Dakota City herald. [volume] (Dakota City, Neb.) 1857-1860, 1860-02-04

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tions.
This Act, necessarily, involves the whole
question Of powor or jurisdiction over the
subject matter. II slsvsry exists hero in
law or in fact, 70 prohibit is to sbolish It, II
it does not exist, where IS the need for lsgis
lationi Bat do not stop TO measure the
relative value Of mere words, which may be
Hsed indiffsrently, and for the same object.
This bill, suppose is intended to inter-
dict slavery, or involuntary ssrvitude, with
in the Territory and, sSppose, is likewise
/ intended to raise the question whether the
Territorial Legislature eau do it, At all
events it does So
For the purpose Of considering the question
With distiDolness, will arst examine it, as !.
may or may not be affected by the treaty with
| France. This Territory was part Of Louis-
ana, and all Egree that whsR we acquired
Louisians in 1903, il was slave Territory and
slaves were property, The third article Of
| the treaty by which Louisiana became scquir-
ed 10 the United States is imporisnt at this
| point, 1t is part Of the treaty compact
that "t the Inhabitants Of the oedad territory
shall be incorporated in the United States,
aAd admitted as soon as possible, according
| 10 the provisions of tbe Federal Consultation,
to the enjoyment of all the rights, privileges
and immunities of citizens Of the United
States and in the mean time they shall DO
| protected in the free enjoyment Of their lib
erty, property, and the religion which they
profess"
! As ! have had occasion to remark in an
other communication addressed to you, Ne.
brasks, IS a part of the Louisiana purchase,
was acquired to become a State, and for no
other purpose. For this purpose, and this
| alone is there any power under the Constitu
tiOn to acquire foreign territory do not
enlarge upon this, having already discussed
it at length.
1t is stipulation In the treaty that the
inhabitants OF the ceded territory shall be in
corporated in the Union of the United States"
and il is every whit as strong stipulation
that " in the mean time" they shall be pros
tscted in the free enjoyment of their lib
arty, property and the religion which they
profess The faith of the country is pledged
to it, and it is just as good to the inbabit-
sats Of Nebraska Territory to-day, or any
day, as it was to the first inhabitants in 1903.
Mr.. John Quincy Adams understood this per
fectly, and disposed Of the question very brief
ly and eonclusively, when Arkansas was be-
fora
is entitled to admission as slave State, as
Louisiana and Missouri have been admitted" "
by virtue Of " that article in ihe treaty for
the purchase Of Louisiana, which secures to
rights, privileges and immuaities Of the orig
inal citizens Of the United States, and stpu-
iates for their admission oonformable to that
principle, into the Union. y
Arkansas therefore comes and has
right to come into the Union with her slaves
and her slave laws. Il is written iu the bond,
and however may lament that it vas ever so
written, must faithfully perform its oblga-
lions" " what was written in the bond
" as il moi that the people " the cedei :
ritories are to be secured in their rights Of
property, person aud religion, as we'll as that
they should De admitted into the Union, on an
equal footing with ths original sta,es'
70 the Dred Scott case Mr. Justice Catrea
says, "LOuisians was q province, when slay-
cry was not only lawtsl, but whore property
In slaves was the most valuable Of ali personal
property. The Province was ceded as a unit.
with an equal right pertaining 10 al its ia
habitants, in every part thereof, to own slave.
To enable .he United States TO
fulhl the Treaty, additional population was
indispensable and obviously desired, with anz- |
isty, on both sides, so that the whole country |
should, as soon as possible, become States Of
the Union, And for this eontsmplated future
population, the treaty as expressly provided |
as II did for the inhabitants residing in the (
Province. An these we're TO be protected in
the mean time" that il to say, at all times
'' between the date Of the treaty, and the
time when the portion Of the Territory where
the inhabitants resided was admitted into the
Union as a State" at the date Of the
reaty," +" lac farther remarks, "ssoh inhatit-
ant had the right to the free enjoyment OF hts
property, alike with his liberty aud his relig-
on, in any part Of Louisiana
To 'urmount che treaty difficulty, was con
'idered worth u labored eiior, by Mr Jus
TO- CARTS, IN the Bred Scott case. II oe.
'nPies four foil pages Of his able dissenting
opinion. His effort was to show, that Con.
'Tess might prohibit slavery in the Territory
4 which Nebraska is past Oa the strength
4 E.on and Nelson ? Peters Sl4 and Gar
ia Us Lee IL Peters 5Is he orgues that the
'pnlalion 10 the treaty addresses issslftO the
'oliIioal Or Legislative power, and Is not
aw for the government ofths Court lis
nough TO say thai these Gases are cases Of {
isPuted boundaries between nations aud OF
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