i
jHE" ADVERTISER,
siu
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fornf- .. ,r raid at the end of 6 month 2
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" "' i- .r m"C iH be 'ur"i!,LC1 8t 66 Pcr
f'"M .led the cash accompanies the otUcr, not
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One eighth Column one year, - -One
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One half Column it month. -'- - -One
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one eighi h Ci-lnmn six io.,n:t-.-i, - -
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VOL. IV.
BROWNVILLE, NEBRASKA, . THURSDAY, SEPT. 29, 1859.
NO. 12.
rlN'KSS' 0 AltDS.
iTTORNEY at law,
.lUCrrOK IN CHANCERY
A.'
Ileal iMate Agent,
jjftOWXVILLE, 5T. T.
REKERNCtS.
" fl,B.V-m.-Icui.,Montro8,ra.
,Vr C M'!lcr. Chicago, 111.
Jwin- K Fowler, " . "
D. L. M'OARV.
O. B. HKWITI,
McQARY & HEWETT,
ATTORNEYS AT LAW
47-lj
-i a rfTTTTTT
Cabinet' & Wagon-IIaker
v.ot Sixth imd Seventh.
'iminvxviLix.T.
.v. ..t.,f cihinet work neatly executed.
J,nuC -r wag-na-Haw, etc., promptly done.
Will practice ia the Courts of Nebraska, and North
west Missouri.
REFERENCES.
Messrs. Crow, McCrcary &Co., St. Louis, Mo.
lion. Jarne M. Hughs, - - Vo
lion. John R. Steply, - Do
Hon. James Craig, - - St. Joseph, Mo.
lion. SllusVoouson, - - Do
Judge A. A. Bradford, Nebraska City, N. T.
S. i'. Nuckolls, Esq., - Do
Kinney &. notley, Nebraska City.
Cheever Sweetit Co., do
J. Sterling Morton do
Brown t Bennett, Brownville
R. W. Furnas do
Brownville, N. T. Nov. 18, 1S5S. Vn21
miiv McDONOUGIL
rr Si"n, &' Ornamental 'Piiintcr,
(J L.A -IL-ri, 9C-
jj. raorcan belert at the City Drug Store. 3
CH AS. F. DOLLY.
"ES KINNEY Sc HOLLY,
ATTORNEYS AT LAW,
V' V li ;iue" .ttended to throughout N
: ;:-vr;: -a and Missouri. Will .t,d the
t Brt.wiiviile.
E. S. DUNDY,
ATTORNEY AT LAW,
ARCHER, RICHARDSON CO. N. T.
ril 1 practice in the several Courts of the id Judicil
""''I7'1 ' . t,rt r.nnortod With the
; '"J M l n x KMoy Nebraska City,
I ' ;l;,;on of ...portant Suits.
y,t. 10. "51-ll-tt
- "c. V. WHEELER,
lichitcct and Builder.
Brownvillo, 3NT. T.
VSS MAIIY TURNER,
!I!LLIHER AND DRESS MAKER.
Miin Street, one daor above Cnrsons Bank.
UKOWNVII.l.i: N. T.
faxctis tnj Tf minings always on nana.
" J A MRS W. "(illisON,
(BLACKSMITH
SunJ Streft. between Mainancl ellaka,
vf.KOWNVILLE, N. T.
! (locks, Watches & Jewelry.
J. SCIIITTZ
1 Weill! snu mnceto Checlti7.ei! i.f Brownville
L uti'l vi.iintv that be Ijhs located himself in
: aVJiBrownville, andintends keepinp a full assort.
-tua .-i everjtUitiK in his tin of business, which will
!(!,. f.,r i a-U. HewillaUod. all kinds of re
; a-.i,cuf tlods. m-atLhes ii.d Jewelry. AH work war-
i:.'M.
I). GWIN,
Having pormanenllv located in
fiROWXYlLLE, NEBRASKA,
f.ir tlm .ri..f io r Xtr.riiflnn nml Snrferv. ten-
his professional services to the amietcd.
on Vain Street. noJ.JvJ
FENNER FERGUSON,
Attorney and Counsellor
3L"t Law,
BELLE VUE, NEBRASKA.
GEORGE EDWARDS,
x. H u i wx" a-. -i.
WcX-.Wain .S, Eattot Kinney ir llollx't ojict,
r-l-teMpiiK puns, Si.(K4tb-ations.6.c.. for buildingsoi
orvarietv .f ftyle. and the erection of the
Jien erinteBded if aasireu. ul"i" Lllu"""
Mtiesi, from Cirdance.
A.
D. KIRK,
Utorncr at Law,
and Affeat and Xotarj' Public
Rulo, Richardson Co., J. i.
wltnictiecin the Courts of ssistedN'cLra5ka,a
Earjinaau 15ennett,Nebratka City.
iS HOLt AD AY, M. D
H'ei-t fully iur.-rnis Ins friends Jn Brownville and
'"inMiate Viinuty that be has resumed the practice of
tdicitie, Siirsrry, & Obstetrics,
'-;l"i'CNly strict attention to his profession, to receive
4; KMieroi vaironnKe heretofore extended tohim. In
; civMtiore it is possibieorexpedient. a prescription
. Mwiii he done. Ofllce at City Drug Store.
'rl).21,'09. S5.1y
i SAINT JOSEPH
JEEALE COLLEGE,
j .ST. JOSEPH, -MO.
jlLLlA.11 CAMERON, A. M., Principal.
'"piMely organized as a first class Female Boardins
, Scln,i v.. t.. l-Vi iiirlmlinir 25
' Scli..astic year commominp first Monday lu
". j.-orc
i 7'C Pniioi.al
f ;--t -tit,. is;,S
iv-f, YOUR JIUXE Y.IXD GO TO
W'yi. T- DEN,
t Aim nun Ki? uifSfiJM
it ii i n i:;j:i : t
V1iu'ea'.c aiidr.e'ail dealer ia
AND
SOLICITORS LY CIMXCERY.
Brownville, Nebraska.
CITY 1W STORE.
JOHN H. MAUN & CO.,
BR0WXV1LLE, A. T.
DEALERS IN
Brags; Medicines,
CHEMICALS, TOILET SOAPS,
Fine Hair and Tooth Brushes,
PERFL JIERY, FAIVCY & TOILET
ARTICLES,
Tobacco & Cigars,
Pure Wines and Liquors for
Medicinal Ise.
53 Physicians' Prescriptions and family Recipes
carefully compounded.
All orders correctly answered, fcvery article war
ranted (jenuine and of the best quality.
3 AG EST for all leading Patent Medicine of
the day.
CITY TRUNK STORE.
FASSETT & CROSSMAIT,
r a "
jvxanuiaciurtris ux
Traveling & Packing
V.1LISES. CARPET RAGS, bC.
South West corner uf Pino and 3d st's,
Saint Louis, Jio.
, Vc arc now prepared to All all orders
WTliJjiin our line with promptness andoiithe
--jFl ytthe most roast niible terms. Our stock is
! lYJ.Jhr"!. :.r-l r.,iui.li'l( :i:id all f our own
manufacturing. Those in want of articles in our line,
II . fl.....;.,A i. null
wholesale or rcianj win u ci i u-ki c
-re purchasing elsewhere. A bharc of public ratron-
ageis solicited. nlb 3-iy
M'NUTT'S
STOMACH BITTERS
Are an unequalled Tonic and Stomachic, a yoiitciv
end palatable Kcmcdij Jor general jjcuuuy. i'js
jjepsia, loss of Appetite and ail ditcatc vf the
'jjiijcitive Organ.
These Bitters are a sure Preventive of
FEVER AND AGUE !
They are prepared from tic p-.irest materials by an old
and experienced UrufKisi, aau iuci eioi e u uv icv-
on.
THEY AID DIGESTION!
By gently excitinn the system into ahealthy action; are
pleasant totbe ta-sie, anil aiso e uun itoi iu
the system that is so essential tohcalth.
!r3"A wineclass fuli way be taken two or three times
a day before eating.
P,B,M,IlJW,L.Kl.IS):,IO
Oct. 29. '63 lS-ly
1'or Citalogue!", with full i-articulars, ad-
v4n4f
boots and shoes.
Rrcwnviilc, A. T.
Jl ,IIAS-(IN'11AXU
! klv'",l,rs a:,J Slippers of
larpe and well select-
svhoes, L..dy'l audGcnt.'s
every variety ; also,
5 ".'(, l'hcaper for Ca. h or Produce than any other
."" wms. All work warranted; orders
rLful,i-"lK-ite-J.
(l Wst cas!) price paid for Hides, Pelts and Furs,
,f utj iw ua Shoe Sure. Cut Leather kept for
nvi;io ..June 2d, 'SV u49jf-
i
CITY BAKEHY,
u?it St., bet. Main and Atlantie,
EROWrrVILLB,
COMFORT & TICE,
?xy L allien of Brownville and vicinity
, e1 ll'e bakery lortnerly owned by K.
C-jo'w &rcnw Prepared to furnish Bread, Cakes,
ioncryf Ice (.'ream, Lemonade. &c.. &e.
W. C. COMFORT.
DKOW & CLIXTOX,
PRODUCE DEALERS.
Forwardinir & Commission
MERCHANTS,
No. 7S, North Levee, St. Louis, Mo.
rninrn for Groceries and Manufactured Articles accu
rately filled at lowest possible rates. Consignment for
sale and re-shipment rcspectully solicited. Shipments
of all kinds will be faitiituiiy aitenaea 10.
Heferi-ences :
Messrs. G II Rea & Co St. Louis
Birtlett. McComb & Co d.
Gilbert, Miles Ac Stannard d)
Tlon. VT 11 Bufflngton, Auditor State of Missouri
J Q Harmon, Kso,, Cairo City, I a 1 .
Messrs.M,lony, liro'sfcCo' Sew Orleans, Louisiana
J D Jackson, F.sq., do dj
Messrs llinkle, Guild Co, Cincinnati, O.
V Hainniar&Co do
Brandell t Crawford Louisville, Ky.
Woodruff &. Huntington, Mobile, Ala.
n. Billim;', Ksq., Bcardstown, 111.
May 12, 1S58 43-3ri
Buchanan Life and General
Insurance Co-,
Office-cor 2d and Julc sts.,
,S7'. JOSEPH, JIO.
CII AKTEKEP AT THE LAST SESSION' OF THE5IO. LEG
Authorized Capitol $3,000,000.
ninrrrons :
T Tt .Iinnin. 1. II. Howard. J. A. Owen. Milton
Dooth,JohnColhorn..Iohn II. Likens, W.ll.Pcneik,
- - i i
jAmesKay,.J.McAifUan.A.t. .ansneer.
J.D. JENNINGS, Tree.
N.R.McAsnAX, Scc'y.
"S now ready to receive application for Life. Fire,
L iUarineand KivcrnsKs. a casn reiurn 01
cent, will bo allowed on cargo premiums. Losssr
- . . l f 1 . . A
promptly adjusted, ana the usuanacume? given 10
thepatronf of the office.
k i rtt, 1 9h7 44-."m
X. 'i li '. -
J. W. BLISS,
COrJSTA'RT iE
Collecting Agent,
PERU, NEMAHA COUNTY,
NEBRASKA TERRITORY.
Particular attention paid to making collections for
non-residents. Charges reasonable.
Ileicreiiees.
R. W. Frame,
W in. E. Pardee,
K Parker
Lyford &. Horn,
Postmaster. Pern
Probate Jurtpre, Keb.City
County Clerk, Brownille
Soiiora, Mo.
Btl"e, April 28, '33.
44-tf
JOSEPH TICE.
JAMES HOG AN.
BooK-Binder,
BLANK BOOK MANUFACTURER,
Southeast cr. "2ju and Locust Sfs.
ST. LOUIS, MO.
All kinds of Blank Bxiks.made of the best paper, ruled
to any pattern, and sewed in the new improved patent
mode.
LIBRARIES PERIODICALS, MUSIC.&c,
bound in any style, and at the shortest notice.
Having been awarded the Premium at the last Me
chanic's Fair, he feels condident in insuring satisfaction
to all who inav cive him a call.
July 22d, 1S5S. Irv3n4
IS HAM REAVIS
ATTORNEY AT LAW,
REAL ESTATE AGENT,
Falls Wty, Kichnrdson County, Nebraska.
Vi'i 1 Kee prompt attcuti n to all professional busi
ness Intrusted to l.is care in Richardson and adjoining
counties; also to the drawing of deeds, pre-emption pa
per. h.c.,t c. May 13, '63 n46-6rn
BROWNVILLE
SAW 11 1ST ILL.
JESSE NOEL
Having rented the interest of Lake and Emmcrs.jn in
the Browr.ville Steam Saw and Grist Mill, announces to
totb'jpuUic that he is prepared f accommodate the
citizens of Brownville ah I Nemaha County with a su
perior quality of lumber of all kinds. Alto with the
Grist Mill, to bcrve all in that line.
The market price at all times paid for Lks and Corn.
The old business of Noel, Lake & Euinierson will be
settled by Henry Lake. .All future business conducted
by the undersizned. JESSE NOtL.
Brownville, April 7th, 1853, ly
- frankETn
TYPE & STEREOTYPE FOUNDRY
No. 1G8 Vine St., bet. Fourth ana Fifth.
Cincinnati, 0.
C. F. O'DRISCOLL & CO
Manufacturers and dealemin New?, Book and Job
Tyre, Printing Tresses, Case?, Gallics. &c. Ac.
Inks, and Printing Material of Everv Description,
STEREOTYPING of all kind Books. Music.
Patent Medicine Directions,Jobs,Wood EngrevingF,
Ac., fc.
Brand and Pattern Letters, various styles,
O FIIANK Gul'LET.
S S SOCTHARO, JR
G0ULEY CO.,
(Late Randall, Gouley, & Co..)
Commission Merchants,
CORNER OF VINE AND COMMERCIAL STS.
AN I)
Jumler 51, A "orth Levee,
St. L.ouis, Missouri,
GENERAL FORWARDERS,
EAST ST. LOUIS, ILLS.,
"Patent Metallic Keg" Agency fur
DuPont s Gunpowder.
ALSO
Agents j or Cropper cS Co's Unadulterated
Liquors:
July7.h, IS59.
N E W
STORE,
First Street opposite Recorder's Ojjice,
BROWNVILLE, N. T.
titp iibii-rlher would resiwctfullv inform the citizens
of Brownville. am" vicinity, that he has located here for
the purpose of inauufactiuniB Boots ana snoes 10 oruer.
All nersons in want of a superior article will do well to
call and leave their measure-
llcpairhig promptly and neatly doLie.
E. GREEN.
Brownville, July 7, 1S59. vinl-tf
a. it. wilcox.
T. W. BF.DOR 1
VILCOX & BEDFORD,
DEALERS IN
LAND WARRANTS,
AND
C ASTERN EXCHANGE,
X3xro-vx7-xa.-tri.llo, TOT. T.
Land Yarrasts Loaned on Time
Froiii One Month to Ten Years,
Land Warrants Loaned to Prc-cniptors ; Taxes Paid;
Collections made; Real Estate Bought and Sold; Lands
Located: and safe Investments made for Eastern Cap
iialists. All Land "Warrants fold bv ns are gr.aranted perfect
In all respects,
KETEKENCES.
Ttepisrerand Receiver of Land Omccat Brownville, XT'
Register and Receiver of Land Otlice at Nebraska City?
Resistor ar.d Receiver ot Land OHoe at Omaha. N. T.
Samuel V. Black, Governor of Nebraska, Russell
Majors & Waddell. Government Transporter, Kansas
and Nebraska; E. K. Willard & Young, Bankers, Chica
go; F. Granpcr Adams, Banker, ChicaRn; Taylor Bro'.-,
76 Wall street X. Y. City. Thompson Bro's. No 2 Wall
street N Y City, Hon Alfred Giiuiore, Philadelphia,
Pa.; W. S Grant, President Gardiner Bink, Maine; W.
M. Cctikey, President Bank uf Chenango, X. Y.J Crane
A. Hill Brownville, Nebraska.
The Land Sales take place in Nebraska in July, Au
gust and September, when some of the choicest lands in
the I'nited States will be ottered for sale, and afterwards
subject to private entry with Gobi or Land Warrants.
Brownville, X. T., July 14, 1So9. no 1 Gin
rrtiNCE & co.'s
IMPROVED MELODEONS,
WITH 15VII)EI SWELL
The Heat-Toned . ed Lixt rument in the uorld.
List of Prices:
Four Octave Mcl!en $45 CO
Four-.'ind-liaif Octave Melodeon CO 00
Five Octave Melodeon 75 00
Five Octave Melodecu, Piano Case, Four stops $10C 00
Five Octa ve Melodeon. double reed, portablecasc 130 00
Six Octave Melodeon. Piano Case 130 00
Five Octave Melodeon, Piano Case, double reed Ho 00
Five Octave Melodeon, Double Banks, f.mr stops "CO OC
The Orcaii Mel de n. flvcscts Reeds, two Banks
Keys and Pedal Bass 3"0 00
First Premium awarded wherever exhibited. Illus
trated price circular sent by mail.
Orders Promptly Filled By
GEO. A. PRINCE &. CO., Buffalo, X. Y.
GEO. A. PRINCE is. CO., 110 Lake et., Chicago. 111.
GEO. A. PRINCE t CO., 67Fultonst. X. Y. City.
July 7th. 1509.
FRUIT TREES.
ORNAMENTAL TREES.
Shrubs, Roses, Vines, Plants, etc.
Ill EES & CO.,
Agents for
A. Falmestock & Sons.
TOLEDO NURSERIES,
ARE now canvassing Nemaha and Richardsonconnties,
Nebraska; and Atchison county, Missouri; receiving
orders for Fruit Trees, Shrubs. Yinas, Evergreens, &c,
&.c. They call the attention of Farmers and others de
sireing anything in their line to the advantaccs uf pur
chasing supplies at their Nursery. The stock is com
plete and pt ices as favorable as that of any otter Nur
sery anywhere, and all warranted to lie as represented.
Orders can also be left at the Advertiser odec Brown
ville, X. T.
July 7th, lb3.
S. W. Ilazcltine & Co.,
171, Walnut Street, first door below Gibson House,
CIXCIXXATI,
Peiler in Seeds, Trees, Shrubs. Roses, Beddiug
Plants. Cut Flowers, Agricultural Implements, Green
and Efiie I Fruits, &.c. vlnl
"UNION HALL,
BROWN VIEEE, nr. T.
MORRISON & SMITH,
ANXOUXCE to the public that they Lave opened a
Billiard Room and Saloon
In the old Xemaha Yalley Bank. Building, Brtwnville,
Nebraska, where lovers of the interesting panic of Bil
liards ca be accommodated in a style, they trust will be
satisfactory to all who may patronize theai.
Our Liquors,
Are all pure and of the choicest brands. The famous
Tippecanoe Ale
Thelcst nude is kept constantly oti hand at this es
tablishment. R. MORRISON.
no41-ly J Q. A. SMITH.
THE TERRITORIAL QUESTION.
The Division Eine Ilctvcen Fed
eral -Authority Popular Sove
reignty in the Territories.
BY STEPHEN A. DOUGLAS.
. Under our complex system of govern
ment it is the first duty of American states
men to mark distinctly the dividing line
between Federal and Local Authority.
To do this with accuracy involves fin in
quiry not only into, the powers and duties
of the Federal Government under the
Constitution, but also into the rights, privi
leges, and immunities of the people of the
Territories, as vellas of the States com
posing the Union. The relative powers
and functions of the Federal and State
Governments have become well understood
and clearly defined by their practical ope
ration and harmonious action for a lone
series of years ; while the disputed ques
tion involving the right of the people of
the Territories to govern themselves in
respect to their local aflkirs and internal
polity remains a fruitful source of parti
san strife and sectional controversy. The
political organization which was formed in
1854, and has assumed the name of the
Republican Party, is based on the theory
that African Slavery, as it exists in this
country, is an evil of such magnitude
social, moral and political as to justify
and require the exertion of the entire
power and influence of the Federal Gov
ernment to the full extent that the Con
stitution, according to their interpretation,
will permit for its ultimate extinction. In
the platform of principles adopted at
Philadelphia by the Republican Na
tional Convention in 185G, it is affirmed :
"That the Constitution confers upon Congress
sovereign power over the Territories of the United
States lor their government, and that in the exercise
of this power it is Loth the right and the duty of
Congress to prohibit in the Territories thoso twin
relies cf barbarbm, Polygamy and Slavery."
According to the theory of the Repub
lican Party there is an irrepressible con
flict between Freedom and Slavery, Free
labor and Slave labor, Free States and
Slave States, which is irreconcilable, and
must continue to rage with increasing fury
until the one shall become universal by
the annihilation of the other. In the
language of the eminent and authorita
tive expounder of their political faith:
'It is an irrepressible conflict b3twcen opposing
and enduring forces ; and if means that the United
States mast and will, sooner or later, become either
entirely a slaveholding nation, or entirely a free-labor
ration. Either the cotton and rice fields of South
Carolina. and the sugar plantations of Louisiana, will
ultimately be tilled by free labor, and Charleston and
New Orleans become marts for legitimate merchan
dize alone, or else the rye fields and wheat Sulds of
Massachusetts and New York must again be surren
dered by their farmers to slave culture and to the pro
duction of slaves, and Boston and New York become
on e more markets for trade in the bcdic3 and souls
of men."
In the Illinois canvass of ISoS the same
proposition was advocated and defended
by the distinguished Republican standard
bearer in these words:
"In my opinion it (the Slavery agitation) will not
cease until a. crisis shall have been reached and pass
ed. 'A hou;c divided r.gnins itself cannot stand.'
I believe this Goveromentcannotendure permanent
ly half slave and half free. I do not expect the
house to fall, but I do expect it will cease to be di
vided. It will become all one thing or all the other.
Either tho opponents of Slavery will arrest the
further spread of it, and place it where the public
mind shall rest in the belief that it is in tho course
of ultimate extinction, or its advocates will push for
ward till itshall become alike lawful in all the States
old as well as new North as well as South."
Thus it will be seen, that under the
auspices of a political party, which claims
sovereignty in Congress over the subject
of Slavery, there can be no peace on the
Slavery question no truce in the sectional
strife no fraternity between the North
and South, so long as this Union remains
as our fathers made it divided into free
and slave States, with the right on the
part of each to retain Slavery so long as
it chooses, and to abolish it whenever it
pleases.
On the other hand, it would be un
candid to deny that while the Democratic
Party is a unit m its irreconcilable oppo
sition to the 'doctrines and principles of
the Republican Party, there are radical
differences of opinion in respect to the
powers and duties of Congress, and the
rights and immunities of the people of
the Territories under the Federal Con
stitution, which seriously disturb its har
mony and threaten its integrity. These
differences of opinion arise from the dif
ferent interpretations placed on the Con
stitution by persons who belong to one
of the following classes:
1st. Those who believe that the Consti
tution of the United Slates neither es
tablishes nor prohibits Slavery in the
States or Territories beyond the power of
the people to control it, but "leaves the i
people thereof perfectly free to form and ;
regulate their domestic institutions in their
own way, subject only to the Constitution
cf the Uuited States."
2d. Tr.ose who believe that the Consti
tution establishes Slavery in the Terri
tories, and withholds from Congress and
the Territorial Legislature the power to
control it; and who insist that, in the
event the Territorial Legislature fails to
enact the requisite laws for its protection,
it becomes the imperative duty of Congress
to interpose its authority and furnish such
protection.
3d. Those who, while professing to be
lieve that the Constitution establishes
Slavery in the Territories beyond the
powof Congress or the Territorial Leg
islat to control it, at the same time pro
test against the duty of Congress to inter
fere for its protection ; but insist that it is
the duty of the Judiciary to protect and
maintain Slavery in the Territories with
out any law upon the subject.
By a careful examination of the second
and third porositionions, it will be seen
that the advocates cf each agree on the
theoretical o.iestion, that the Constitution
establishes Slavery in the Territories, and
compels them to have it whether they
want it or not; and differ on the practical
point, whether a right secured by the Con
stitution shall be practiced by an act cf
Congress when ell other remedies fail.
The reason assigned for not protecting
by law a right secured by the Constitu
tion is, that it is the duty of the courts to
protect Slavery m the Territories without
any legislation upon the subject. How
the courts aretoalford protection to slaves
or any other property, where there is no
law providing remedies and imposing
penalties and conferring jurisdiction upon
the courts to hear and determine the cases
as they arise, remains to be explained.
The acts of Congress establishing the
several Territories of the United States,
provide that "the jurisdiction of the
several Courts herein provided for, both
appellate and original, and that of the
Probate Courts and Justices of the Peace,
shall be as limited by law" meaning
such laws as the Territorial Legislatures
fhall from time to time enact. It will be
seen that the judicial tribunals of the Ter
ritories have just such jurisdiction, and
only such, in respect to the rights of
persons and property pertaining to the
citizens of the Territory as the Territo
rial Legislature shall see fit to confer ;
and consequently, that the Courts can
afford protection to the persons and pro
perty no farther than the Legislature
shall, by law, confer the jurisdiction, and
prescribe the remedies, penalties and
modes of proceeding.
It is difficult to conceive how any person
who believes that the Constitution confers
the right cf protection in the enjoyment
of slave property in the Territories, re
gardless cf the wishes of the people and
of the action of the Territorial Legisla
ture, can satisfy his conscience and his
oath of fidelity to the Constitution in
withholding such Congressional legisla
tion as may be essential to the enjoyment
of such right under the Constitution.
Under this view of the subject it is im
possible to resist the conclusion that, if
the Constitution does establish Slavery in
the Territories, beyond the power of the
people to control it by law, it is the im
perative duty of Congress to supply all
the legislation necessary to its protection;
and if this proposition is not true, it
necessarily results that the Constitution
neither establishes nor prohibits Slavery
any where, but leaves the people of each
State and Territory entirely free to form
and regulate their domestic affairs to suit
themselves, without the intervention cf
Congress or of any ether power whatso
ever. But it is urged with plausibility by those
who have entire faith in the soundness
of the proposition, that "a Territory is
the mere creature of Congress; that the
creature cannot be clothed with any powers
not possessed by the creator; and the
Congress, not possessing the power to
legislate in respect to African Slavery in
the Territories, cannot delegate to a Ter
ritorial Legislature any power which it
does not itself possess."
This proposition is as plausible as it is
fallacious. But the reverse of it is true
as a general rule. Congress cannot dele
gate to a Territorial Legislature, or any
other body of men whatsoever, any power
which the Constitution has vested in Con
gress. In other words : Every pow.r con
ferred on Congress ly the Constitution,
must be exercised by Congress in the mode
prescribed in the Constitution.
The mere statement of the question
carries with it the emphatic answer, that
Congress can not delegate any power
which it does possess; but that every
power conferred on Congress by the Con
stitution must be exercispd by Congres in
the manner prescribed in that instrument.
On the other hand, there are cases in
which Congress may establish tribunals
and local governments, and invest them
with powers which Congress does not
possess and cannct exercise under the
Constitution. For instance, Congress may
establish courts inferior to the Supreme
Court, and confer upon them the power to
hear and determine cases, and render
judgments effecting the life, liberty, and
property of the citizen, without itself
having the power to hear and determine
such causes, render judgments, or revise
or annul the same. In like manner Con
gress may institute governments for the
Territories, composed of an executive,
judicial, and legislative department ; and
may confer upon the Governor all the ex
ecutive powers and functions of the Ter
ritory, without having the right to exer
cise any one of those powers or functions
itself.
Congress may confer upon the judicial
department all the judicial powers and
functions of the Territory, without having
the right to hear and determine a cause,
or render a judgment, or to revise or
annual any decision made by the Courts
so established by Congress. Congress
may also confer upon the legislative de
partment of the Territory certain legisla
tive powers which it cannot itself exercise,
and only such a3 Congress cannot exercise
under the Constitution. The powers which
Congress may thus confer but cannot exer
cise, are such as relate to the domestic
affairs and internal polity of the Territory,
and do not affect the general welfare of
the Republic.
This dividing line between Federal and
Local authority was familiar to the fraraers
of the Constitution. It is clearly defined
and distinctly marked on every page of
history which records the great events of
that immortal struggle between the Ame
rican Colonies and the British Govern
ment, which resulted in the establishment
of our national independence. In the
beginning of that struggle the Colonies
neither contemplated nor desired inde
pendence. In all their addresses to the
Crown, and to the Parliament, and to the
people of Great Britain, as well as to the
people of America, they averred that as
loyal British subjects they depbred the
causes which impelled their separation
from the parent country. They were 1
strongly attached to the Constitution, civil !
and political institutions and jurispru
dence of Great Britain, which they prcud
ly claimed as the birth-right of all Eng
lishmen, and desired to transmit them un
impaired as a precious legacy to their
posterity. For a long series of years
they remonstrated against the violation of
their inalienable rights of self-government
under the British Constitution, and
humbly petitioned for the redress of their
grievances.
Judge Tucker, in his Appendix to
Blacksione, refers to thirty-one acts of
the Provincial Legislature of Virginia,
passed at various periods from 1G62 to
1772, upon the subject of African Slave
ry, showing conclusively that Virginia
always considered this as one of the ques
tions affecting her "internal polity," over
which she, in common with the other
colonies, claimed "the right of exclusive
legislation in their Provincial Legisla
tures" within their respective limits.
Some of these acts, particularly those
which were enacted prior to the year 1G1JD,
were evidently intended to foster and
encourage, as well as to regulate and con
trol African Slavery, as one of the do
mestic' institutions of the colony. The
act of 1699, and most of the enactments
subsequent to that date, were as obviously
dtisined to restrain and check the growth
of the institution with the view of con
fining it within the limit of the actual
necessities of the community, or its ulti
mate extinction, as might be deemed most
conducive to the public interests, by a
system of unfriendly legislation, such as
imposing a tax on all slaves introduced
into the colony, which was increased and
renewed from time to time, as occasion
required, until the period of the Revolu
tion. Many of these acts never took
effect, in consequence of the King with
holding his assent, even after the Gover
nor had approved the enactment, in case3
where it contained a clause suspending its
operation until his Majesty's pleasure
should be made known in the premises.
In 1772 the Provincial Legislature of
Virginia, after imposing another tax of
five per cent, on all slaves imported into
the colony, petitioned the King to remove
all thosu restraints which inhibited his
Majesty's governors assenting to such
laws as might check so very pernicious a
commerce as Slavery. Of this petition
Judge Tucker says :
"Tho following extract from a petition to the
Throne, presented from the House of Durgc-sr s of
Virginia, April 1, 1772. will show the sense of the
people of Virginia on the subject cf Slavery at that
period :
'Tho importation of slaves into the colony from
tho coast of Africa h:ith long been considered as li
trade of great inhumanity ; and under its present,
cnconriffement. we hava too much reason to fear,
will endanger the existancc of your Mnjesty's Ame
rican dominions.'"
Mark the ominous words! Virginia
tells the King of England, in 1772, four
years prior to the Declaration of Inde
pendence, that His Majesty's American
dominions are in danger : Not because of
the Stamp duties not because of the tax
on Tea not because of the attempt to
collect revenue in America ! These have
since teen deemed sufficient to justify
rebellion and revolution. But none of
these are referred to by Virginia in her
address to the Throne there being
another wrong which, in magnitude and
enormity, so far exceeded these and all
other causes of complaint that the very
existence of His Majesty's American do
minions depended upon it ! That wrong i
consisted in forcing African Slavery upon j
a dependent colony without her consent,
and in opposition to the wishes of her own
people !
The people of Virginia at that day did
not appreciated the force of the argument
used by the British merchants who were
engaged in the African slave trade, and
which was afterwards indorsed, at least
by implication, by the King and his Min
isters; that the colonies were the common
property of the Empire acquired by the
common blood and treasure and there
fore all British subjects had the right to
carry ' their slaves into the colonies
and hold them in defiance of the local
law and in contempt of the wishes and
safety of the colonies.
The people of Virginia net being con
vinced by this process of reasoning, still
adhered to the doctrine which they held
in common with their sister colonies, that
it was the birth-right of all freemen in
alienable when formed into political com
munities to exercise exclusive legisla
tion in respect to all matters pertaining to
their internal polity, Slavery not except
ed ; and Tather than surrender this great
right they were prepared to withdraw
their allegiance from the Crown.
Again referring to this petition to the
King, the same learned Judge says:
"This petition produced no effect, a? appears from
the first clause of our Virginia Constitution, where,
among other acts of misrule, the inhuman use of the
Royal negative in refusing us the rcoplo of Vir
gin a permission to exclude Slavery from us by taw,
is enumerated among tho reasans for separating from
Great Britain."
This clause in the Constitution of Vir
ginia, referring to the inhuman use of
the Royal prerogative, in refusing the
Colony of Virginia permission to exclude
Slavery from her limits by law as one of
the reasons for separating from Great
Britain, was adopted on the 12'.h day of
June, 1776, three weeks and oue day '
previous to the Declaration cf Indepen
dence by the Continental Congress ; and
after remaining in force as a part cf the
Constitution for n period of fifty-four yearr,
was readopted, without alteration, ly th
Convention which framed iht new Con
stitution in IjO, and then ratified by th'j
people as a part of the n'w Constitution ; '
and was agr.in readopted by the Conven
tion which amended the Constitution4 in
ISoO, and again ratified by the people- as
a part of the amended Constitution, and
at this day remains a portion of "tho fun
damental law of Virginia proclaiming
to the world and to posterity i ht onr? of
the reasons for separating -from Great
Britain was "the inhuman use of the Royal
negative in refusing us ihi Colony cf
Virginia permission to exclude Slavery
from us ly law."
The legislalion cf Virginia on this sub
ject may be taken a3 a f;;ir sample cf the
legislative enactments of each ot the thir-
teen Colonies, showing conclusively that
Slavery was regarded by then all as a
domestic question to he regulated and de- .
termined by each Colony to suit itfelf.
without the intervention of the- British
Parliament or r;the inhuman trse cf the?
Royal negative." Each Colony passed a
series of enactments, beginning at an
early period of its history and running
down to the commencement of the Revo
lution, either protecting regulating, . or re
straining African Slavery within ius re
spective limits and in accordance with
their wishes and supposed interests.
North and South Carolinn, following tno
example of Virginia, at first cncowagfd
the introduction of slaves, until the num
ber increased beyond their wants and
necessities, when they attc rnpied to che.de
and restrain the further growth of the in
stitution, by imposing a hirh rate of tax
ation upon all slaves which should hit
brought into those Colonies; and finally,
in 1761, South Carolina passed a law im
posing a penalty cf one hundred pound i
(or five hundred dollars) for "very negro
slave subsequently introduced -into that
Colony. . .
The Colony of Georgia was originally
founded on strict Anti-Slaver) principles,
and' rigidly maintained the policy for a
series of years, until the inhabitants 14
came convinced by experience, that, tvitu
their climate and productions, shve labor,
if net essential to their existence, would
prove beneficial and useful to their ma
terial interests. Maryland and Delaware1
protected and regulated African Slavery
as one of their domestic institutions.
Pennsylvania, under the advice jf TV illiam
Penn. substituted fourteen ycar' service
and perpetual adscript to the soil for
hereditary Slavery, and attempted t5
legislate, not for the to'al aiolition rf
Slavery, but for sanctity of marriage
among slaves, and for their personal se
curity. New-Jersey, Nov; York, nt.d
Connecticut, recognized African Slavery
as a domestic institution lawfully existing
within their respective limits, and passed
the requisite laws for its control and regu
lation. Rhode Island provided by law that no
slave should serve them more than ten
years, at the end of which time he was
to be set free; and if the master shonll
refuse to let him go free, or sold him clse'
where for a longer period of service, he
was subject to a penalty of forty pound;,
which was supposed at that period to be
nearly double the value of the sdav
Massachusetts impose! heavy taxis
upon all slaves brought into the Colony,
and provided in some instances for send
ing the slaves lack to their native land;
and finally prohibited the introduction of
any more slaves into the Colony under
any circumstances.
When New-Hampshire passed laws
which were designed to prevent the in
troduction of any more slaves, the' Briii-h
Cabinet issued the following ' order . n
Gov. Wentworth: "You arc not to give?
your assent to, or pass any law irnposii g
duties upon Negrccs iinport.d into Ntw
Hampshire."
While the legislation of the several
Colonies exhibits dissimilarity of views,
founded on a diversity of interests, on the
merits and policy of Slavery, it shows con
clusively that they all regarded it as a
domestic question affecting their internal
polity in respect to which they were in
titled to a full and exclusive power of leg
islation in the several provincial Legisla
tures. For a few years immediately pre-,
ceding the American Revcl-.tion the -African
Slave trade was neouraged anJ
stimulated by the British Government a;i?
carried en with mere vigor l y the Eng
lish merchants than at any other period
in the history of the Colonies; and thi-5
fart taken in connection with the extra-'
ordinary claim asset ted in the memorable
Preamble to the act repealing th Stamp
duties, that "Parliament possessed the
right to bind the Colonies in. all cases
whatsoever," not only in rerpect t. all
matters affecting the general welfare of
the Empire, but also in regard to the do
mestic relations and internal polity. cf tho
Colonies produced a powerful impression,
upon the minds of the Colonies, and im-
parted peculiar prominence to the princi
ple involved in the controvery. .
( Concluded next wale. ) .
When Martin Wclton, a notorious high--wayman,
was dying in the Massachusetts'
State Prison, ho dictated a minute account
of the adventures of his life. It was pub
blished the next year, and there is a c: py
in the Boston Athencrurj, bound by his -direction
in leather mado from his skin. It
is as soft as wash-leathor.l.a much whiter.