i
TUB ADVERTISER,
t .
! nUlUKV EYKRY TUCRSDAT BT
od slury iroadk,r'8 Block' Main stroct
I unoivwii.i.t:, . t.
XHRMS:
if ' ioivric, - - - - $t 00
r"- ,."; Li tttc cMof smontin s to
" . 12 3 00
" . . ... triii ,e fiirtii.-licJ at 61 0 per
" ?-,.J',l U.ccaso nccBipaiitcf Ue oi.der, not
THE . ADVERTISER;
til
xJ h Ay -Ay
Ay Ay
..i-r.
' : . ....- . . - --
"Free to Form and Regulate ALL their Domestic Institutions in tuclr own war, subject only to the Constitution of the United States."
RATE3 OI ADVERTISING:
One square (10 llne t 1) one ia-.crtiun,
Kac!i ad'litional insertion, ---
Oae u ure. iouu th, -------
Bimnec CriUcf six lUctur ICiS, t ic jctf",
one Column one year, - -- -- -- -
One-half Coibiuu bi.c year, ------
j One fourth Column one yor. - - - - -I
One euhtti Column one je.r, - - - -
CapcoiaTi3bi.tEi.Ltt, -------
OTio bait Column six math-t, -
ue fourth Column six uionttH, - - - - -
Oue cULih Column ix kJuntr.l, - - - -
Or.e Column tbree ukiiH.i, ......
Oae hair Column three BiutKis, - -Oae
fourth Column three mviitfci, . -.-One
etscbth C"lurun three montl., - - - -
Announcing caxJiJutCiforc-ftKc (iu a Jviice,)
.fit co
o
- XUr
6 l
CO to
35 lv .
; iv
1C u
c-5 to
iJ u
JO Ur
6 Cv
2 J l
13 IV
10 Go
Of
- 6 ou
VOL. IV.
BROWNVILLE, NEBRASKA, THURSDAY, OCT. 6, 1859.
NO. 13.
S 1 N K S S 0 A II D S .
TJ. C. JOHNSON,
ATTORNEY AT LAW,
sJuClTOR IN CHANCKRY
Ural iMatc Ascnt,
UKOWKVILLE, X. T.
R K F K B NC B S .
IT .n Wm.Tcup, Muntro?c,Pa.
V i. "
j; y, -i.x. .
I ',', (). MwIt, Chicago, III.
.'!;... P. Fowler,
u V I'u'-nas.Ufownrillc.N .1 .
THE TERRITOUIAL QUESTION.
The Division I J nc Ilctivccn Fed
eral AiilSiorlty Popular Sove
reignty in tlic Territories.
BY KTEP'ILX A. EOVCLAS.
ConclaJcd.
" E. I.1ATHIEU
Cabinet & Wagon-Maker
" ,ii Ftrat.'bet. Sixt n nd faevenm,
ruiivf ii'-wl". etc.. prompt lj- I..nc
xT
JOHN McDONOUGH
r. Sign, & Onv.imcntul Paiuter,
CLA'MKR, fyc.
iijiowxvim.i:, t,
V,i.t ji. Ipe t tl.eCiiy lru2 Sw.rc. -42
LINN" ' C1IAS. V. UOLLV.
' WlNXnY & HOLLY,
ATTORNEYS AT LAW,
V' A ,n :. Courts ..r tim ii'hm (
. ..''.!,, , ,1 l.ui:ipt nlU'li k"l to ll-rou:.
f , it H: wli il i0.
C.Uoc-
ut N-
Will Jittfll.l the
v2n33-6ni
!
E. S. DUNDY,
ATTORNEY AT LAW,
MrrjuiR, nini Annso?! co. '. t.
WII.l. pr.li-.-e iii the -vor.il C -i.rts f tl.c M ' :""'
, ;, ; ,-..l.i-t....l t ,..11 msitw ciinH-tp.l wi.h the
u. McLKSSAN. K .ot M-I.rask t.l,
,,i-t mo in iLa pro-eution ol iiiu-oi-tuiit bui.s.
;'. 10, '--U-tf
Thus the policy of the Colonies on the
Slavery question had assumed n direct
antagonism to that of the British Govern
ment ; and this antagonism not only add
ed to the importance of the principle of
local self-government in the Colonies, tut
produced a general concurrence of opi
nion and action in respect to the question
of Slavery in the proceedings of the Con
tinental Congress, which assembled at
Philadelphia for the first time on the 5th
j of September, 1774.
I On the 14th of October, the Congress
j adopted a Iiill of Rights for the Colonies,
in the form of a series of resolutions, in
j which, after conceding to the British Gov
j eminent the power to regulate commerce
j and do such other things as affected the
j general welfare of the Empire without
j interfering with the internal polity of the
i Colonies, thev declared, -'That they are
entitled to a free and exclusive power in
their several provincial Legislatures,
where the right of representation can
alone be preserved, in all cases of taxation
and internal polity." Having thus defin
ed the principle for which they were con
tending, the Congress proceeded to adopt
the "Peaceful. Measures," which they
still hoped would be sufficient to induce
compliance with th ir just and reasonable
C. V. "WHEELER,
Architect and Builder
MISS MARY TURNER,
MILLINER AND DRESS MAKER.
Mtin Stroet, one d-or above Cnrsons Hank.
IJKOWNVI l A A) S. T.
l, units and Tnimnings altcays on hand.
' JAMES WT G IBSON,
BLACKSMITH
ScciiJ Strei t.lictw.M-n Main a:iJ NeLras-ka,
UUOWXVILLE, N. T.
demands. These "Peaceful Measures
consisted of addresses to the King, to the
Parliament, and to the people of Great
, I Rritain, together with an Association of
Nun-Intric ure to be observed and main
tained so long as their grievances should
remain unredressed.
The second article of this Association,
which was adopted without opposition, and
signed by the Delegates from all the Col
onies, was in these words :
Clocks, Watches & Jewelry.
J. SC1HTTZ
( W,.'!-,,'. aiui'ii!icM.) Um- citizens t.f Hrownville
YS .i:nl i.iuitv tliat lie lias loc.itc-J hinelf in
ifBrownville, nn-J i t.tei.'l, koci ing a full nssort.
m.ki .,r i-vci vilain in Lis liner harness, wLich will
V...M .,w f.,r ra-h. lie will alo 1 all kinl r rc
...Mr.fi!'.,f . ll-: iatchit, Mul jewelry. All work war-
tlllttl'.l.
vSnlSly
DR. 1). GWIN,
Having pcrmanentlv located in
IHIOWNVILLE, NEBRASKA,
l'.,r tl.o .r.iftie of M-Ji, inv Surgery, ten-il-r
lii i i,r.i'c-i(o:t MTViccb to the a Mil' U-1.
1"
DlVe n Main Stn-ct.
.23v3
FENNER FERGUSON,
Attornev. and Counsellor
KLLK-VUKf NEBRASKA.
:.. GEORGE .EDWARDS,
V. 31. O XX IT E CT. r
OFFll L Mam St. LuttnJ Kmnry ir Holly t ojice,
Nebraska City, W . T.
rcT:cii wbft c in emp'Htc binding c lc furnished
hU P4:us.lM.ii!s.:iecirirti..tis. Sc., for but Idincs i
iu,v, U..s .r vaneiy of Mvlc. an.i the eieciioii of tl.c
i:?i.iil.pnii:en.li;lif Ju-.nea. I'luwitt atlculioti paid
t ;ust!ioss fi-'iu a litalle. 6-lf
"Tlint wc will neitlier import nor purohnse any
l.ive imported after the 1st day cf DeceiiilnT next,
niter whicli time wc will who'ly dinuontinuo tins
Slave-trade. ami wc will neithrr be couoernvd in it
ourselves, n ir will wo hire our ve.-Melii, liar 5cll our
i-oiniiiodities or tuanufaeturei to those who arc enga
ged in it."
The Bill of Rights, together with these
Articles of Association, were subsequent
ly submitted to, and adopted by each of
the thirteen Colonies in their respective
Provincial Legislatures.
Thus was distinctly formed between
the Colonies and the parent country that
issue upon which the Declaration of In
dependence was founded and the battles
uf the Revolution were fought. It invol
ved the specific claim on the part of the
Colonies denied by the King and Parli
ament to the exclusive right of legisla
tion touching all local and internal con
corns, Slavery included. This being the
principle involved in the contest, a majo
rity of the Colonies refused to permit
their Delegates to sign the Declaration of
tes in the Union, having claims to waste
and unappropriated lands in the Western
country, a liberal cession to the United
States cf a portion of their respective
claims for the common benefit of the
Union."
On the 20th day of October, 17S3, the
Legislature of Virginia passed an act
authorizing the delegates in Congress
from that State to convey to the United
States "the territory or tract of country
within the limits of the Virginia Charter,
lying and bearing to the northwest of the
River Ohio," which grant was to be made
upon the "condition that the territory so
ceded shall he laid out and formed into
States," and that "the States so formed
shall be distinct Republican States, and
admitted members cf the Federal Union,
having the same rights of Sovereignty,
Freedom and independence as the other
States."
On the 1st day of March, 1781,
Thomas Jefferson and his colleagues in
Congress executed the deed of cession in
pursuance of the act of the Virginia Le
gislature, which was accepted and order
ed to "be recorded and enrolled among
the acts of the Luiited States in Congress
assembled." This was the first territory
ever acquired, held or owned by the Uni
ted States. On the same day of the deed
of cession, Mr. Jefferson, as Chairman
of a Committee which had been appoint
ed, consisting of Mr. Jefferson, of Virgi
nia, Mr. Chase, of Maryland, and Mr.
Howell, of Rhode Island, submitted to
Congress "a plan for the temporary gov
ernment of the territory ceded or to be
ceded by the individual States to the Uni
ted States."
It is important that this Jeffersonian
Plan of government for the Territories
should be carefully considered for many
obvious reasons. It was the first plan of
government for the territories ever adop
ted in the United States. It was drawn
by the author of the Declaration of Inde
pendence, and revised and adopted by
those who shaped the issues which produ
ced the Revolution, and formed the foun
dations upon which our whole American
system of government rests. It was not
intended to be either local or temporary
in its character, but was designed to apply
to all "territory ceded or to be ceded,"
and to be universal in its application and
eternal in its duration, wherever and
whenever we might have a territory re
quiring a government. It ignored the
right of Congress to legislate for the peo
ple of the territories without their con
sent, and recognized the right of the peo
ple of the territories, when organized in
to political communities, to govern them
selves in respect to their local concerns
and internal polity. It was adopted , by
the Congress of the Confederation on the
23d day"of April, 1784, and stood upon
the Statute Book as a general and per
manent plan for the government of all
territory which we then owned or should
subsequently acquire, with a provision
declaring it to be a 'Charter of Compact,'
and that its provisions should stand as
Independence except upon the distinct "fundamental conditions between the
A. D. KIRK,
Attorney at Law,
Land vieat si ml o1aiy ; Public.
Ru!o, Richardson Co., A". T.
Vi;ipr;itieein the C ttrt?of ?i.-t dN'ebraskn .a
y lUrJiniiud Itcnnctt .Nclrutka City.
A. S. "'HOLLADAYrM. D.
K.-H nr.ilv inform Ins fricids in Hmwnvillc and
Iniim- Iijir vtci.iity thai lie lias resumed tlie practice ol
lf-flicisir9 "Stirpfcry, &. Obstetrics,
"1 !i"H s.lr Mrict HtnuioTi to hi profession, to receive
f tut n-utr.,s yMri'iiae I t voiore extenUl to hnn. In
j i'l-cv ut, t: Is j.s.-i rovpe lient. a rerttiua
Jinnc-swiil lip .lone Oil. cat City Drug Siore.
Ft!,. -S3. 35 ly
SAINT JOSEPH
MULE COLLEGE,
ST. JOSEPH, MO.
"tt'ILl.IAM CAMERON", A. M., Principal.
'"nr.Vtoir orpni7el a a first class Feinnle Bar.lmc
'! ?. s.-L.m.i . Numt.cr limited t. lift, iwltidtni! 5
'ill... s,-!i.iiastn vt-nr O'liitneii. iou' rirst Monday In
I'lM.iSor. Tor Catalogues, with full particulars, ad-
-'iM 4ili. ls..9.
vjn-ltf
VJ7; YOURMOXKYJ.YD GO TO
WJb T- DFX,
IT SI M 111,
Wholesale ami He ;u! dealer in
BOOTS AND SHOES.
llrotcnrille, -V. T.
. HAS NOW OX HA XI) a larsc mid well select
a7 J id st.kof iiitutsftiid Shoes, Iidy': and Gent.'
I'.. '"JiturM and SlimK-rs of every variety ; alto,
V.Ii?.es and Children shoes of every kind that I
''U Mil chv.er for Cash or Tr-Mlucc th;ui any other
1 ' ie west r st. Louis. All work warranted; order
rf.irtfn!iy solicited.
Tl, lliheNt Cash jricepaid foT Hides. Pelts and yiiri.,
' e,o cay 11 tot and Shoe Sirrc. Cut LcaUicr kci-t for
nvilic, June 2d, '&X n49jf-
con lition and express reservation to each
Colony of the exclusive right to manage
and control its local concerns and police
regulations without the intervention of
any general Congress which might be
established for the United Colonies.
Let us cite one of those reservations as
a specimen of all, showing conclusively
that they were fighting for the inalienable
right of local self-government, with the
clear understanding that when they had
succeeded in throwing off the despotism
of the British Parliament, no Congres
sional despotism was to be substituted for
it:
'Wo the Delegates of Man l.uid, in Convention
nsfeuibleil. (kxleelnre tliat the King of Ureut iri!ain
has vi-ilatcd Lis eumpnet with tln eni'le, nnl t'nal
they i'Wo i;o ullcj.'iui;ee to hirr. We have therefore
thought it ju.-'t Hnd neee.snry to empower our Ieju
tios in Congress to join with a liiaji-rity of the Unit
ed Colonies in declaring them frceand independent
State?, iu fianiing such further confederation be
tween them, in making foreign alliances and in
adopting such uther measures as shall be judged ne
cessary for the reservation of their liberties :
I'roridctl, The Frdc and exclusive right of regu
lating the internal indity and government t,f this
Colony be rest rvrd to the people thereof.
We'harc also thought proper U call a new Con
vention for the urjuisc of ett.nLlishing a new gov
ernment in this (. o! ny.
No ainbiticus view, no desire of independence,
induced the peopled .Maryland to form a unienwith
the ether Colonies. To procure an exemption from
the l'arliauientary taxation, und to eoutiuuu to the
Legislatures of these Colonics the M.lo ond exclusive
right of regulating their Internal Polity, was cur
original nnd only motive. To maintain inviclate our
liberties, and to transmit them unimpaired to pos
teritv.was our dut3' mid first wihh : ournext, to eon
tinue connected with and dependent on Great Prit
nin. For t lie truth of these assertions we appeal to
that Almighty Peing who is emphatically styled the
Searcher of hearts-, and from whose omniscience none
is concealed. Pelyiugon His Divine protection and
assistance, and trusting to the justice of our en use, i
we exhort and wmjure every virtuous eitiz. n to join ;
enrdiallT in defence of our common ri'.'hts, and in !
-
thirteen original Stages and those newly
described, unalterable but by the joint
consent of the United States in Congress
assembled, and of the particular State
within which such alteration is proposed
to be made." Thus the Jeffersonian
Plan fo.- the government of the territo
ries this "Charter of Compact" these
"fundamental conditions," which were
declared to be unalterable" without the
consent of the people of "the particular
State (Territory) within which such al
terati?n is proposed to be made," stood
on the statute book when the Convention
assembled at Philadelphia in 17S7 and
proceeded to form the Constitution of the
United States.
Now let us examine the main provi
sions of the Jeffersonian plan:
7rf '"Tliat the territory ceded or to be ceded by
the individual State to the United States, whenever
the eauic shall have been purchased of the Indian
inhabitants, nud oflered for sale by the United Sta
tes, shall be furxed into additional States," ie.
The Plan, proceeds to designate the !
boundaries and territorial extent of the I
"proposed additional States," and then
provides :
.VteowJ "Thnt the settlers within the territory so
to be purchased and offered for ale, shall, either oa
tbeirottn p tilioa i r on the order of Congress, rec
eive authority f rain them, with appointments of time
and place, for the ir free m.iK-s of full age to meet to-
gctlitrfor the purpose of establishing a temporary
government, to ud pt the Constitution and laws of j
unv one ot these Xates, ' the thirteen original pta-
inhabitants, the Plan contemplates that
they shall continue to govern themselves
as Slates, having, as provided in the Vir
ginia deed of cession, "the same rights of
sovereignty, freedom, and independence,"
in respect to their domestic affairs and
internal polity "as the other States," un
til they shall have a population equa to
the least numerous of the original State?;
and in the mean time shall keep a sitting
member in Congress, with a right of de
bating but not of voting, when they shall
be admitted in the Union, on an equal
fooling with the other States, as follows :
Fourth "That whenever any of the ha d States
shall have cf free inhabitants as tianyai shall then
be in any one of the least numerous of the thirtjcn
.original States, such State shall be admitted by its
delegates into the Congress of the United States on
an cijual footing with the thirteen original States."
And
'Until such admission by their delegates into Cou
gress, any ot the said State after tbo establishment
of their temporary Government, shall have authori
ty to keep a sitting member in Congress, with the
right of debating, but not of voting.
Attached to the provision which appears
iu this paper under the "third" head is a
proviso, containing five propositions, which
when agreed to and accepted by the peo
ple of said additional States, were to "te
formed into a charter of compact," and to
remain forever "unalterable," except by
the consent of such States as well as of
the United States to wit:
"I'rorided that both the temporary nnd perma
noat governments be established on these principles
as their basis :
iVrf That they shall forever remain a part of the
United States of America.
Second That in their persons, property, and ter
ritory, they shall be subject to the Government of j
the L nitot Mates in Congress assembled, and to the
Articles of Confederation in all thotC cases in which
the original States shall be subjoet.
Third That they shall be subject to pay a part
of the federal debts contracted, or to bo contracted,
to bo apportioned on them by Congres, according to
thesamo common rule and measure by which appor
tionments thereof shall be madeou the other States
Fourth That their respective- governments shall
be in republican form, and shall admit no person to
be a, citizen who holds au hereditaiy title."
The fifth article, which relates to the
prohibition of Slavery after the year
1600, having been rejected by Congress,
never became a part of the Jeffersonian
Plan of government for the territories,
as adopted April 23, 17S4.
The concluding paragraph of this Plan
of Government, which emphatically ig
nores the right of Congress to bind the
people of the territories without their
consent, and recognizes the people there
in as the source of all legitimate power in
respect to their internal polity, is in these
words:
'That all the preceding articles shall bo formed
into a charter of compact, shall be duly executed by
flic President of the United States, in Congress as
sembled, under his hand and the seal of the United
States; shall be promulgated, and shall stand as fun
damental conditions between the thirteen original
States and those newly described, unalterable but
by the joint consent of the United States in Con
gress assembled, and of the pariicular Sttto within
which such alteration is proposed to be made."
It is true that the Government of the
Confederation had proved totally inade
quate to the fulfillment of the ends for
which it was devised ; not because of the
relations between the Territories, or new
States, and the United States, but in con
sequence of having no power to enforce
its decrees on the r ederal questions which
were clearly within the scope of its ex
pressly delegated powers. The radical
defects in the Articles of Confeder
ation were fouud to consist in the fact
that it was a mere league between sov
ereign States, and not a Federal Govern
ment with its appropriate departments
Executive, Legislative and Judicial each
clothed with authority to perform and
carry into effect its own peculiar func-
! tions. lhe Conlctleration having no
power to enforce compliance with its re
solves, Vthe consequence was, that though
in theory the resolutions of Congress were
equivalent to laws, yet in practice they
were found to be mere recommendations,
which the States, like other sovereignties
observed or disregarded according to
their own good-will and gracious pleas
ure." . Congress could not impose duties,
collect taxes, raise armies, or do any oth
er act essential to the existence of gov
ernment, without the voluntary consent
and cooperation of each of the States.
Congress could resolve, but could not car
ry its resolutions' into eflect could re
commend to the States to provide a reve
nue for the necessities of the Federal
Government, but could not use the means
necessary to the collection of the revenue
when the States failed to comply- could
those rights of property in slaves which
were sacred under the laws and constitu
tions cf their respectire States so long as
the Federal Government had no power to
interfere with the subject.
In like mariner, the non-slarehclding
States, while they were entirely willing
to provide for the surrender of all fugi
tive slaves, as is conclusively shown by the
unanimous votes of all the States in the
Convention for the provision now under
consideration, and to leave each State
perfectly free to own slaves under its own
laws, and by virtue of its own separate
and exclusive authority, so long as it
pleased, and to abolish it when it chose,
were unwilling to become responsible for
its existence by incorporating it into the
Constitution as a national institution, to
b? protected and regulated, extended and
controlled by Federal authority, regard
less of the wishes of the people, dud in
defiance of the local laws of the several
States and Territories. For these oppo
site reasons the Southern and Northern
States united in giving a unanimous vote
in the Convention for that provision of the
Constitution which recognizes Slavery as
a local institution in the several Slates
where it exists, "under the laws thereof,"
' and provides for the surrender of fugitive
slaves.
It only remains to be shown that the
Compromise measures of ISoO, and the
Kansas-Nebraska Act of 1&51 are in
perfect harmony with, and a faithful em
bodiment of the principles herein enfor
ced. A brief history of those measures
will disclose the principles upon which
thev are founded.
On the 29th of - January, 1S50, Mr.
Clay introduced into the Senate a series
of resolutions upon the Slavery question,
which were intended to form the basis of
the subsequent legislation upon that sub
ject. Pending the discussion of these re
solutions, the Chairman of the Committee
on Territories prepared and reported to
the Senate, on the 25 th of March, two
bills, one for the admission of California
into the Union of States, and the other
for the organization of the Territories of
Utah and New Mexico, and for the ad
justment of the disputed boundary with
the State of Texas, wnich were read
twice and printed for the use of the Sen
ate. On the 19th of April a Select Com
mittee of thirteen was appointed, on mo
tion of Mr. Foote of Mississippi, of which
Mr. Clay was Chairman, and to which
were referred all pending propositions re
lating to the Slavery question. On the
Sth of May, Mr. Clay, from the select
committee of thirteen, submitted to the
Senate an elaborate report covering all
the points in controversy, accompanied by
a bill, which is usually known as. the
'Omnibus Bill." By reference to the
provisions of this bill, as it appears on the
files of the Senate, it will be seen that
it is composed of the two printed bills
which had been reported by the Commit
tee on Territories on the 25th of ,March
previous; and that the only material
change in its provisions, involving an im
portant and essential principle, is to be
found in the tenth section, which prescri
bes and defines the powers of the Terri
torial Legislature. In the bill, as report
ed by the Committee on Territories, the
legislative power of the Territories ex
tended to "all rightful subjects of legis
lation consistent with the Constitution of
the United States," without excepting
African slavery; while the bill, as report
ed by the committee of thirteen, confer
red the same power on the Territorial
Legislature, with the exception of Afri
can slavery. This portion of this section
in its original form reads thus:
prevent it saying he shall not enjoy the fruit of; '-That this was the basis of the cotnrom'jes oT
their labor. If tho Senator from Missictiirpi meanj
to say that "
Mr. Davis:
'I do nnan to say it."
Mr. Clay :
"If the object of the Senator is to jrcvida that
s!aveinaybe introduced int territory contrary to
the lex led. and. beinz introduced, nothimr shall bo
doue by the Legislature to impair the riirhis of ! ptuity and expansion of thi? Union injured to it
owners to hold slaves thus brought contrary to the utiBost capacity of etabraeiug in i.-ce and harmv
local laws, I certainly cannot vZ:e for it. la doing njary futars ASiericaa State that may bo tonstitu-
.oa or annexe a wun a iepubiicazx iona 01 uvv
eminent."
13-9.conCrmed by both the Democratic and Wh.jj
parties in National Convention ratified by thu .
people In the election of aod rightly applied
to tne organization of the Territo ries in J-j4; tiat
by ths uniform cpplio-ttion f this Democratic pria
ciplo to the orgmiittion of Territories and to th
admission of new States, with or without dcme!tic
Slavery as tbey uT.ly elect, the equal rights of nil
will be preserved intact the er'zina cowwrt t"
the Con!itutioa maintained inviolate ond tfceper-
solshali repeat again th expression of opinion
which I announced at an early period in this ees-
tes."; s;i that such laws iievtrthcie;s shall be subject j recommend to the States to provide an
at my for the general defence, and appor
tion among the Slates their respective
quotas, but could not enlist the men and
order them in the Federal service.'" For
these reasons a Federal Government,
to alteration by their ordinary Lcgisla ures; and to
erect, subject to like alterations, counties or town
ships for the tkctiou of members for their Legisla
lature." Having thus provided a mode by which
the first inhabitants or settlers of the ter-
r.t. J . r l. :. . . . 1 1. .... .
maintenance 01 me iiccuum 01 mis ui.u uvi n.-m . , -, , . . , ,
, ':.. for themselves the Constitution and laws
Vl'tViiiVft .
CITY BAKERY,
bet. Main and' Atlantic,
BROWNVILLE,
nrt Et
COMFORT & TICE,
AXNOUXCE to the oil urn of lirownville ami vicinity
'aviipy uve rented tUe takorj-torniorlr wn.il t'j K.
'ftliniK. au. arc now prepared to furnish lire. id t'aktj,
CuiiUctioucrv, Ice Cream, Lcnum.-i'le. fcr.. c.
M. C COVC OKT,
u- JOSEPH TICK. '
BfuvnTilleArrUSS, '69. 44tr
The first Tlan of Federal Government
adopted for the United States was formed
during the Revolution, and is usually
known as "The Articles cf Confedera
tion." By these Articles it was provided
that "Each State retains its Sovereignty,
Freedom and Independence, and every
power, jurisdiction and right which is not
by this Confederation expressly delegated
to the United States in Congress assemb
led." At the time the Articles of Confedera
tion were adopted July 9, 177S the
United States held no lands or territory
in common. The entire country, iinlud-
ill'T all the waste and unappropriated i prescntatives to establish a pein uicut tpr.stit
i . T i . - .1 J -.1 : and Government fcr themselves."
tanus, eiiii'iaeeu wiuiui ui jici lauun ij
the Confederacy, belonged to and was the
property of the several States within
whose limits the fame wns situated.'
On theGihof September, 17S0, Con
gress "recommended to the several Sta-
. i . . i . . . .
ritory may assemble together and choose ? :,ls appropriate aepanmems, acting
unrciiy upon lilt; juuiviuuai unpens, wan
authority to enforce its decrees to the ex-
of some one of the thirteen original Sia
tes, nnd declare the same in force for the
government cf their territory temporarily
with the right on the part of the people
to change the same, through their local
Legislature, as they may see proper, the
Plan then proceeds to point out the mode
in which they may establish for themsel
ves "a permanent Constitution and Gov
ernment," whenever they shall have
twenty thousand inhabitants, as follows:
Third '-That tuch temporary Government only
Miall continue in t"rcc in any ffe until it shall
have acquired twenty thonsand free inhabitants,
when, giving due reef thereof ti Congress, they
shall receive from them nuthority, with nppoint-
nents of time and jaace, to call a Convention of loc
ution
''And be it further tnf -tcd, that tho legislative
power of the territory shall extend to oil rightful
subjects of legislation consistent with the co nstitu
tioii of the United States and the provisions of this
act; but no law shall be passed interfering with the
primary disposition of the soil."
To which the Committee of thirteen
added these words: "Nor in respect to
African slavery." When the bill came
up for action on the 15th of May, Mr.
Davis, of Mississippi, said:
'I offer the following amendment. To strikeout
in the sixth line of the tenth section, the words, 'in
respect to African slavery,' and insert the words,
'with thoiO rights of property growing out of the in
stitution of African slavery as it exists in any of the
States of the Union.' The object of the amendment
is to prevent the territorial legislature from legis
lating against the rights of property growing out of
the institution of slavery. It will leave to
the territorial legislatures those rights and powers
which are essentially necessary, not only to the pre
servation of property, but to the pence of the terri
tory. It will leave- the right to make such polic;
regulati'.ns as are necessary to prevent disorder, and
whieh will be absolutely necessary with such pro
perty as ttat to secure its beneficial use to its own
er. With this brief explanation I submit the
amendment." . .
Mr. Clay, in reply to Mr. Davis, said:
''I am not perfectly sure that I comprehend tho
full meaningof the amendment offered by the Sena
tor from Mississippi. If I do, 1 think he accomplishes
nothing by striking out the clause now in the bill
and Inserting that. which he propose to insert. Tho
clause now in the bill is, that the territorial legisla
tion shall not extend to anything respecting African
slavery within the territory. ThetiFuctof retaining
the clause as .eported by the Committee will be this:
Th it if any of the territories slavery now exists, it
shall not be abolished by the territorial legislature ;
and if iu any of the territories slavery does not now
exist, it cannot bo introduced by the territorial leg
i.lature. The clause itself was introduced into the
The slaveholding ! ''''' y the Comuiittco for th a purpose of tying up
t , i , . e ... iijcua-inui iiiu territorial leisoiiure in resneei to
States would never consent for a moment lej,i-Iiaing ataiif0no w.yo? the other, upon the
that their domestic relations and espe- Uubieet of African slavery. It vas intended to leave
Ciallv their rirrht of property in their the legislation and the law of th respective terri-
y ,,V'r j . i?,wl ... 1 toneiin the coalition in. which tho Act will find
slaves snouiu ne m?pruurui upuu i iu-; tVrn- t ,.atoJ n aff,rmeP l(v.jasion tkat j aid not. S
HI iiave m (.ouiinitte' vote for the an-.'nd;n?nt tn Insert tl
ci .use, eioug". i; wspr-..p'iscd to be introduce
majoiUy d Uie ('ojiiinttee. I att ieho I verv
sion.
Here we find the line distinctly drawn
between those who contended for the right
to carry slavery into the territories and
hold them in defiance of the local law, and
those who contended that such right was
subject to the local law of the territory.
During the progress of the discussion on
the same day, Mr. Davis, of Misfippi,
said
"We are giving, or proposing to give a govern
mcnt to a territory, which act rests upon the basi
of our right to make such provision. We suppose
wchave a right to confer power. If so, we may mark
out the limit to which they may legislate, and are
bound not toconfer power beyond that which exists
in Congress. If we give them power to legislate
beyond that, wc commit a fraud or usurpation, as it
may be done openly, covertly, or indirectly."
To which Mr. Clay replied:
"Xow, Sir, I only repeat what I have had occa
sion to say before, that while I am willing to stand
aside and make no'legislative enactment one war or
other to lay off the Territories without the Wil
mot Proviso on the one hand, with which I under
stand we are threatened, or without an attempt to
introduco a elauso for tho introduction of slavery in
the territories. Whilo I am for rejecting both tho
ono and tho other, I am content that the law ns it
exists shall prevail; and if there beany diversity of
opinion as to what it means, I am willing that it
shall bo settled by the highest judicial authority of
the country. While I am content thus to abido the
result, 1 must say that I cannot vote for any express
provisions recognizing the right to carry slaves
there."
To which Mr. Davis replied that:
"It i? said our Revolution grew out of a Preamble
and I hope wo have something of tho same charac
ter of the hardy men of the Revolution who first
commenced the war with the mother country some
thing of tho spirit of that bold Yankee who said he
had a right to go to Concord, and that go he would,
who, in the maintainance of that right met his death
at the hands of aRritish sentinel. Now, Sir, if our
right to carry slaves into these Territories bo a
constitutional right, it is our first duty to main
tain it."
Pending the discussion which ensued,
Mr. Davis, at the suggestion of friends,
modified his amendment, from time to
time, until it assumed the following shape :
"Not to introduce or exclude Afriran Slavery,
provided that nothing: herein contained shall be
construed so 33 .o prevent said territorial legislature
from passing such laws as may bo necessary for the
protection of tho rights of property of every kind
which may have been, or may hereafter be, conform
ably to the Constitution of the United Statei, held
in or iatroducod into said territory."
To which, on the same day, Mr. Chase
offered the following amentlment :
"Provided, further, that nothing beroin contained
shall be construed is authorizing or permitting the
introduction of Slavery or the holding of persons
as property within said territory."
With reference to the protection of
property in slaves, Mr. Douglas said :
"I have a word to say to tho honorable SVnafor
from . Mississippi, Mr. Davis. He insists that I am
not in favor of firotecting property, and that his a
mendment is oflered for the purpose of protecting
property under the constitution. Now, sir, I ask
you what authority ho has for assuming that? Do
I not desire to protect property because 1 wish to al
low the people to pass such laws a they may deem
proper, respecting their rights to property, without
any exception ? He might as well say that I am op
posed to protecting property in merchandize, steam
boats, in cattle, in real estate, ns to say I am opposed
to protecting property of any other description : for
I desire to put them all on an equality, and allow
the people to make their own laws in respect to the
whole of them."
Mr. Cass said, referring to the amend
ments offered by Mr. Davis and by Mr.
Chase : j
"Now with respect to the amendments. I sha!
vote against them both, and then I shall vote in fa
vor of striking out tho restriction in the Rill ujh.ii
.hc power of the territorial governments, I shall do
so upon this ground. I wasoDposed, a the honora
ble Senator from Kentucky has declared he wa-, to
the insertion of this prohibition by the Committee.
I consider it inexpedient and unconstitutional. 1
have already stated my belief that the rightful pow
er oi internal legislation in tue territories belongs
to the people."
After further discussion the vote was
taken by yeas and nays on Mr. Chase's
amendment, and decided in the negative:
Yeas, 25, Nays, 30. The question re
curring on the amendment of Air. Davis,
of Missiissppi, it was also rejected : Yeas
25, Nays 30. Whereupon, Mr. Seward
offered the following amendment :
"Neither slavery nor involuntary servitude, other
wise than by conviction for crime, shall ever be al
lowed in either of said territories of Utah and New
Mexico."
tent of its delegated powers, and net de
pendent upon the voluntary action of the
several States in their corporate capacity,
became indispensable as a substitute for
the government of the Confederation.
It was necessary to give this exact defi
nition of Slavery in the Constitution in
order to satisfy the people of the South as
well us of the North.
In accepting the nomination of thii
Convention, Mr. Buchanan, in a letter
dated June 16, 1556, said :
"Tho agitation on the ouestioa of Domestic' Sla
very has too long distracted and divided tho pooj Ju
of this Union, and al.cnatei their aifjctioin from
each other. The a.;itatroihassiniied many fortes
sin -e its commeuceuiaut, but it ihw seems to be di- ,
rected chieCy to tho Territories; and judging from
its present character, I think we may safely antici
pate that it is rapidly approaehiag a finality.' Th
recent legislation of Congress, respecting d meitie
Slavery, derived, as it has been troic the original
and pure fountain of legitimate political power, l4
wiil of tho mijoiity promises, ere long, to all iy t'ao
dangerous excitement. This legislation i found?d
upnu principles as ancient as free government itJlf
and iu accordance w.th them has ly doelared
that tho people of a Territory, like those of a State,
shall decide for themselves whether slavery shall or
shall not exiat within their limits." .--'
This exposition of the history of. thuio .
measures snows conclusively teat me au
thors of the Compromise measures of
1550, and the Kansas Nebraska Act of
1854, as well as the members of the Ccn- '
tinental Congress in 1774, and the foun
ders of our system of government subw-.
quent to the Revolution, regarded the
people of the Territories and colonies aa
political communities which were cntith d
to a free and exclusive power of legisla
tion in their provincial legislatures, where
their representation could alone be pre
served, in all cases of taxation, and ia
ternal polity. The right pertains to the
people collectively as a law-abiding aad
peaceful community, and not to the isoJa
ted individuals who may wander upon the
public domain in violation of law. It can
only be exercised where there are inhab
itants sufficient to constitute a government
and capable of performing its various
functions and duties a fact to le ascer
tained and determined by Congress.
Whether the number shall be fixed at ten,,
fifteen, or twenty thousand inhabiianti
does not affect the principle.
The principles, under our political sys
tem, is every distinct political comnvunitj,
l.-Tit fry Vrt V I it i.it r j 1 I r Irt.n
luwti iu nit; Tjijiiininiiw.i, a;.n nit iii.uii,
is entitled to all the rights, privileges,
and immunities of self-government in re
spect to their local concerns and internal
polity, subject only to the Constitution Of
the United States.
Our Creed.
We believe in srall farms and thorough
cultivation.
We believe that soil loves to ent as
well as its owner, and ojght, therefore,
!a be manured.
We believe in large crop?, which leave
the land better than they found it mak
ing both the fanner and tlie farm rirh at
once.
We beliere in going to the bottom cf
things, and therefore in deep plowing and
enough of it. All the better with a sub
soil plow.
We believe that every farm should own
a good farmer.
We beliere that the best fertilizer of
any soil is a spirit of industry, enterprise
and intelligence without this, lirne and
gypsum, bones and green manure, marl
ami guano, will be of little u.-e. ' '
We believe in good fences, good bin.',
good farm-houses, good stock, good orch
ards, ami children enough to gather fruit.
We believe in a clean kitchen, u neat
wife in it, spinning piano, a clean, cup
board, a clean dairy, and a clean con
science. We firmly disbelieve in fanners thai
will not improve ; in farms that gro-
poorer every year; in starving cattle;. in
Which was rejected Yeas, 23, Nays
farmers' bovs
turning
into clerks and
al authority, or that Congress s
Having thus provided for the first set
tlers "a temporary government'' in these
"additional States," nnd for "a perma
nent Constitution and Government" when
they shall have acquired twenty thousand
o v a
lit'la
conseuwenee t) it at the time, and I attach verv I '"The Amen-m Demoemey reeortizs nnd adopts
r.t. It is p ;r'im .if no 1 articular f the principle e-ntin- 1 in the organic l.iwse-tal.iish-
impo,r-t?uict;-wha:.cyer. Now. Sir. if I understood tho : nig the leriit.rieiti ansas and Nebraska a em
measure pro;,o." d by the Senator from Missis.-ippi. b dying the ( niy -sound and safesolu'xn of the
itann at the sama tiling. . ldo not und-rjtnd bim "Slavery ojcsti.'n," upjn which the great naiionnl
a proposing that if any oae iii.ill. carry na'es iaio j idea of the pi-op!- of thii whole country can repose
-non-
33.
On the 14th of August the bill for the
organization of the Territ.ry of Mexico,
was taken up, and amended so as to
conform fully to the provisions of the
Utah Act in respect to the power of the
Territorial Legislature over "all rightful
subjects of legislation consistent with tin
constitution," without excepting African
Slavery, and was ordered to be engrossed
for a third reading without a division;
and on the next day the bill was passed
Yeas, 27 ; Nays, 10. .
These two bills were sent to the House
of Representatives, and passed that body
without any alteration in respect to the
power of the Territorial Legislatures
over the subject of slavery, and were ap
proved by President Fillmore, Sem. 9,
1559.
.
In 1S56, the Democratic Party, assem
bled in National. Convention at Cincin
nati, declared by a unanimous vote of the
delegates from every Stale in the Union,
that :
merchants; in farmers' daughters unwill
ing to work, and in all farmers ashamed
of their vocation, or who drink, whiskey
until honeVt men are ashamed of theta.
Beccher on Fannin sr.
t!?mmm-j
0vEa-Ri.Aciii5G Horses. A writer
in the N. E. Farmer, who is a black
smith, cures over-reaching horses, and
increases their trotting speed fifteen or
twenty seconds per mile, by the fclbwiirj
mode of shoeing, which increases the mo
tion of the forward feet and retards' tho
motion of the hind ones. He nukes, the
toe-caulks very low, standing a litile.un
der, and the shoes set as far backward
as convenient, on the forward feet, with
high hcel-caulks, so as to let them roll
over as soon as possible. On the hind
feet, the heel-caulk is low and the toe-
hizh and projecting forwiad. -
caulk
Horses shod thus, travel ilean, with . rio
click. "
any power over the subject either to ex
tend, confine, or restrain it; much less to
protect or regulate it lest, under tne Llittie to it a: p--
pretence of protection and regulation, the
Federal Government, under the indu -nice
nf tlie stron"1 and increasing Anti-Slaverv
L.w;mAn .T.;,.k m ,o wv;,..f I l territory 3lth..u;h H th- of'the terri'cry ; in its det.-ifiin-d conservatism of the Uaion
,111V- .' . " In cannot tske them there- tho' W.-hitrve hands of intervention by Congress with slmry .. State
might qestruy tne jnsiltUtlCI, anc Cliyest j. tae territorial goycrmacuS should be so tied as to j asd Teiritory, or iu tho District cf Columbia: .
Drivisg off the Hats. The Farm
Journal gives an experiment performed
with chlorine gas. A dish of manganese
and muriatic acid, for prod acing this ga,
was placed under the Erret tioor, and en
the lathing below it, the floor board.bein.
replaced. The gas, being heavy, descen
ded in every direction between plastering
and walls, and being exceedingly pun
gent, produced a "great sensation." "All
nightlong, it would seem as if Bedlam
had broken loose between the partitions.'
They decamped, big and little, and stayeu
away three months. Chloride fe'a "poi
sonous gas, unless in minute portion., and
great caution is required not . to- breath
much of it. It should be well confined
wirhiu JtiV walls. It is aij admirable pu
rifier, at least. The best rat trap cr-rr.v
poi;Cn we ever fcund, is a cat. ' '.
t
t
