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The Iowa patriot. [volume] (Burlington [Iowa]) 1839-1839, July 18, 1839, Image 1

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DAYTJULY 18, 18 39.
Inmv last number, I took a brief view
•,j,e Whig9 and Tories, as these politi
Lues have, for a long time, existed
England. My present number shall
!devoted to parties in the United States.
my intention to draw any paral
between the whigs and tories of Eng
ih and the political parties bearing the
lrae designations here—as they stand
'onnccted with, or opposed to, the Ad
ministration of the Government. For
Sicily speaking, as these parties are
tnovn and understood abroad, we have
of them at the present day, in this
gantry. We
however, rather too
nock accustomed to adopt foreign names,
ad to ape foreign fashions, for the credit
of oar
own institutions, and our good taste,
ad would not follow the example. The I
sals, from- which have sprung the most1
prominent political parties that have been
seen in this country, were sown in the
upon the Constitution, in the Con
errts that formed that instrument. All
irere desirous of seeing the powers
to the Executive, Legislative and
Judicial departments of the Government
that the natural tendency of the powers
iiae of demarkatiou between the Federal
and Democratic parties of that day. The
recent revolution in France, and the scenes
of anarchy and disorder which prevailed
liuire, induced the federal party, then in
power, to brand the democratic party,
which was organizing to effect a change
in the Administration, with the opprobri
ous epithet of Jacobin—levelling them to
tliat disorganizing faction in France. To
rope! this unworthy slander, the democrats
in turn reciprocated the reproach, by
-branding the whole federal party, as To
ries. The sccnes of the revolution were
fresh in the recollections of the great mass
of the American people, and a more odi
ous epithet could not well have been ap
plied to a political party in this country,
than that of Tory. The meaning of the
term has neyer since changed among us,
nor is its opprobrium sensibly lessened.
It remains now to be considered how far
it is either just, honest, honorable or poli-
to apply it to any political party now
in oar country.
During our revolutionary struggle, the
Barnes and the parties to which these
.Oames were applied, were as well defined,
2nd as distinctly marked, as that of day
sunshine and tempest—as
and crime. During that
Its reminiscence will be as
ing as dor history, and its infamy as
_.lack "the deep damnation" of the
^eeds that
Mty to
his misguided sovereign,
i*lth innocent blood—and lighted his way
*?or and to^ powet} by the conflagra-
tion of dwellings, where he had found duty
shelter and protection, aud the temples of
the Almighty, where he had kneeled in
devotion. He glutted his revenge in the
misery of his victims, or washed it away
in the tears of the widow and the orphan
whom his ruthless hands had made such.
The name of American Tory is conse
crated to eternal infamy, in the heart of
can feel for the wrongs of his country, in
her days of peril and deep distress. It
is a name in this country, not of mere po
litical import, as it is in England—but it
is associated with events of thrilling in
terest, at the bare recollection of which,
the blood is chilled and the heart grows
cold. It is a name here, that is and for
ever should be, set apart, as a term of un
dying obloquy.
Who, in that eventful day, we$*y,he
American Whigs? They were the bold
advocates of the rights of the people—
the fearless and spirited opposers of the
encroachments and oppressions of the
Crown. They were loyal subjects, who
would have preserved their allegiance, by
peaceable measures, and by convincing
the ministry of their errors. They were
intelligent men, who understood the pow
ers of government, and respected them—
who knew their own and the people's
rights, atyd were determined to maintain
them. And when that determination was
formed, they were men, who had firm
ness to stand by it, and abide the result.
They were men, when remonstrance
failed to, bring redress of their wrongs,
and the strong arm of despotic power was
stretched forth, to coerce them to obedi
ence. who rallied in the cause ot their
country, resolved to live free or to perish.
They were men whose principles never
changed—whose constancy never wavered
—whose fortitude never forsook them—
whose perseverance never tired—whose
cooled—for they were
discreetly and equally balanced :\patriolism never
Wyet, individuals apprehended verv lif-j confident in the integrity of their motives,
tan. results from the powers thus grant- jand the j,.slice of their e^'Ihey k»ew
to each. One class feared that the
Enculive department was loo weak, long! try
no interest so diur, as that of their coun
her freedom
could confer—no laurels
preserve a just balance of power. The and happiness could CO
Mher tljouwht it sufficiently strong—and
honor so hign,
were won in the contest for her indepen-
ofthe Executive, as experience has taught dence. They contended with undivided
would be continually, to increase, heart and purpose, and were free. They
with the growth of the country. The are the men who subsequently brought
policy of the Administration, under the into requisition their united wisdom and
«ifcr"Adams, soon brought these conflict- information, to consummate those grand
ag opinions'to the test, and the political objects for which they had so successfully
revolution of eighteen hundred, drew the and nobly contended.
every free citizen of this republic, who What citizen of the republic will look at
this picture, and not say that he is a whig
of the same spirit and the same creed,
with the whigs of our revolution. Who
will deny that the great majority of the
and unjtuliiig, as those which
,ni u
under the Administration of the Govern
ment thus established, they have given to
all future time, a practical illustration of
the blessings of free institutions, in pro
moting the morals, the happiness, and in
telligence of mankind. They have thus
proved their superiority over the arbitrary
and despotic governments of the old world
which would bind the* wills and actions
of the people in chains of adamant, to
feed the avarice, and minister to the luxu
ry and power of the few.
They are the men, who, since that time,
have composed the great body of the A
merican people—who have always stood
and intercourse,' in furnishing an
and goods into a country that must
government, and sustained them in every I inhabitants of the more southern latitudes
lawful and beneficial exercise of official
duty—and who have ever shown them
selves to be peaceable and orderly citizens.
They are jealous of their rights, it is true,
but not capricious grumblers, nor factious
disorganizing opponents. They are too
democratic in feeling, and in principle,
to submit to any encroachment of power,
or any perversion of our free institutions,
with composure or indifference. They
have labored, industriously, to preserve
BLOOD, in every section of while they should be diffused and enjoy- very slight impediment if my at all. Its
Its crimson shades will on-jed by ail. 'l'hey are men, who respect channel has at the lowest stages of water
fy fade away with time, or
lost with jthe institutions and constituted authorities from eight feet
^r&age—by the murder of his country- will not cast direct public censure upon1 chains of ledges, called upper chain, La
^ien his neighbors and his friends, in1 them without cause—denounce them with-
j*hose circles he had mingled, and whose out necessity—nor condemn them un- of extremely difficult navigation, the chan
nospitality he had shared. He was the
jl'^&ts spy—the assassin's guide -and ground to doubt their own integrity—or: tricate and narrow. The English chain
free companion of savage enemies, the good sense and patriotism of their: has two channels. The one, near this
Jet less savage than himself. He sealed countrymen, by whom such men have bank, has but two and a half feet in great
been placed in power. A whig is one
who will use his privileges to benefit his
country in a faithful discharge of his own
American people have always been such,
however they may, for a time, have been
divided by party names, mischievously
and dishonestly applied. Men may easi
ly assume names themselves, or apply
opprobrious epithets to others—without
propriety in either case and for the most
reprehensible purposes. This only proves
that they are often more careless than
wise—more ill natured than honest—and
more censorious than charitable and kind.
Invidious parly names and distinctions
have crept into fashion among us. greatly
to our prejudice, without much regard to
their propriety, or their origin—as a man
sometimes seizes an awkward weapon, to
defend himself, or attack his enemy, be
cause it was near at hand while he trusts
to chance, for the manner in which it is
to be used, or the efforts of his skill.—
They have served, however,, for years
past, to vitiate our tastes* embitter our
feelings and associations, debase our hab
its, and pervert the truth—while they
have kept our political and social circles
in a state of high, unnatural excitement,
which should have been suppressed or
soothed into kindness, by beinjr nurtured
upon other and better aliment.
by the different Administrations of their summer residence or excursions by the ers in the northern and western parts how-
contiguous to the river. The river is con
stantly traversed by steam boats5 to Gale
na and Dubuque about 200 miles above
this, which carfy passengers, emigrants
and merchandize to those and intermedi
ate places, and return with lead, the pro
cluce of the "diggings1' at those points and
them in their original purity and simpli- through this territory. The first however. Red,
ttmggle for our national existence, the city—and will never consent, or lend their called the upper rapids terminating near and innumerable smaller lakes and ponds
of Tory was written in CAPITALS, aid, to see them monopolized by the few, .Davenport about
and not merely to ministier to his
own interest or gratification at her ex
pense. He will look at the political and
moral defects of others with that charity
he would ask for his own. His sense of
propriety will teach him, that he cannot
degrade his government in the eyes of
the world, without casting reproach upon
himself either for decency or patriotism
[Written for tlie Patriot.]
BURLINGTON, IO. July, 1839.
now within it. These channels of trade, der except a fraction of a degree at the
highway for the transport of passengers
tion and astonishment of the world and ed from it by long centuries of miles. I the aggregate of which exceeds one hun-j/for
must therefore not omit to mention the
rivers of the territory though you have in
relation to the most important of them
more information than 1 shall communi
cate, and are not without some knowledge
of the smaller ones.
ny s falls to the northern bound of Missou- water in depth but with a sandy bottom,
ters the present season, which point and course is wholly within it, that are consul-i
others in that region will perhaps before ered navigable to any considerable extent
miles above this is
to a
of the country—and who believe that by a fourteen feet pole, and Ls generally of a
strengthening public confidence in the sufficient breadth though in the upper
wisdom and propriety of the measures part it is rather intricate and narrow. I he
were perpetrated under it.— of the Government, they render the most lower rapids, so called begin about 30
and what was a Tory then' He was efficient aid in a beneficial and satisfactory miles below this place and ten below
supple minion of arbitrary powers discharge of public duty. They will not: Madison, extending about 12 miles, and
de base groveling tool of the oppressor.' impugn the motives of their rulers, with- at low stages of water are impassable by I
fi'8 footsteps were traced with rapine
out evidence of corrupt intentions. They'large boats. This set consists of four
heard. They will not give the world just: nel being for the most part very shoal, in-
depth not reached by
and Lower chain, and is
part at low water: The other, near the eas
tern bank, has generally six feet or more
but is eo Harrow and intricate as to be al-
most impracticable or at any rate very
dangerous. 'Iho government has made
some inadequate appropriations for im
proving this navigation, and some of the
ledge has been removed. We shall no
doubt give them a loud call to make a thor
ough work of it, and remove so much as
to make th6 passage over these rapids safe
and commodious for all boats navigating
the upper Mississippi. The wealth that
goes down over them requires it. The
wants of the population crowding Illi
nois, Iowa and Wisconsin above them on
both sides will require it: and it must be
I stated the principal source of the Mis
sissippi to be in lake Winnepeg. Some
geographers give the name Winnepeg to
a different body of water being a large
lake into which Red river flows. From
thence its course is 700 miles to the falls.
For 500 miles below the falls it has banks
gradually descending to the stream and a
handsome landscape. Below this the bor
der of the river is deformed by low bot
toms, and broken by slues, so called here,
which, before I. knew them, I took to be
hour, which makes it difficult of ascent,
wise be reached by long and laborious except by means of steam.
travel and could only receive supplies and
send out its produce by yet more labori- running on a rock bottom and nowhere person claiming his said labor or services.
that are feasible it may afford uninterrupt
ed navigation for 150 miles or more.
take in occasionally our surplus grain at! splendid lake scenery in the known world
this place, to supply the lower country.
The navigation of this glorious river "is
But the word slue seems to be
rather a corruption of sluice, by the same •'asseilt
unites again with the stream or it may be ^le
11 &
junction with the Mississippi, steam boats
It is only by reason of the rivers that tion aii'ording an immense region in the ^iat of Congress of
11820, which autnorized the people of Mis
ater this country, the arteries by which WLST, whence are yet to be drawn treas-1
life is maintained in it, that it can have ures of wealth hitherto unknown to the state government, and which prohibited
any value, or could become the abode ofj enterprise of the country. It washes with slavery in all that portion of the old Lou
the population destined to fill or that is' navigable water our whole western bor-i^arla territory lying north of thirty-
.... I dial control over the illegal acts of iusti
within the settled parts of the territory. jMS
T'Tl II' I
north. The current of this river is rapid, templated state, it is provided that any
being usually at its height 4 or 5 miles an. person escaping into the territory thus set
OesMon.es is a beautiful river
----1-1 i i
ous and precarious means, have made it! overflowing its banks. It runs through Under this provision we are asked to de
Those great ob-!accessible and brought it by the aid of the most populous part of the territory, |cide ^iat tne^petitioner is a fugitive slave, p.u.pOSC ofretainin£thatnsn»-o..--i,r^.u:~i
jects they have achieved, to the admira- steam into contiguity with places separat-1 and is navigable in two broken portions! ^^cTshould come to tSrTerritoA?1?^
1 he Cedar river has rapids in Linn
county about 120 miles from the Missis-!
The Mississippi has its course for GOO' navigable. It is a broad stream, and a few having escaped into the Territory. Such
miles of navigable water from St. Antho- weeks from writing this had ten feet ofja oon^tiuction would introduce almost un
ri, a little below the Des Moines rapids, liable to be obstructed with bars. tains a provision in relation to fugitive
along the border of this territory. Sev- These two streams are the only ones slaves substantially the same as that con
eral boats have been as high as St. Pc-|in the settled part of the territory, whose taincd in the act of Congress above refer-
long become places of general resort for for steam boats. Probably the large riv- then, the master should make an agree-
ever are navigable. For a description of i ,. ,N
furnish good water power for mills. The
northern portion is also finely diversified
with lakes which afford some of the most
They are Lake Pipin, Lac quiparle, Big
stone,Elk. Buffalo, Ottertail, Itasca, Plan-
obstructed by two sets of rapids in passing! tagenet, Cass, Leech, Winnepeg. "Turtle, was to pay a certain amount to the former
them I refer you to the puohshed ac- partieular individual, his heirs or assigns:
counts of travelers. But the territory is While he fulfils'his agreement he is a
watered by a great many smaller streams! slave to his new master, and as soon as he
some of which I have before named which1
of the Woods, i-embina, Devil, as the price of his liberty
The whole extent of navigable water
in this territory not including lakes will
at the lowest estimate exceed twenty-five
hundred miles:
Mississippi COO
Missouri (about) 1*200
Des koines 150
Iowa and Cedar 120*
To which add for all others
includingSt. Peters, Red
and Jaines, 500 at least
Waters go out from or pass our limits
that will5 transport us to Hudson's Bay
and the gulf of Mexico, to Pennsylvania
and the Rocky Mountains.
I have? already mentioned tho^sugges
tion which is forced on us by the fossil
remains at this place that a body of water
1 am of opinion that a sea once connected
the waters of Hudson's Bay with the
Gulf of Mexico, in the period of the se
cond geological formation, dividing the
Alleghanies from the Rocky Mountains
and the western Hemisphere into two
great continents or perhaps into three, se
parating the Andes from both.
This case comes before us in rather a
singular attitude, so that perhaps it is not
strictly regular for us to entertain jurisdic
tion of it at ail. As, however, it is an im
portant question, and may ere long be an
one, and as it is by the mutual
., ... i ested, we concluded to listen to the areu
whimsical mistake which puts shay for ment
request ot all the parties inler-
aud make a (lecision
chaise: a slue being a narrow run by without considering it a precedent as to
which the water goes'off at one side
the future practice of this court.
i- ,i a slave before the iustice oi the peace, as
a ipueu to mean a turning aside, correct- ic.i-t n
ly perhaps, though oudly, as it is applied i the case, the writ of habeas corpus was
to a sled that slips off tlie track. properly brought, :s being the only means
With the Missouri we have at present which the judge of the district court,
less concern: its course being nowhere ®ases
of the p,ace_ The
1 he time may be not far however when ling been transferred to this court, it will
this will be the most important of the two perhaps be proper for us to make such a
streams to us. You know that it is navi- i disposition of the matter as might have
gable from an immense distance above its!bee,n
litioner present
having gone to the Yellow Stone: and The claimant asks that the petitioner
that its valley is more than double the ex-! be restored to as a slav§, and princi
tent of the Mississippi above their junc-|Pa^y ^or
'six degrees and thirty minutes of north lat-
ilm|^not includeil wit|lin the tben con.
from whom labor or service is law-
Tu|] be reelilimcd alu1
ture time piy to his former master
sippi, to which point it is supposed to be without permission, and consequently as
I you please-the obedient servant) of some
Yours, &c.
In our last number we gave a brief re
port of the case of Ralph, a colored man
vs. Montgomery. Below will be found
the Opinion of the Supreme Court, as de
livered by the Hon. Chief Justice
SON. This decision will doubtless secure
the approbation of all who profess to be
the friends of humanity and law through
out the Country, and obtain for the Judi
ciary of the infant Territory of Iowa a
name abroad, which could not, under oth
er circumstances, have been gained.
this c^e,
man who was claimed as
serts that he is free. If this be actually
exercise areme-
praceedings hav-
the district judge, or
such as we have might maKe were the pe-
reasons: in the
Territory to form a constitution and
e U n i e S a e s s u e s o n a y a w e e n s o y and control °f-the petitioner
,'.om,eved (0
dred miles. With some improvements four or°five years, still it v. as upon the ex-' fl°"op1e1ration* y^hen "J mis manner he
press condition that he should at some fit- !UeSa'-v
sum of live hundred dollars, with interest!
not having complied with this agree-
he is to be regarded as being here
Qualified slavery into all the free states,
The constitution of t]ie
United States con-
., red to. so that in this respect all the free
i states in the are same pre-
with this Territory. Suppose,
with the slave to proceed to a free
state and remain forever the slave (or if
^ecomes again a slave to
his oTd one, who may forthwith reclaim
him.*- We cannot countenance such a doc
From the facts agreed upon in this case,
it seems that the claimant consented that
his slave should come to this Territory.
The permission seems to be absolute, but
t[iere was an
understanding that the latter
How the fail­
ure to comply with this understanding
could render a journey undertaken with
his master's consent an escape, we are un
able to comprehend. The petitioner is
under the same obligation to fulfil his en
gagement as though, instead of purchas
ing his own freedom he had become in
debted to his former master for the pur
chase of any other species of property. It
is at most only a debt, for the non-pay
ment of which no man in this Territory
can be reduced to slavery.
We are far from declaring there, can W'
no escape in cases where a slave goes to
a free state with the consent of his mas
ter. He may be sent upon an errand
with directions to return immediately.—
tie may travel in company with his mas
ter or with others. Under such circum
stances, his refusal to return might proba-
j,e regarded as an escap
of great depth oncd covered this ,yalley. claimant ,ihat -slavery ^s not prohibited in
But this
certainly cannot be the case where the
journey was undertaken with the under
standing by all parties, that the slave was
going to become a permanent resident of
the free state or territory.
But it is contended onithe.jpart of the
this Territory—that the act of, iS":0 abcy
mentioned is a mere naked dec!" .r-r
requiring further legi=Iatioh^c rerd^r ~f
operative—that it merely -V
upon the states and territories
ed within the prescribed liini
further action on the
law has no sanction, and con^rT..
force. This position we think cantrot he
maintained. Congress possesses lb«»
preme power of legislation in relation 1c
the Territories, and its right to prohibit
slavery, at least in relation to staves sub
sequently introduced—is doubtless legiti
mate. Has this right been exercised in
relation to the Territory? The language
of the act of 1820, in relation to the dis
trict of country embracing this Territory,
is, that slavery therein "shall be and is
hereby forever prohibited." This seems
to us to be an entire and final prohibition
—not looking to future legislative action
to render it effectual.
But it is said that although the act may
prohibit slavery, still it does not declare
a forfeiture of slave property, and that the
most which the law will authorise is that
the master may be required to remove his
properly out of the Territory. It is true
that the act just mentioned does not in
express terms declare a forfeiture of slave
property but it declares in effect that such
property shall not exist.
The master who subsequently to that
act should permit his slave to become a
resident here, cannot afterwards exerciee
any acts of ownership over him within
this. Territory. The law does not take
away his property, but declares it no lon
ger to be propert)" at all. Of course those
legal remedies which can only be resorted
to upon the presumption of a still subsist
ing ownership to the master, become alto
gether annihilated.
A wide difference exists between this
case and that supposed of an act of Con
gress prohibiting private banking. In the
latter case the property invested in that
traffic in violation of the law, would cer
tainly not become forfeited. But suppose
that instead of declaring that property
should not be invested in private banks
within this Territory, the act had declar
ed that capital so invested should forth
with cease to be the subject of property
at all, could the former owner, after such
investment, invoke the aid of our laws to
restore him what had once been his, but
which was now like the air, rendered in
capable of being appropriated by any
one/ Such is precisely the state of things
in t'. case now before us. Property in
the sicr.e cannot exist without the exis
tence of slavery. The prohibition in the
latter annihilates the former. Property in
the slave being altogether destroyed, he
becomes free.
Could the claimant in this case retain
withont invoking the aid of our laws, and
'without their violation, we certainly
should not interfere to prevent him. But
when he applies 1o our tribunal for the
that appears) remain here forl^' is proper that they should refuse their
liave declared shall not be^proper-
human being of
|l' s ld«ty. it is proper that the law, which
equal protection to men of
all colors and conditions, should extend
their remedial interposition. We think,
therefore, that the petitioner should be dis
charged from all custody and restraini.
and pemitted io go free while he rem&ins
under the protection of our laws.
A Spanish proverb says, that the Jews
ruin themselves at their passovers, the
Moors at their marriages, and the Chr.s
tians in their lawsuits.
It may not be generally known respect
ing persons in the receipt of pensions,
that if they be convicted of felony, the pen
sion becomes forfeited.
Mademoiselle Rachel, the celebrated
French actress, who has come up from a
street ballad girl, is to be wedded to the
Duke D'Ossuna, and becomes a Castilian
Duchess, with a fortune of many millions.
Ilere is a romance in reality for you.
Buffalo harbor, 13th ult. was 30 inches
lower than it had been in three years, so
that heavily freighted vessels could not
come to the wharf. The cause is sup
posed to have been a strong Xorth East
wind, blowing the water up the lake.
No less than twenty lives were lost, on
board the John Bull steamer, on the St.
Lawrence, in consequence of jumping
overboard as soon as she caught fire.
A destructive tornado passed through
Cassewago township, Pa., on the 27th
ult., tearing up large trees, and razing se
veral houses to their foundations.
A drunkard fell across the railroad track
in Philadelphia on Tuesday, just before
the passage of a train of cars, and had his
head completely severed from his body.
"I don't know where that boy got his
temper he did not take it from me"—
"Why, no, my dear, I don't perceive that
you have lost any!" was the affectionate
reply of the sposo.
The scarlet fever is raging extensively
on ape Cod. A letter from Barnstable
dated on Friday, mentions that a whole1'
family of five children, spending the su ai
mer there wen? down with it, some of
them dangerously ill.
A Liverpool paper says that an onion
applied to the part affected by the stinc of
an insect, will invariably give relief. Phis
simple remedy should be
generally known. K U
A poor woman diedsjof ^hung^a, few
days since al. 1 hiladelphia, leaving five
children, who, with herself had been de
serted -by a dPM&eji husband,.
ir-ii* it**-

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