The Oregon statesman. (Oregon City, O.T. [Or.]) 1851-1866, January 20, 1857, Page 2, Image 2

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    ayes, Messrs. llnvley, Cornelius, Ford, Ross,
Smith, and Mr. Fresiilent 6; nay, Meters.
Drain, o Uryant, ret-bles a.
In Marion county, ami bill .to IncptrhW
tho Albany Library and Library Associa
tion. Bill to Incorporate the City of Salem, re-
fcrrcd to.coniiuittecof.UieWlitjlit. JL&
Jonrned.
, ArrKsopii.-oarjl tiaWinto couimit
. fee ef .the Vl'lM nl Hill tor incorporate the
City of Salem. Bill amended, and commit-
i. tee arose, aad ta bill mum mmmm.
Coqncil concurred tti h-i neiadrial to
Congress .tq pay exrienand:vblunteera ie
i.iho Indian, war of ; uldjonrnedJ ii '
v ... . : . .,naJnr'lB;-18Mi!
r;, iltovm. Mr. Oryer iprttrutod taa ''r?ti
, ,t Un of. arJaats aad ahiiierc of Pbftland
r; for a law to prffvctiCUfie eacaife of seamen
ufroro tycswlj while in port. .Ileferfrrd tdcoml
uittea on couunefeei t ,1 -rn! t tu t vtH ;
Mr. Johnson presented" thd'lWtiti0"1 of
; ,Wm. Uarlick for a div orce from a in lwifo,
.; - - Mr. Brown, of Multnomah, 1 prweated
memorial relative to the refutation bf . the
liquor traffic Mr.. JjoVejoy afco preteated
.. two petitions oa '-.the same aabject, all of'
., which were referred to We select committee
on this nnestioa.l r.i,ii. . 'nl - a1!
, .Mr. Berry offered a' memorial, dircetedto
. Cocirress, asklnjr for an appropriation -for
. services of volunteers' in the Indian war 'of
lV Southern Oregon in 184.'. Adopted. -1
j ,vUr; Dryer presented the memorial of cer
tain snb-cod tractor! on the penitentiary.'
i r. ,Mr. Welch presented the petition Of III
- rant bmtta and m. I'hmae, askimr win
penaation for labor on a Territorial read.'
Mr. Underwood, front committee on en-
-. grossed bills, reported sereral, bills 1 aa" en1
TOSseU. , x :l l i- !. h-aJ.H ji.'.f.wxi
,,t- n motion C Mi. Brown,' of Iihn,! two
members were added to the seMct-rowimfttee
on the; assessnient feill, Mesark. 'Brown of
. Linn, and Collard: :-.-i?I .!..! V nwJt
. Bill to pay certain claims of the Oregon
statesman, and I'Orttana Limea, foe print
. tug, ana AWttor, came up on. its nuai pas-
Mr. Direr . objected to : the bill ' Itecanse
.the pay of the two papers waanneqnaM Ite
did not see why Iht Statesman should 'be
paid a ranch greater sum than the Timmfor
lertorBiins theanthonzetl printinr, while
at the tame time the . oOnaf : papers - of '.he
Territory paWislied the fame wtthrtiituchftfTre
for the information .of theiri. readers.' lie
objected to it; be thought it owcohstitn
tionl. The organic tfet mid that Only One
object skould be embodied in one bill,' where
as this bill prorided for payiacr Jbth the
claims of the priuters and Territorial. AuJ
itor. . - .'! V '--i ''.'iv t-t
Mr. Smitli, of Linn, answered the-ob
jections raised by Mr. Dryer: ) The ortanie
act did require that but oue object should be
embraced in a bill, . but it also provides ; for
the payment of claims, and it ;-,w4 not : ne
cessary that escr. claim should be preseateil
ta a separata bill. lie thought fins law iq
conformity to tn$ ureaiuo cw -in answer
til the objections to.tjie public printer, Mr
Smith said that he had ! been: ordered! to
publish thCso noticesand retoras ;br Ihe
Legislature the IiCpislataro ised. the pri
ces of printiuar, ajwl. Conprress receirctl the
cbarees and paid tUem.' ;lo the case of the
printinr of the code of lairs, they lisr deck
ed the . bill some ' $4,000, and he pr warn
ed, the printer. wonld sell the damand now
for 20 cents on the dollar. 1 ' -'A
t- You elect an officer to perform a duty and
la it to be objected to bint i that he- has
served the Territory and received his pay?
I should raise no objection It: the editor' of
the Oreeonian had presented a. funular feiifc
The only qncstion with me would be whetfcrt
r it was meritorious and just; if ft: Was,
would pay it.- lie asks -why tba titatesma!s
bas chareed more than the Times. nAsi to
the disparity between the bills of the Tiatcs
and statesman, he tuonzut it mtirhtM1 ex
plained on the ground of different amount
of service performed by tho two. bo to the
Auditor, and he tells yon that the pahJinher
of the Statesman filed a bill to a Certified
amount, and that a bill or. tut limes .' was
filed to a similar proportionate araonnt, and
it will be found that l&ey nave not cliarjred
very different for the same work. The Lee-
islatnre bas ordered certain notices to bo
published hy -the Secretary bat has not
made it his duty to publish them in all the
papers of the Territory," and it is not strange
the he should choose papers ot like political
sentiments to bis owa. . lie sees paragraphs
in other papers against the Secretary, and
it would not be strange if be did not pat
ronize these papers. If certain papers' have
published this matter by authority aad Lave
not presented tbeir bills, it Is no fault of the
others, and no reason why they should' not
be paid. - He defended the Aaditor said
his pay was small, and this demand of 9100,
was for office rent, wood, A; a, and he
thought it was no more than just as it was
certified to. Expressed himself indifferent
to the fate of the bill, although he had pre
sented it. -
Mr. Dryer said that claims of hundreds
and thousands of dollars were prcssim, ,ih
upon ns, and all he Wanted was to have them
fairly adjudicated. He reiterated bis for
mer assertions that he - wonld vote to pay
the public printer to the last cent, bat wish
ed to keep watch of the public funds.' He
charged that the publication of the' returns
was not for the public good, but to put mon
ey in the hands of the partizans. This bas
been the elgislation of Oregon' for a long
time tostrstain the Democratic party.' !IIe
had not claimed any pay for his services.
He had published, in the Oregonian, these
notices, and done it gratuitously, and believed
that the public good required those facts to
be published in all the papers of Oregon.
It was not malice or spleen that prompted
htm to this course, bnt from bis kr.Ovrtedge
of printing, he thought the prices enormous.
We should not deal ontithe public funds
with a prodigality which would 'pauperise
the country. Adjourned. - V- ;; "
' Aftekxoox. House "continued Ihe ' con
ideration of the bill' for relicfof priutcrs
and auditors, i . . . ' ' 'y. ',";"'v:' V";
Mr. G rover said lie , did, not propose to
argue this question, bat would state some
facts which would throw.; some light on the
the subject. He did not wish- to enter the
arena with the gentleman from .Washington
and Multnomah, and the gentleman from
Linn, as they were competent.. to represent
the two different sides of; the question, bnt
would bring forward some facts which would
help the members to an understanding - in
the matter. r :. : -, r
Incompliance with the act requiring the
Secretary to make an abstract of the elec
tion vote and bare it published, the Secre
tary published a notice in the Statesman,
requesting tte papers to insert them twice
and send their bills to him.' J f the other
papers bad not brought in their bills, it was
do fault of the publisher of the Statesman.
In the act to provide- for the expenses of
the chancre of location of the capital, li a
4.-;aase giring an thorrtj to the Secretary .to J
imi 10 rpjnBi me tua toco itMf pneeur- 4e'enprs,s fi)liKM rvr3tateF Jr eTvF - aiciai icbtiqo or yctooer
yeas, Messrs. Hajlev, CornelinVoMy rnUbf manThcf W .i published Inertia, afkj f3 185jL pt" 7 ;f , ,
and Mr. President 5 t nni, L'cssri trainj the rjuUisliLn 0f LSe Stesnwnl Timft f 'r- JpKnon Introduced ft bill tp amend
Ford, TecMe. and O'llrynnt-i- t,lj hnvefcttnt if thoii ttHiilit tit Sentinel has 4l net if ting t; jrareats, gjikrdiiui, rans
Passed bill to chntnra TrMtorll1 road knt k.X.VhoL' It I'i .. i.. ft at..it tori atidrwards .: I . J ' ...w-
publirh an abstract of the vote in three pa
pers. He selected the Statesman, Times,
and Table Rock Sentinel, and the notice to
pay ft
Mr. O rover then read the account ofthe
Statesman, and explained its different
charges. I would state for the satisfaction
f two members -as-to "the TottleeTf the
democrats, that when the bill for the relief
of T. J. Dryer was Introduced Into the!
House at a former session, while I wasa
men.ber, it was sent to committee of the
twAonrina TeiiOTwa' ba"wTTTiiQav"ameur
Went. ad to passed nreclselr in made out
and ' offered. Tb enteiMa' ctfttrii'ed 'isd
Wal allowed ; bf a DenVoU' Ig1slHtnpe.
fsl for adtlslritf in thwUrhTan.' w),.t
MVJ Bashrj9fbr MlhlsMli:,T There
Wre'pnhters-'ra 'iHw'TIbbUM 'Who-' know tb
Just cbarees foi rach Wrvlces, sHd Who bay
jmt In bills iimtlar to these' aad thelf bribes
tttirH With ho Kiil lit IV 'il Ji'il ":it 1 :
'-! Now 4i tb tnH jrVeal amount" of moneys
voted to-. tHe fmblle' firihrer,. wjrtnld sfcy
that all iliese'auhrbnriations have lie en voleii
by tbo' !LegiAtnre-the rwies Wave been
fixied bt the Legislature fho charges pass-
ad apes ty the Legislature, and reviewed by
Congrasa1, and ft' Moneys baVe been lavishly
expended; H ni 'their fault. ' With regard to
the charge or kpechlation fn' rmWishbig the
code' of laws-Vt the timw the 'code was
prepared, there-Was no bookbinder in the
Territory.1 ' Th pnllfc frihtel'.made a jour
ney to N.1 Vofk to ret the 'work dohe. , .Oni
thousand conies were ordered for circulation
la the Territory, and be ' bad 200 copfea
printed oa hit own ordet-Bve hahdted. Tor
th Territory were rw jbt , b express' l
the ntbmna: ' By t"l v aster to the steamer
Southerner, My. X 0Dle HT),tW0
The other 60J roptis e Ua code belohging
to oerwmtt wre ton,' and e prmtci
nnmedtatety ordereW) copies W be ngali
printed to 'fill their Wace and kt Ills 01
expense. TW Is the-very printer wbb bM
robbed the pnurie I 'liters are . not .many
whs could nave stood this loss 'atid not ask
for relief.9 He did, and did not k relief.
' As to the auditor at first he had bo
salary. JDr. WHIson beld the office fdrsoine
tfme, but II performed, bis 1 duties. After
ward a salary' was affixed. - ITe has kertt on
open QfHce for all in tiie Terrtory td visit
and now comes forward with this smAll Wll
It is for a desk With pigeon-holes, and ft
pert, And'fonr eiialrs whkh still remain ' tnp
proerty of the Terntory: ami Tor one'cohl
of wootl bnrned to warm tbe'office; for the
pnbllc. ThM Is a MI explanation bf the
whoHt affair. -' '; " " ' ' .' '
Mr. Dryer said that on' examination bf
the bill, and after hearini the"explanntlon
of Kietjentlemai tYtrnT Marion, he waj satls-
neti mat tne 0111 was not overcnargrrt.- -j-oe
laborer Is worthy of his hire." and if the work
had been done, he was Willing to py for It
mmt 'should yote for the bill. lie' knew
something of .the bnsmess of printing,' land
thought the charges were resonable and
shonldrote to pay them'. ' 1 -
Mr. "Harpole remarkeil that there seemed
to be a rood oca! or quibbling oq this mat
tee.'"' When' the Aoditor was appointed to
the ioftbie, he-came to him and asked him
whitf hothoMht he. had better do In re-
srrd to opening' bis opiee. I told him to
go ahead and fit up his office thst pre
nmed the Ijegismlnre .wonld bear the ex
peT)e; if ft- Hras not nnrcasonable." .1 toh
Itiiii that he must have'a place to do busi
ness Iti that he conld not do it la the Street
"he must have a room. It was for .the
benefit of the -people, and for tbelr accom
m relation, and ther anonld rmv ror it. A
he nas brought in bis bill, and Will they hot
pay? Some men here do not seem , willing
to do iL ' Where do they expect the And
Nor-to do' bis badness? ' On the street?
Under a tree?---or In a rnm hollow? I b&
Reve .it-"" fnnt, and that it Is onr doty to
par W.'1 The office" was kept open' for all
the people of the Territory to come to ' and
visit, and tlo their business with the Auditor.
I am one of the tat payers, and. am willing
to pay my part, and if the Legislature does
not pay, I wHI pay it out or my own pock
et. All this higgling about the bill of Mr.
Rash, and the tail of ft relating to the And
tor, Is very petty' business In my opinion,
I hope the bill will pass, and shall vote for
it. - Ok. ."-"I ,; ; "' '
I Mrl Collard said tie snonld vote for the
hilt. -i From the 'explanations be thought
tts-demand might be -Jnst.r but.lt was said
that other bills Wonhi follow. ;' He would
prefer to have- action postponed till aH bills
were sent in, and acted on together: Would
like to have same member' bring in a bill to
regulate tb ' whole 'matter.-1 Tbonght , the
tax-payers were fcbt much benefitted by
these aotie.i ',! 1 JO Jl!',;' ' ' ;!
A motion to recommit, -with instructfons
to amend by deducting the amount for files-,
and striking out the portion relating to the
auditor, was lost -jm T, majt il
Bill finally passed li Messrs! Avery,
Barr,' Berry, Collard, ' Cochran, Consct,
Dryer j Gates, Harpole, Johnson, Lovrjoy,
Mathews, Miller. Moffltt, Munroe, Kogers,
Ray, Rose, Smith, of Linn, Smith, of Jack
son,- btarx weather,, underwood, ueicb,
and' Speaker 24.' :"iVffyi Messrs. - A lien,
Bennett, Brown, or Mnltnoniah, Shnck4.
Bill to revive an act establishing , a road
from Sandy River to the Dalles, was taken
"P- .-!' - i T ;
Mr. Gates remarked that tne Work on' the
road Was suspended; ; and the Work' was -not
completed on account br the hostilities or
the Indians. ' '
Mr. Dryct said that the bill appropriated
$5(H) on condition' that' a, good pack trail
was opened. ' Thought it a good investment,
and money well .exptanded. It "would be
nscfolto the whole Territory- If there was
not a good trail opened,, to' bne; would get
- Mr.. Gates thongbt! the ''gentfemcn were
mistaken when they Isntd a trail was already
cn't on this route.' What was cut was in
Multnomnlr and Wot in Wasco county. " He
wonld state that if the appropriation was
not made, the road conld not' be built ex-
ept the county did It. ' - ' -"
Mr. Collard said he supposed gentlemen
would thiuk be was opposed to the bill from
the fact of .his palling for -the reading of the
bnt yesterday, which waa not' so. He was
one who helped take the horses, from JPoU-
and to the Dalles in .the war,- and part of
tbeir journey was on this route. The road
was very severe and jrovernment'.'loet many
horses and cattle on it to this lonrney. If
this road had bees made, the loss wonld
have been avoided. Hoped the bill would
pass, thoneh it might open a precedent for
Others.. Bill passed apes 21, mm 2.
Passed rbill to chance the name of Wm.
Wis6n bill to relocate road fronvBoon
vllle to Eugene City hill to change a por
tion of road from J. Spores to Winchester
bill to relocate Territorial road from Cor-
vallif to Estes', in Douglas county bill to
oeate road from Miller's ferry to l'ortland
bill to divorce Susannah V. JDelerma. and
bill to incorporate the. Adelphisophical So-
'.;. 'll'io : a' r ,; 'hA.V.: 3 -.its i
Mr. Cpnser introduced a bWl Cur thaTtJlef
or -Wiley Cbapman. . ft ,
"Mr. K 'ers introduced a to provide
U- Mr. Carr introilueed a bill tb incorporate
the Haihler Working Meu's Educational
and Benevolent Association. Adjourned.
January 14, 1857.
43oHriH-.Mr? Fwrd presented thepetfc
tion of I. II. Moores and others, in relation
P VB rtt,en ftte For ry Compatiy ; I
' 'Din 10 incorporate wugene uuy rnug
'e
Company, referred to committee .of
the
rnrhttle. -- - - '
- Bill fdr rvmr bf John Balder referred W
ewmmltte mi VjlaimS. i-1 q . 1 j i jt. . J
- Passed-4S !I' "flofine the ttnb between
Mnrtnomah ad Wacb'cmihties-bill to In
eorbarana 'Portland LVteWm. and bill tb re
locate Territorial road from CortalHs to FA
tea'. laUmrdria eminm " " ' :"" .,!i,!' 1
is 11 1 co amend tne vo aca 7.Mnrion rree
Ferry Company 1 referred to "judiciary cbmi
mitUe. I'Adloiirned. ' j " ''- "
n Arvtnioor-Coune'd occupied ' lit'' the
Council ocenrled1 Itl '' the
cbinraietee of the
whole on' the bill to Incbr-
rne City Bl-Wge Comfiafly,
Wd-.lfi'
I -ijtary 14, -
porate Che Rngen
and other bills referred
iJiMTn.tn'i !'!" 'i ' iaiutrv
!' HoTsi.iiMn DVyer presented the petition
of the ladies of Portland, in relation to the
liqaor law-also, petitions of citiiens 'of
Muttbomah county and CbartiHOP(f. t Refer
red' to select com mittee bn the subject.
i) Mr. 'Smith: of Linn, presented the peU
tloa of J. J.' Crabtree and others, In rela
tion to mail facilities from Saleol to Wash
ington Bntte, in Linn eonnty.'1 Ileferred to
committee ttt consist of extostat agents
present in me uonse Liovejoy ana Ayery,
Select committee on the sw
id bill to restrain fcwintf.
swim skull not run at laree after
uniiimi j
10 t?5.' '-If fennd on land other than that
of their owner, any person desiring it 'may
Iriva notice to the owner m writing, : and if
he weglecte or refases" to Claim 'them within
twenty days, they myb sdld 'a! anction,
by posting ten days notice in three' public
places la the precinct ; tne money to be ap-
lied to common schools. " If Owner is not
k now ov : must lvertiie thirty days 'before
saMi1 If ownbr"nrreai'S'''tne swine to be tie
livered, on bis prrmg charges ' and proving
prbperty.-';',The'Bame committee 'reportetl
.bank toe petition rein ting to cattle, leaving
tt at the opposition 'of the Hodse. "'
1 ij l'assed to engrossment mil to locate a
rbnd from Jacksonville tb California line-i-
ImII far : the "relief .of certain ennnties bill
to establish Umiwina Academv and bill to
locate Territorial road from Salem to Tort
land. ' ! -i; f '
i 'Bill tb cbnsolidafe and eqnaltee the taxes
referred to select voinmittee on assessment
Bill to regulate the owrsment and collec
tion of taxes la the erty -of rortland, refer
red ; to select committee Messrs. Dryer,
llrown, of Mnltnomnh and Hurr
1 1. Bill for prevention -of, and punishment
for enticement ond harbonngof seamen from
ships, vessels and steamers, referred to Com
mittee of the whole. Adjourned
AmtHKoow. Bill to take the sens of the
people oa tire location of Ihe ecu of gov
ernment, and bill to repeal the Viva voce
laW referred to committee of the Whole,
Ia.sed-bUI to incorporate1 the Portland
and Dayton Plank Koad Comiwny bill to
incorporate Odd Fellow's Lodge at Port-
land bill to amend an act regulating the
fees of officers and - other persons bill to
amend an act to incorporate tbe Tualatin
River Transportation and. Navigation Com
nany. and bill ta amend an act relatinsr to
Common. Schools and school lands; allowing
districts to be formed of adjacent territory
hi two counties
House concurred 1n Council amendment
to several -of its bills.
Mr. Moffitt introduced a bill for relief of
James Ogle for labor on Territorial road
lie also presented the claim of Mr. Beale,
former clerk of tbe Council, for extra-ofn
cial services. ' Referred to tbe committee on
claims
Mr. Conser introduced a bill to establish
a college in the town of Sublimity, Marion
coaaty. Adjourned.
Coos Baj CsrrspoB4saM et tha lutaamaa.
Terrlbla Btraa-fTkauia1er and Uxhtuliia;.
Empire City, Jan. 4, 1851.
Fkirxd. BrsH There passed over this
ulitce lost week one of the most tcrri6o
storms, accompanied by thnnder and light
ning, that was ever known' on this coast.
The briar S, It. Jackson, laying at anchor
near the month of the bay, wailing an op
portunity to go to sea,, was- struck; by
igbtning, and her mainmast-completely ue-
stored, the fluid passing tnrougn the deck,
enteriug. the cabin, . displacing, chairs and
tables, tearing 0(1, the side of a berth, and
shivering the steps of tha companion way
to atoms. v It then entered the hold of the
vessel, destroyed in its coarse some hundred
bushels of potatoes, and passed through the
side above water. . r,
The most remarkable fact is, that no one
waa hurt pr a Tec ted in the slightest manner.
except tbe Captain, and no only leciinir a
jar and a eligot numbness lor a lew minutes.
Oue of .the passengers who bad retired, hnd
a bottle of cm uudcr uis head, wiucu . was
broken without his being aware bow it was
done. There acre eight or ten. persons
on board at the time. , A portion of the
mast, in - fall inc. , pierced the deck of the
cabin somo two feet, yet no one was hurt.
The gaff top sail was uicrced through and
through by tbe lightning, and looked as
though it had boe eaten by the rats. ;.Tie
damage done is estimated at eight hundred
or one thousand dollars. She . was obliged
to put back for repairs. T. here was a tree
struck in town during the same storm, with
out, doing any particular damage. Qn the
other side of the bay from here, the. scow
used for the , ferry, was moored with a rope
cable: it was foc-d on this side next day,
all stove in pieces. How it was so com
pletely broken up iu one night, unless struck
l:litn!nv 1 j lioeil t S , OAlilnitllira
"J IIKUbiiUilti a as v. wuixvuiv ill
0 . . . 1
The present wiuter tnus tar, is said to ne l
most unpleasant ever known here..,, bnow
ell in . sufficient quantity to cever the
ground, for.the first time , this ; season,, last
nmht : it remains still, and more ,is occa
sionally fallinir. Tbe thermometer stands
to-night at 36 six degrees, aopve. tne ireez-
inir point. Tins place . is at present, quite
dull, owing in some measure to many being
gone to tha new mines, and .waiting tnere
for the waters to run down, wuea all 'ex
pect tb do well. ' I think from what , I can
earn, there , can be no doubt bat they will
meet with good success ; all that have, vis-
IfMl the mines stieak biehly of them : thev
are distant from here about two days travel.
that regret very much tbe impossibility pf
boinjr with the democracy at Salem 00 the j
8th. Distance and bad weatner must be
. v . a 1
our excuse. consider ns mere in spirit and
feeling ; we have jnst heard down here that
Mr. Buchanan is elected. The true lovers
of the Union an it is, , are much rejoiced at
theresuft,- ,.-iu '. ..; Xbnrt,, truly,,.
ORKGON STATESMAN.
- TUESDAY, JANUARY 20, -185t.
' Puling the lant wn-k, thrre IrttM m rlTtd , Inrnral u
rilierriuUunr ly nmll of twrkfey dUni we err
rri-clvwl five rai'h In two lrtUrn Bitd tri tit Ihe thlnl.
Ttnriug the Mine time we hive reuelred ni miinrjr St the
mIU. 1 mired, we are now ratwivbiR ftntlren of iiilt
iw miirli iH'ing M-nt and nrrrr rrrplved, aa we are rr
rrlvina; cSxh. All pninnwinit an money are rwjtiexlnl
to cna It. if potiinlr, hr private baiiila, out of the nmlln.
Our luxam hr theft in that rhnnnd are tircninlna; too
Ittuiunt ana cwtalu. .BuJ jrui muoujr uoUiU itl Ui
mail in all raws pomllile. Hut when not ahle to aend
by prlraW hand, aend in the mall at onr rik, but rrg
iwttr tfuhtttn ; All pyranaa winillriR na- oitwiey in. tbf
mall knrflalter ar mtnealad to hare ttw-lntlunt rfat
Vred. Othrrwlae It bitut be at the rlak of the peraon
aendln. If reglatered, It la at oar rik.
... V(i toid that ihe Standard. 'nian h
labarad hard to obtain pity and sympathy
OH aceoont of the righteous resolutions de-
noanclftgl his piratical abd traitorous sheet
aiiu iu pursuit 01 mis onjeci ue nas aescrn
cd to acts which it would seem must mount
a, tparfcjof shaine upon even A degradation
and abasement It' is hard to conceive tha
humanity can sink and crawl so low.
" A paper'hak1 been 'sXa'rteii by lii
trHkoWw Ullmf aafa of binv -
, . . . .... . ..
ira and
setting
forth ilvat the subscribers deem the time and
ttfaeear me passage - of the ' resolutions an
Improper bne'.''i:We ' liave, - iif pntrw, no
seen .this documeut, and arc. bot : certain of
its contents. But; we understand ; that
docs not 1 eontradict the recitals of the
StedafiTs treason aad disorganization, con
talned iff tha resolutions. We trust it wi
be publisbeiX .with the names appended. 1
will Jbe a very - short list - indeed compared
sa ine law report-j witb those who expressly refused to sign,
s," providfng thtitj" It Was Industriously 'and ItttrflnnclOa
. ' lo.,.. 1 .1. 4..- . ' i-l-H.' I'l-V: I'i'll.l......' ,
naclously
circulated araonc tne .members, and orucers
of. The., Legislative , Assembly : for . seteral
days. 1 Many were urged to' sign It, but 1
most- instances the party presenting It was
repulsed with ah 'avowal of 'endorsement 'of
the resolutions, ", The few ; Stamford, dmr
erats, or most of them, signed it, and we an
derstaad two or three, who are not regarded
such, but - who support the democratic
party, Us usages and its Candidates,' The
signing of .U by the' first named of course
was expected. 1 it would ue hard : to name
nf V time Or rUace" which Ay wonld think
proper for an exposure of the purposes and
plans of "a traitor and a Fpy in the .demo
cratic camp." . .1 . . ,.
Tbe latter, we imagine, wilt think different
iy upon reflection.' Perhaps, the Jackson
Jubilee Was not the most . appropriate place
to expose and denounce an unprincipled trai
tor, dangerous to the harmony and safety
of the party. .Other occasions,., had they
presented themselves, might Rave been more
appropriate. But, is not any place and soy
occasion where democrats are assembled, "a fit
rnh one to strip the veil from a brnocrit
ical foe, whose power to harm lies in neglect
. a a
of exposure? We think so, and we think
tbe two or three usage observing democrats
who we understand have (unwarily, we be
lieve, ) signed this secrcctly circulated doca
ment, will be fortftd to admit that snch
the caso. Then, the Jackson Jubilee was
fit and proper place. At any rate, we hear
Unqualified endorsement,' and gratification
on an sides at tbe action of the meeting,
a (- . ...
and the expression is general that tbe mea
ore waa too long delayed that the viper's
fangs shonld have been extracted and demo
crats warned long before. .Wa , think the
renl democrat, or two, wbo bare signed this
paper, must so admit, and not only confess
tho justice of the denunciation, but the pro
priety of tbe time and occasion.
11 inej maintain mni no lime Is proper
f .1 .i .
for the proceeding, that it is better to suffer
the conduct of the Staudard than to "create
a disturbance" in proclaiming it their po
sition is more untenable still. ' Tho exposure
of Benedict Arnold created some excite
ment, and ttie treachery .' of Judas Iscariot
was louoweu . witn " disturbance," but We
think it will hardly be contended that it
would . have been wiser and safer to have
tolerated and excused them on the score of
peaee and quiet. . Temporising, with traitors
and spies is neither safe - or politic. Their
expulsion and reprobation must come some
time, and 1 the longer ' they are; suffer d to
wear the' garb of friendship, the more injury
will they do, and the more " disturbance"
will their driving out. occasion.
1 In enumerating the Standard's evidences
of hostility and treason, an additional count
sbonld have been inserted in the indictment
It has not duly been the vehicle of (assault
upon tbe democratic organization for pre
tended democrats, softs, disaflfecteds, and
rot tens', 'of every class; bnt. tt has been the
organ 'of the open and avowed enemies of the
democratic party, over tbeir proper, and fic
titious names it has been tbe. joint organ
of. such with open abolition and knownoth-
ilig Journals of the Territory. ' Men wbo
hate beefi''seadfast,'bd always In the op
position, have ,- been . repeatedly accorded
space in. this assumed .democratic sheet to
assail the .Democratic party, and its mem
bers. We instance Wilson Blain as one of
this class ' of correspondents. In this par
ticular has censure been most richly earned.
, , .This certificate of tbe Standard's, signed
by only two or three usage obscrfing demo
crats, and by every bolter in the two bouses
V it " . '
cava f.sir Ana ao 1 1 ar amount a Ia a a-v
"". r- ;.r.i ; t .
piieu censure of tnat paper., xne signers
simply disapprove of. the passage of, the res
olutions at tbe Jackson Fest hat, but do not
pretend tb: deny the accusations tbey con
tain. They therefore rirlitally admit jthe charg
es to he true, and w the censure !.. The
truth of the charges admitted; a mistake as
to the place of promulgation, ia not very im
portant. ' -; ' . ,
Of the few signers a week of Button-
htjling and Begging obtained to this, paper,
six or seven have within one year bolted regtt-
tar Democratic- nominations, and ' some
Kru,'c ,"y-6- - uCU
six weeks ago voted for Tom. Patton, black-
republican, and . against Mr. Phelps, demo
crat and democratic nominee. ' It is natural
that Such men should ' sympathise with' the
Standard's disorganizing conrse, for "thereby
they thrive?, .In- jnstifyipg the treason of the
Standard they jnstify themselves. But soeh
names will not carry much weight: indeed
they serve io illustrate and fix the charter of
Uu Standard. , Br all tncaaj let us have
them published 1 ' -. - j V
Dryer don't seem to
have a " first
rate " opinion of what be was woat to style
the " anti Cli que democrats," or " real dem
ocrats." He don't " hitch," or get along
well with them. He has as jnuch trouble
with' them as the Cli que " ever did. We
fancy he will have a better opinion hereafter
of the jartirmbrit as to men and things of
l.t .: 1. i 11 tUm. n: ...
It Is a,ll very well for the opposition to stand
off at a distance and applaud the conduct of
Bull-heads and Tender-feet who are endeav
oring to destroy the democratic party while
professing ,tp,, belong , to. it, but Dryer wilt
Dud them troublesome bed fellows, when he
Comes to " bunk " with them. Ten to one
he'll pf'ay for deliverahce, and wish them
out of his party. We have two or three
from bis canip which the democracy woul
tie: rejoiced. to have them take back. J
liberal snm will be contributed if their bU
ataocin'tes will receive them back, and enter
Into bond that tliey shall not return to Ixitii
er the democracy. We never gave Dryer
much credit for sagacity, biit we confess he
exhibited some in driving out of his fold lie
land and one or! two other ''demons bf dis
cord and fountains of corruption," that have
fastened upon the democracy, "like the
mistletoe to the oak, to stick out Its sub
stance and vitiate its vitality." ,,;
a3r- We several months ago pnhltahrd the
resolutions' or tne, unomiaga in. I.) de
mocracy reading pie.Syracure Standard out
of, the party. , ;Tlicy disowned pnd deaoanc
ed it i tbe strongest terms; yet it bad not
been- guilty of half of tbe acts of disorgani
eation and treachery the Portland Standard
has. The Syracuse Standard finally went
over to Fremont and niggerism where its
Portland) namesake, properly belong,-and
where it will ultimately bring tip. -'
-. ! . ;. -j !- it -i-.. . :
. Wa. I We are indebted tb Mr. Bradbury
of Rosebnrg, for a copy of tbe President's
Message, in advance bf the expresses, .. We
gire 11 enure. f , , ; . :: ,
The mail brings liitle matter of interest
Id Congress, the House went at once Into
a fight on the admission of Mr.' Whitfield
as delegate, from Kansas. A motion to
swear him in waa rejected by a vote of 104 to
91. .Amotion to reconsider this vote was
made and the question was pending. : '
A yoang Democrat from abroad tells
ns that he was' asked to sign the paper re
ferred to In another article, deprecating the
time and place of the passage of the resoln
tions denouncing the Standard's treason ;
be says he looked over the paper, finding
ten or a dozen names upon ft, and finding
every one bat one or two, soft democrats, or
bolters, (mostly of the latter class,) be con
cluded it was not a proper place for bis
name I ' r
!h 1 ' ' .-.
.1N0T Smart. "Our Intrnsts" made
characteristic throat at " the a-rn tlemnn
from Linn," in the nonse' on Friday; and
a 1 Ifiit. 1. . . ...
iuc nine (ncssier goi a roost terrible exco
riation for his temerity and weakness.: It
was like nailing him to the post, and then
nipping the flesh from tbe bones with hot
pincers. ' ' ' ' , , ' ..
te- Owing to the lateness of the bonr
of receiving the President's message' we
have had lo crowd from our third page all
but new advertisements and legal notices.
Advertisers, please excuse ns for one week.
Legislative and other matter deferred also
t& Walker has met with severe defeats
and reverses in N'icaraugua. It is doubtful
whether or not he can longer hold tbe conn-
try. ' v j--'' : ' .'
-II '.11 . I"'! " i;
Maf Gen. Wool has asked to be re-called
from the Pacific. It is thbuzht that Col
Fanntleroy will be his successor.' The1 .lat
ter was engaged in, the Mexican war is
about sixty years of age. ,-. , ,
Thoman's Theatrical Troupe is again
playing to respectable bouses in Salera.
Tho company comprises some experienced
and talented actors, and tbey all play quite
well. Mr.' Thoman and Miss Gordon evinon
decided talent. ' Go and hear and see for
yourselves. , . ,
The Block Republicans are to hold
Territorial' convention at Salem on the
11th of February. ., Darkies, take notice.
Sao ' Castaltt. A private letter from
Tloseburg, Douglas Co., says:
A young couple returning- from the
New Years boll at Rose's hotel, were drown
ed in crossing Looking Glass creek.. Tbeir
names were Lyman Gilhlaud and Miss Sa
rah Willis. A rather, sad finale to a sccue
of pleasure.". , ., ,,, ,
Winchester, O. T. JonJ 1857
Editor Statesman Sir : Yon will please
to notice that papers sent to this office in
the following names, are no longer takeu
out ;' the parties having left the country :
Jesse Clayton, Willis Jenkins. ' .
V ery respectfully, yours, &c.
V . JNO. S. WALTON,"' "-,
. ' Dep. P. M.", rost Office,; Douglas Co.
. Jesse Clayton , owes $5 00', and, Willis
Jenkins $4 00. - ,! -I.- -' f-i-
i .Vi.'il; ' i '
' PrMldcHtlal Election. .. .
Slates.
Sttrhatntn- frtmoni. Fillmort,
Maine,
3TJ0
S5.491
3,251
Sew UaraDsbire.
3267 i
1077
39,20
,S8 .
34.JW5 '
195.3U '
47,412
23000 ;
8,003 ,
170,903
52.319 ;
11,673 .
105J1-4"
44.873
aj4i :.
, 49,733 .
59.015 '
88.064
,66,017
56,417 '
2,346 :l
. 48,637
. 7070 .
67,934
: 73,177
18,000
30.049 .
22.1S4 I
. ,00
38.158
39.903
108,190
11.4S7
" 42,715
27.1.440
18,569
14748
. 313
187,497'
n.ifii
47
96,180
55,673 '
4AA27:
18,972
289
1 300
. . 414
lolre'
. 1.675-:
2,615
124.206
24.091
82,220
. 6.175
28,125
' 161
-1276
37,451
1,000
: 9.444 :
i 35,071
47,462
68.WS "
i46,728
42,352
139
2852
64,440
48,2:15
66,824
. 12,000
20,022
' a.7o
.sofioa,
Vermont,
Maiacha.wtta, '
iwode iHlaoa, -
tkiuuecUcat.,
New York, '
New Jereey."' "
PennaylTania, '
Delaware. . :
Ohio..- '
Michigaa, T .
Indiana,. . . '
IIInoia. '.
Witwonaln. ;'
Iowa, . ; -'
Californiai
Maryland, ' '
Virginia. 1 :'
North Carolina,
f. I.:
Georgia,
r lorHta.
Alabama.
Kentucky.
481
63
Himonri, " ' ' '
Tennessee, ' '
Arkansas,
MiHdaBippi, .'
IiOaiiaatUk, - "
St.:
PRESIDENT MBaSAOB.
Fettme-Ciliiens of the Btmle &
mud of Ihe House of Rrprtsenlalices : ti
Tha Conalitution require .that Ihe Prwldnnt
ahall rrm time not onlr recoionn-nd-to thaaun
aiileratian of Conirresa inch tiii-ajinn- as lie mar
jU'lffa lleresary ami expeilmulj but alto tliSt lie
ahnll arlre Information to thun of tho State of the
Union. To do thin fully involve an expoxilion of
all tnnttera in the at-tunl conditloa of tie countrr,
dom-atie or forelpn, which essentially concern the
girnernl wellare. " -
While performinir liia Jntr in this rqspct. tf'
rreaiilent lN-a not apeak iin-n-lr to eiore per-
anal wm K'Mewa, htit tutthe eseeattvo niuutor!
the government, enaliled hr hi position, and call
ed nion hr hit offieinl nhfiifntiona, to aenn with
an impartial eye the interest of the whole, and
of every part 01 tne unneu nmtes.
Of tli condition of the dotmitti intcrnata of
navliration aod coiunierce, it. Is nwMwrr only to
say: that ,tie.. internal pronpenty ot the country,
ita po'iitinnbus and steady advancement in Venlth
arid population, and in jirivat. ns we :as puWir
well-Dtinp, inrai ine otixioih n our imniiugnii,
and: the ur'idonaitant iirit, of inlelli)ni and
lialriotixm, wlii;h, notwihsian'Iinjr w-eaMionnl ir-
reiFiilnritiea hr (million r aetiotr reiilt!iir froiu
popnlar freedom, tins ilinlinpliiKhed and cliarar-ter-lised
tha ieonlef Amorica. ' - ' ' - i :i 1
In tka Wief interval b ttM- tlio termiuatuKi of
the jlatt-and the roiii!iiein-i-iiiiit of ihe pri-Hent
ac-fiyti.tfi or l:onpfe, tne piiniif rnitm una iieen oe-fiinl.-ft
wtlh the enrv of at-loetinc'. for another en
atUutinnal term, te l'reidentati Vice l'resid'-nt
of tha Uuitcd r?tat : . ., . . ,', ,
-,'t'ue (leterminntion" of tluj p-rxohs who are l
Hsrlit. T coiifiiitently, to preside brer t ln ndmin
iatration of. the povernineht, in; midor ehr ayateui.
enmmittod til the Htalea and the people, en
peal to Jh-n, ly .thuir mice roiuiuuc-d in the
forms of lair, to call wlniinnoever tliey will to the
hleh post of f 'hief Mnciirtrnte.
And'fhtm it IS tliat aa'tlm Senatorn repreaent
the reaneetjve etntejx f Hie I uioo, nnd Uia mem
bers of tlio iloino of Kep'ei;utatiea the auvernl
conntitiiencles of "each Ktste, no the President
represents the apereiiate population of Hie United
fiit ' Their Hection of Inht ia th extJieit and
solemn act of tt aole aoveriirn authority of the
It in niiiiiwsihle in niiaanpreliohd the ereat prin
elpleR, Whielij by thflr reenT pofftleal action, the
people of tha United rHatl- liave aanctioned and
annontioad.: a ...' i! 'm'': -,' ! i i.-
lb have averted the eonstitutiona! euiuthty
or eael
acli and all of the SUlpi of. the I moil ji
States: .they have affirmed tWe r-otistittirjirtial
ennatity of Mcti and all of the ettizena of tlu-
Unitul Slate M eilisjens,-wiiate rer IHeir relirior;,
wheruyer their hirth, or thglr: residence ; they
hare maintained the inviolability of the constitu
tional ritrhts of the different aeetiona of the linionj
and they have proclaimed thr outvoted and unal
terable attachment to the L'nnm aud to the con
stitution, as pbjertaof interest superior to all sub
jects of local or sectional controversy, as the snfo
poard of flie riphts of aft, as the spirit and essence
of the liberty, pence, and greatnesa of the Kepub
lie i.i. -,:"inl:ii .'! !' .wt tr-U pv .
In doinc this, thev hare at' the same lime etn-
pliatically coniemneu ine juca vi orgitiniuip in
these t'niled Ptates mere geocraphical parties ;
of marshaling in hiwtile array ti wards each other
the different parti) of the couutry. North pr South,
tast or est, 1 .. . . ;
Schemes of this nature, franfflit with incalcula
ble mischief, and which the eonsidrrwse sense of
the people haa rejected. t-ouM nave bad counte
nance ta no part of the. eouutry, lid they not
been disguised l.v sueccstioes plausiule in appear
ance, acting ttpon.au excited state of ihe public
nnnd, Indneed by causes tr-mporary In their chr
arter, and it is to be hoped transient in tbeir in
fluulic. . " , - 1 f . ( ! . ' !-
1'erfect liberty of association for political ob
jects, and the widest scope of discussion, are the
Veceived and ordinary conditions of government
in our eonntry. ''IMr institutions, framed in tbe
spirit of confidence iu the intelligence and integ
rity of the people, do not toroid cititcns either 111-
diviJually or associated topelht-r, to attack hr
writintr. srieeeh, or tar other method short of
physical force, tbe constitution and tbe very ejtiM
ence of the. iHaiwAh -..-'.- - ;
Under the shelter of tnis great liberty, and pro
tected by the laws and ns.ireJ 01 the government
they assail, associations have been formed, in
some of the Stalest of individuals, who, pretend-
mr to seek only to ix-e vent tne spread ot the in
stitution of slavery into tbe present or future in
choate Stntts of the union, are really inflamed
with a desire to ehanire the domestic institutions
of existing States. ' ' . .-
To accomplfsh their objects, they dedicate them
selves to the odious task ot depreciating ttie pov
ernment organisation which stanJs in tbeir way.
and of caliiiiiniatrtijr with indiscriminate iptk.
tive. not enlr theT.ttIens or particular Mates,
with whose laws they find fault, but all others of
tbeir fellow-citiiens throughout the country, who
do aot participate wttb tbeiu ui four -assaults
upon the Constitution, framed aud adopted by
our father, aud claiming- for tbe privilege it has
seenred, and the blessinirs it has confi?rred. the
steady support and eratcful rcvereiire of their
children.
They seek an object which they well know to
be a revolutionary one. They are perfectly aware
that the change in the relative condition of the
white and black races in the slaveholdiug Slates,
which they wonld promote, is be voud their lawful
authurity ; that to them it is a fun ign object ; that
it cannot be effected 1T any peaceful iutrnmen-
tality of theirs; that for them, and the States of
which they are citizens, the only path to its ac
complishment is tnrougn i.urumg cme, and rav
aged fields, and slaughtered populations, and all
there is most terrible" in foreign, complicated with
civil and servile war; and 'that the first su p in
the auempt is the forcible disruption of a country
ci:il racing iu its broad bosom a ill grr-- t liberty,
and an amount of individual and public prosperi
ty, to which there is no parallel in history, and
substituting in its place hostile government.',
driven at once and inevitably into mutual devas
tation and fratricidal carnage, transforming the
now peaceful and felicitous brotherhood into a
vast permanent ramp of armed men like the rival
monarchies of Europe aud Asia- ' . ;
Well knowing that such, and such only, are
the 'means and tho conse(jnences of their plans
and purpose, they endeavrr to prepare the people
of the United States for civil war, by doing every
tl,n,v n i lu.i r air.nfax. In tlwnrin tlm (-..ncl! 1 i.t
and the laws ot moial authority, and to undermine
the fabric of the Union bv appeals to passiou and
sectional prejudice, by indoctrinating its people
with reciprocal hatred, and bv educAting them to
stand face to face as enemies, rather than shoul
der to shoulder as friends.
It is by the agency of such unwarrantable in
terference, foreign and domestic, that tbe minds
of many,, otherwise good Citizens, have been so
inflamed into the passionate condemnation of the
domestic institutions of the Southern States, as
at length to pass insensibly to almost- equally
passionate hostility towards their fellow-citUens
of those States, and thus finally to fall into tem
porary fellowship with the . avowed and active
enouuea of tbe Constitution, -j Ardently attached
to liberty in tbe abstract, they do not stop to con
sider practically how t!ie objects they would at
tain can be accomplished, nor to reflect that, even
if the evil were as great as they deem it, they
have no remedy to apnlv, and that it can h only
aggravated by their violence and unconstitution
al action. " ' '
A question, which ia one of tbe roost difficult of
all the problems of, social institution, political
economy and statesmanship, they treat with no
reasoning intemperance of thought and language.
Kxtremes beget extremes.- Violent attack from the
North finds its inevitable consequence in the
growth of a spirit of angry defiance at the South.
Thus in the progress of events we bad reached
that Consummation, which the voice of the people
has now so pointedly rebuked of the attempt of a
portion of the States, by a sectional organization
ana movement, to usurp tne control of the govern-
I confidently .believe that the preat bodv of
mose, wno inconsuierateiv took this fatal stcn-are
sincerely attached to the Constitution and the
(jnion-i ilhty would, upon deliberation,: shrink
with unaffected horror from mv anv conscious act
of disunion or civil war." Bur they have entered
into a path which leads nowhere, unless it be to
civil war and disunion and which has uo other
possible outlet. .
Iney have proceeded thus far in that direction
in eonseouence of the successive -states of their
progress having consisted of a series of secondary
issues, each of which professed to. bo coniineU
within constitutional and peaceful limits, but
which attempted indirectly Uatj faw men were
willintr to do directly, that is. to act atrsrressivelv
against the- 'constitutional rights of nearly ' one-
halt tf toe thirty-one States.- v... in,
la the long series of acta ot indirect aggression.
the first was the. strenuous agitation, by citizens
of the northern States, in Congress and out of it.
of the question of negro emancipation iff the
southern States. -i : ; .-' ! ii
The second step in this path of evil consisted of
acts of the people of tlic northern States, and in
several instances of their governments, aimed to
facilitate the escape of persons Ticld to service in
the southern States, and to prevent their extradi
tion when reclaimed according to law and in vir
tue of express provisions of the Constitution.
To promote this object, legislative enactments
and other means were adopted to take away or de
feat xigbts, wbieh the Constitntion solemnly -ujw-antied.
; Jn order to nullify tb then existing- act
. V.-" -it ii -fv; s.-iJ
of Congress concerning the extradition of fug! .
Uvea from service, laws wera enacted in many
Slates, forblding their officers, under the aevereat
penalties, to participate in the execution of any
act of Congress whatever.
In this way that system of harmonious co-operation
between the authorities of tbe United
Slates nd of 111 several States, for the mainten
ance o tbeir comuion institutions, which existed
in! the early ears of the Republic, was destroyed;
conflicts of jurisdiction came to tie frequent j and
Congress Ound itaalf compelled, for the support of
the Consr:tntion, and the vindication of Its power,
to autlin iza tho appointment of near officers
charged with the execution of ita acta, as if they
and tbe oli;-r of tbe States were the Joiaiaters,
respectively ; of foreign governments in a state of
mutual hostility, rather than fellow magistrates of
a common country, p"ecefai!J ubitin ghnder
tbe protection: of oae' sll-eoaiute4 Union.
Thus here, also, aggression was followed by reac
tion t aud. the attacks upon. the. Constitatioa at
this point did but serve to raise np new barrier
fpr its rh-4-ase and seepraty; -i j ; ' 1 j
Tho third Stage bf this unhappy sectional eoa
trovcray. was in connexion with the organisation
of territorial govermnr nts.'nml ttie admission of
new Kt.-ites inio the Union.- When it was prnpoaed
to admit the State of Maine, try aepanrtlotr ef ter
ritory frwnt that nf Massachusetts, and the State of
Missouri, formed of a portion of the territory
ceded by France to the United States, repraaenta
tives in Congress object-id to the admihsion of the
latter, unlets nilh conditions sttiteslto particular
views of public policy. .- ,
-The imposition of such a conditfntt was snx-cess-fully
rftsiited- - l!ut at ihe sntaa period, tha qvas
Uon w presented, of Imfoslng restrictims noj
Ihe residue of th- territorv cedfd by Krarica. ;That
qutsrion was, for tha time, disiniswd f by ha
adoption of a geographical line of limitation, 1
, In this connexion it should not be forgotten that
Fraiice( l.f her own nceord, resolved, for consider'
ations of the mint far-sighted sagacity, te ced
ijouisUaa to tbe Vbitud States, and that aereaaiorf
was accepted by the t'nited States, the latter ex
pressly eugapred that '-the inhabitants of tbe ceded
territory shall be ineorporatod in the Union of thsj
United Slates, and admitted aa soen as possible,
ai-cording to the principles of tbe Federal Consti
tution, to tbe enjoyment of all the right, advan
tages and imiuiiiiitiej of citizeaj of the Uajitedl
States ; and in the meantime they shall b main
tained audprutectedia tbe freo enjoymettt -of
their liberty, property, and tbe religion wbtcb they
profess ' that is to hay, while it remains in a ter
ritorial rendition, its inhabitant are maintained
and jin.tectcd in the free enjoyment of their lib
erty and property, with a right tbn to pass into
the condition of State on a footing of perfect
equality with the original States. , , . .-
The enactment, which established tbe restrictive
geographical line, was acquiesced ia rather than
t approved by the State of tbe Union. " It stood oa
the statute book, however, for a number of years
and the people of the respective States aeqniciaeesl
in the re-enaettnent of the principle as applied to
the State of Texas l and it was proposed to ac
quiesce in its further application to the territory
acquired by the United States from Mexico.
' But this proposition was successfully resisted by
the representatives from the itor t hern States, who,
regardless of the s'atnte line, insisted open apply
ing restriction to; tbe new terntory generally,
whether lying north or south of it, thereby re
pealirfg it aa a legislative compromise, and, on tbe
part of tbe North, persistently violating tbe com
pact, if compact there was. ... -
l nereK.n this enactment ceased to have bind
ing virtue in any sense, whether as respect to
north or tbe Soath; ai.d so in effect it was treated
on tbe occasion of tie admission et the State of
California, and tbe organisation of tbe Territories
of New Mexico, Utah, and Washington.
Sueh was the state of this question, wben tb
time arrived fcr the organization of the Territo
ries of Kansas and Nebraska. In tbe progress ef
constitutional inquiry and reflection, it had new
at length come to be seen clearly that Congress
does not possess constitutional power to impose re
strictions ot this character npon any - present
future State of the Union., In a long series of de
risions, on tbe fullest argument, and after the most
deliberate consideration, the Supreme Court of tho
United States had finally determined this point tn
every form under which tbt question could art,,
whether as affecting public or private rights in.
questions of the public domain, of -religion, of
navigation, and of servitude.
Tbe several State of the Union are, by force of
the Constitution, co-equal in domestic legislative
power. Congress cannot chaage a Law of domes
tie relation in tbe Suite of Maine ; ne more can it
in the State of Missoan. . Any sta tnte which pro
poses to d this is a mere anility; it takes away
no right, it confers none. If it remains on thr
statute-book unrepealed, it remains there only as
a mo nn ment of error, and a beacon of warning to
tne legislator and tbe statesmen. I o re pea- it wilt
be only to renve iwiporf.; from the statutes,
without affecting either in the sense of permission
or of prohibition, the action of the States, er
of their citizens.
Still, when the nominal restriction of this natare-
already a dead letter in law, was in terms repeal
ed by the last Congress, in'a clause of the act
organizing the Territories of Kansas and Nebras
ka, that repeal was made the occasion of a wide
spread and dangerous agitation.
It wm alleged that tbe original enactment being
a compact of perpetual moral obligation, its re
peal constituted an odious breach of faitb.
An act of Congress, while it remains unrepeal
ed, more especially if it be constitutionally valiil
i the jntlgment ot those public functionaries
hose.'iatv it is to pronounce on that point.ia un
doubtedly binding on the conscience of each good
citizen of the Republic Hat in what sense can
t be aertef th-it the enactment in question was-
invested with pi rpctnity and enitled to tbe respect
ot. a, solemn' compact i xfetween whom svas tho
compact t .Xo distinct contending powers of the
government, fio separate sections f.f the Union,
frrating as such, entered into treaty stipnlatiobs
on tho subject;.-' It wts a mere clanso of an act
f Congress, . and like any other controverted
matter of legislation, received its final shape ami
was parsed by compromise of tbe conflicting opin
ions or sentiments of the members of Congress.
Hut if it had moral authority over men's con
sciences, to whom did this authority attach ' Hot
to those of the Jtortb, who bad repeatedly refused
to confirm it br extension, and whoha zealously
striven to establish other and incompatible regu
lations npon the siihj.iet.' And if. as it Ibns ap
pears, tho supposed compact had no obligatory
force as to the North, of course it conld not have,
bad any as to the South, for all snch compacts most
be nrntuat and of reciprocal obligation.
14 nas not nnfreqnently happened thmt law
givers, with undue estimation of tbe vaioe. of the
law they give, or in tbe .view of imparting to it
peculiar strength, make it perpetual ta terms; but
tbey cannot thus bind the conscience, the judg
ment, and the wiH of those wbo may succeed
them, invested with similar responsibilities, and
clothed with equal authority. More careful inves
tigation may prove the law tone unsound ln.pnn
ple. Experience mav show it to be imperfect in
detail and impracticable in execution. And then
both reason aud right combine aot merely to jns
tify but to require its repeal.
The Constitution, supreme as it is over all tbo
departments of the government, legislative, execu
tive, ana judicial, is open to amendment oj its
very terms; and Congress er tbe States may, it"
tbeit discretion, propose amendment to it, solemn
compact though it is between tho ecweaeign State
of tbe Union. In the present instonc-J. a political
enactment, which had ceased to have legal power
or authority or any kind, waa repealed.
- Tha, position assumed, that Coagres nasi no
moral right to enact sack repeal, waa strangn
enough, and singularly so ia view of tbe fact that
the argument came from those who openly refused
obedience to existing laws ef the land, bavins;
the santo popular designation and quality aa corn
promise, acts nay more, who unequivocally dta
regarded and condemned the most positive and)
obligatory injunctions of the Constitution itself,
and sought, by every meaos within their tear b- -
to deprive a portion of tbeir fellow -citizens ef tho
equal enjoyment of those right and privilege
guarantied alike to .all by the fandameatat corn
pact of our Union,- , . ;. , . 7 ... :
This argument againsi the repeal of the statute.
Gne in question, was accompanied by another of
congenial character, and equally with tbe former
destitute of foundation in reason and truth. It
wa. imputed that the meosora originated ia the
conception of extending the limit of slave labor
beyond those previously assigned to it, aad that
such was its natural as well as intended effect ;
and these baseless assumptions were made, in the
Norther States', the ground of unceasing assault
upon constitutional right. . - - ' ; -
The repealing terms of a statute, which waa al
ready obsolete, and also noil foe unconstitution
ality, could bave. no influence Xo obstruct or to
promote the propagtion of conflicting view of
political or social institutions. - When, the act
organizing the Territories of Kansas and Xe
brasfca was passed, the inherent effect upon that
portion of tbe public domain thus opened to legal
settlement was to admit settlers from ail the States
of the Union alike, each with bis convictions of
puMic'policy and private interest, there to found
in their discretion, subject to such limitations aa
the Psnsdtution and acts of Congress might pre
scribe, new States, hereafter to be admitted into.
the L- nion.
It was a free field, open alike to all, whether tho
statute line, of assumed restriction were repealed
or not. That repeal did not open to tree competi
tion of the diverse opinions and domestic matitn
tions a field, which, without such repeal, would
have been closed agajnst them; it tooad that
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