Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-05


sources, 10 prohibit slavery in "A state,
that power may be exercised i'm ordinary
acts OF legislation, and The prohibition
need not be made a permanent constitu.
tioral provision. Indeed, il Congress
possess the power 10 regulate this subject
by law, HAT itself, would seem Ia afford
a valid objection 10 The constitutional
provision; because, il would he wrong TO
make AN unaI'erablc rule, upon a subject,
which the constitution had intended for
regulation by law, as time and as circum-
stances might require.
Having now examined the cOnstitu-
ton, IN all It's material bearings upon
this subject, and finding in its obvious
Interpretation, nothing 10 justify The
opinion that Congress may lawfully eX-
ercise the right claimed Tor them, pro-
per respect Tor the transactions Of past
times, and due Difference 10 the opinions
OF others, require very brief attention
TO The acts OF the state and general GO
vernRent, IN relation 10 this subject, tlat
II may be seen What justification TO this
opinion, they will AFFORD. II will not how
ever, be deemed disrespectiui To these
acts, TO premise, that II they shall be
found, 10 have been done, To achieve OBJ
Jecis, desirable To all parties, aud deemed
Just IN the mSeives,-don without oppo-
sition, aud without a question of their
authoriiy,-ilIey will not he entitled To
great weight in deciding a question of
constitutional law.
Since the adoption OF the federal con
siituilon, Congress has admitted nine
states into The Union. Three OF them,
Vermont, Kentucky aud Tennessee, were
admitted without any condition pre-
scribed, and the acts o! Congress, admit
ting Vermont and Kentucky, which
passed IN 1901, are remarkable for pro-
viding simply Tor their admission, as new
and e,nire members of the Union :--'rhree
others, Ohio, Indiana and Illinois. are
admitted upon terms, WHICH amongst
other things, inhlbit slavery And the
other three, Louisiana, Mississippi, and
Aiabama, were also admitted upon Terms,
moi however inhibiting slavery. In The
states, III which slavery was inhibited,
there never were any slaves; IN those.
except Vermont, in which there was no
such Inhibition, slavery existed al the
Tine OF their admission, and has always
existed.
BY Ibis summary il will appear, that
Tile Congress Oft the United States under
me present constitution, has never vet
attempted 10 prohibit Slavery in ter
rtories, where il once existed aud that
!, has so far concurred in the inlerpreia>
ton here put upon The constitution, as
to consider the bare admiilaHce OF a
new state mic The union, sufficient 10 as
certain IFS rights, and give II an entire
qualify with the old states.
But 1t is supposed that the circum-
stances attending tie admission of he
northwestern states, of Kentucky, Mis-.
sissippi, Alabama and Louisiana, shew
that the right 10 impose terms, has Away
been recognized, and often acted npon.
Previous 10 the year 1897, in pursuance
Of several ordinances oi Congress, and
several acts of The legislatures of Massa
chuset!s, Connecticut, New York, and
V rg,nia, the northwestern territory had
been coded 10 the United States, under
provisions requiring lhai il should be
formed into states, 10 be admitted into
the Union,
In 1897, Congress passed AN ordinance,
and III SIX articles whereof, intended tor
the permanent government OF the terrific
ry, aud The states which should be form
ed therein, The principles deemed essen
tlai 10 secure the blessings Of freedom,
were prescribed, aud slavery was perpet-
ually inhibited. TWAS moreover provided
by these articles, that ANY state, when IT
had attained given population, should
" be admitted by It's delegates, into the
" Congress of the United States, on an
equal footing with the original staies,
" IN all respects whatever, and should be
" al liberty 10 form a permanent cons;i-
luton and state government. provided
" the constitution and government, so tC
tpI l,..ll 4 4
" conformity 10 the principles contained
" In these articles"
In 1888 the legislature Of Virginia pass
ed an act, accedlug 10 certain changes
proposed, in the terms Of ceSsion, and
railiying The ordinance of 1887.
Since that time, and many years after
The adoption of the federal constitutions,
Congress passed the acts for the admis-
sion Of the states of Ohio, Indiana and
Illinois, into the Union, prescribing only
that their constitutions should centan
nothing repugnaDi 10 the ordinance, or 10
The federal constitution. The terms were
accepted by The STATES, and their consti-
luliOns formed accordingly.
II is believed that on "A careful examiD-
atlcn of these transactions nothing will
be found ia hcm, aifording any material
support TO The right now in question.
Ii must not be togollen, that when this
territory was coded, and when this 0rdi-
ance OF 1887 was passed, the u. States
were under The government of the arli-
cles OF the confederation. By these arfi-
cIes, the power 10 admit new parties
thereto, was confined TO Canada, and
" 0fher colonies" Congress bad then 10
right To create states III tie northwestern
lPTriforV aud admit Them i,,tn tho union
They could only beadmiiied BY The una
nimOas consent OF all the parties TO The
coniederacy ; and u II were the intention
OF The ordinance Of 1857. and Of The laws
OF Inc stale governments connected there