e1 post
tactO operation was given to this enactment by
applying it to slaves hired out several weeks be
fore the passage of the law, and that the same
or perhaps another law, subjects any non-resi-
dents slaves that may be sold in the Territory
to further tax OF fifteen dollars each. They
therefore ask Congress for relief
"The COMMITTEES are satisfied that the memo
rialists are entitled to relief 1t is certainly a.
gainst the policy of the United States, as we'll
the dictates Of common justice to allow any ter
ritorial legislature TO tax property of non-resi-
dents higher than the property of resident cit
liens. .st ..
"The Committee think Congress should al
ways protect the property Of the citizens of the
United States when subjected to the operation
Of unjust legislation by the Territorial Govern.
ment. In the case above referred to, that prin-
ciple is asserted and maintained in practice
The same principle requires the same practice
now. And for that purpose the Committee here
with report bill"
The bill so reported was enacted into law
by Congress, and was approved by President
Jackson on the 30th of June, 1884. The law
is as follows: .
"'e it enacted by the Senate and House of
Representatives of the United States in Con-
gress assembled, That all such acts or parts of
acts passed by the Legislative Council Of the ter
ritory of Florida as may impose higher or
greater tax on the slaves or other property OF
non resident citizens than is imposed on the
slaves or other property of resident citizens be
and the same are hereby repealed and declared
null and void.
SEC. 2. And be it further enacted That i'll
any person shall attempt to enforce any Of the
acts or parts of acts passed by the legislative
council OF the Territory of Florida as aforesaid
by demanding or receiving any tax. imposition
or assessment, authorized or prescribed thereby
such person shall, on conviction thereof, be pun
IShed by fine not exceeding two hundred dol
lars, or by imprisonment not exceeding six
months, or either or both OF said punishments."
When this law was under discussion in the
House OF Representatives, not single voice
was raised in favor of the Territorial laws, or
denying the power, the right and the duty of
Congress to repeal them, for the purpose ofpro-
tecting the property Of citizens in the Terrific
res. The doctrine that the people of the Ter
rtory, acting through their Territorial Legisa-
ture had the power to pass such laws by virtue
of inherent sovereignty was not then thought OF.
On the contrary, every member Of the House
who participated in the debate, Mr.. Williams.
Mr.. White, and Mr.. Fillmore, all concurred in
dcnouncng these territorial laws as unjust, OBJ
jectionable, and as passed without right. They
say, in so many words, the legislative council
had no right 10 pass such low. Congress did
not hesitate to repeal the obnoxious enactments
and in repeating imposed a penalty of fine and
imprisonment upon any one who should attempt
to carry out the repealed laws. They treated
the acts of the territorial legislature with no
more consideration, and regarded them as en-
titled to no higher respect than the ord inances
OF municipal corporation. For what purpose
was this done? Clearly to protect the prope,tyI
of the citizens in the Territories against the
unjust and unfrendly legislation of the people
of the Territory. The principle asserted by
those who advocated, enacted and approved this
law, is the entire subordination of territorial
laws to the power and authority OF Congress
acting within its territorial limits. A State
legislature, in the absence Of constitutional pro-
hibition in the State constitution, may discrim
mate between different kinds Of property and
fix the tax to be paid by each, it may exempt
certain kinds Of property from all taxation, and
obige other kinds to pay an increased tax
But this cannot be done by territorial legisla-
ture because the people Of q territory are not
sovereign; because Territory is in state Of
pupilagc, is subject to the General Government
and is especially under the supervision of Con-
gress. ..'.
But this law establishes as fact that a dem
ocratic Congress interviewed for the purpose
protecting property in Territory against the
unfriendly legislation Of the people Of the Ter
ritory, and that Intervention was approved by
Andrew jackson. The report Of the above c-
ted, which in 1884 met the unanimous approval
of the democratic President and the democratic
party in Congress, asserts the same principles
which are recognized by the Supreme Court Of
the United States, by the resolutions of the
Senate, and by majority Of the States at
Charleston and adopted by the Convention at
Baltimore which nominated Mr. Breckenridge
for President, viz:
| "Bjrst That the government of Territory
organized by an act of Congress, is provisional
and temporary, and during its existence all cit
izens of the United States have an equal right
to settle with their property in the Territory,
without their rights, either OF person or proper
| ty being destroyed or injured by Congressional
or Territorial Legislation. ....,.. r...
HSecon1 That it is the di,tu of the Federal