Gazette and sentinel., 1860-08-25

was accepted upon the express condltlon tnat
no regulations made or to be made by Congress
should tend to emancipate slaves. They also
| forbear to state, that while in the act of 1888,
for the government of the territory north and
west of the Ohio, slavery was implicitly pro-
hibited, there was another act passed in 1890
for the government of the territory of the
| United States south of the Ohio by which the
| existence of slavery in that territory was re-
c~ognized and its continuance sanctioned.
Here then, we have, in the very infancy of
| the Republic, a distinct acknowledgment OF the
principle which / have asserted. 1t is true, 1t
was based on the idea of a geographical line of
partition between free and slave territory-a
result doubtless influenced by the natural
adaptation of different portions of the country
to different systems of labor. But he must be
blind indeed, who cannot perceive IN the leg
~islation of the first Congress under the Con-
s~titution a plain and distinct recognition of
that equality for which the South has ever
since contended. In that same Congress, acts
were passed for the admission of Kentucky as
a slave State and of Vermont as a free State
into the Union. In all this We discern the
shirt of the time-a spirit of harmony and
f~raternal feeling. But we look in vain to 1t
for any trace of that aggressive lust OF omln
ion which subsequently, in the form OF the
Wilmot Proviso and of territorial sovereignty,
attempted to monopolize to free labor all the
territory of the country, and to'exclude Us and
our children from every foot Of the JOINT IN
heritance.
After the purchase of Louisiana in 1903,
and until the date of the Missouri agitation,
all that vast territory remained open to free
emigration from the Southern States. There
was a long and undisturbed enjoyment of a
right which in 1919 and 1920 began to be the
subject Of dispute. But in the settlement of
that fearful conflict, although concessions were
made BY the South for the sake of harmony,
which never should have been yielded, there
was still the recognition of this great idea OF
equality between the several States of the
Union. 1t is true, the agreement which was
then made assumed the shape of a partition
of the common territory; but u partition i'm
piled the possession of a joint title, and was SO
far an admission of the natural justice of our
claim. In the act for the admission OF Texas,
the same geographical line was adopted, thus
admitting the application of the same princi'
pie to territory acquired after the date OF the
Missouri Compromise that had been applied tc
Louisiana.
Itmatters little that on both these occasions,
for the sake of peace, we admittea the right
Of Congress to prohibit slavery in the terri
tory untitled for its existence. / must protest
against such q concession, made in q spirit Of
compromise, being held tantamount to an es'
TOPPED. Aside from tie unconstitutionality Of
the prohibiting clause, it woul3 be unreasona,
!. BILE to maintain that q voluntary surrender Of
6 our right of emigration to a part of the COM
mon territory by no means adapted to slave
labor, in consideration of the undlsturbed en-
iovment of the rest, was an acknowledgment
|, of the power of Congress to effect our tota
: exclusion from the whole. On the contrary
= " -. Ia aoouira1 a 1arna and yaluahl
; tract of country from Mexico in lS4S, although
: the South was still willing in u spirit of con
cession to extend the Missouri Compromis'
line to the Pacific, she insisted on her equa
! rights with the North toevery acre which hat
been ACQUIRED by the COMMON blood and treas
ure of all the States. But this liberal propo
sition was refused by the North and 1t wa
q then that we were startled by the proposition
TO apply to the whole of this newly acquires
= territory q prohibition of slavery which woul
have rendered its acquisition, SO far as we ar
a concerned, utterly worthless. The terribl
A conflict which followed is still fresh in you
recollection. For a tim it threatened the di;
h solution of the Union, and nothing averte
that result but the abandonment, for the tim
:. being of the unjust and Liberal doctrine {
If slavery exclusion. As a portion of the com
h promise measures which qUieted that fearfI
\ excitement, and secured for q season tranquil
as ity to the country, laws were passed for tn
organization of the Territories of New Me,
leo and Utah. In each of these organic &C
n it was provided:
40 al. That when admitted as a State, the sal
10 Territories, or any portion OF the same, Shout
be received into the Union with or witho'
oil slavery as their Constitution may prescribe
the time of their admission.
n 2. That writs of error and appeals to tn
IN Supreme Court of the United States from Il
ia Territorial Courts should be allowed in a
at cases of habeaS corpus, involving the questlc
II of personal freedom, aud ia cases inrotrt'
title to slarcs, ,CithOut regard to the Udt"e Of q
an matter, property, or title IN controversy.
3. That the legislative power of the sa
Territories shouldaextend to al rightful su
iects of legislation consistent nth the Consttt
no ton of the United States end the provisions
the organic acts.
or A. That all laws passed by the Legislati
Assembly and Governor should be submitt
h to the Congress of the United States, and
,es disapproved should be null and Of no effect.
n. / propose 10 make no extended CONNIE
in upon this legislation. 1t needs none. Tho
of acts still stand on the statute book unrepeale
ion How it was ever supposed that they authoriz
its the people Of the territories to prohibit slaN
led ~, or that they recognized a power In the
,ile superior to that of Congress, L have ney
hat been able to conceive. Nor have been al
in to see how a resolution in the Cincinnati pl
form which pledges the Democratic party
de- "abide by and adhere to a faithful execute
of the acts known as the compromise measu
ich settled by the Congress of 1850" las in a
TO way committed us in favor of the doctrine
has territorial sovereignty. On the contrary,
acts for the organization of New Mexico a
RIM, Utah expressly limit the powers of the Tel
the torial Legislature to the enactmert of la
consistent, not only with the Constitution,
with the organic acts. And they also