Weekly national intelligencer., 1847-12-25
COMMUNICATION.
HAS CONGRESS POWER TO INSTITUTE
SLAVERY


sequenlly enumerated powers.
In the eighth section of the first article of the
Constitution il is declared that Congress shall have
power to exercise exclusive legislation, in all cases
whatsoever, over such district, not exceeding ten
miles square, may by cession of particular
States, and the acceptance OF Congress, become
the seat of the Government of the United States,
and to exercise like authority over all places pur-
chased bv the consent of the Legislature of the
State in which the same shall be, for the erection
of FORTS magazines, arsenals, dockyards, and other
neediu buildings"
Under this provision the cesson Of the District
OF Columbia made, within which territory sla-
very had been long sanctioned, that the power of
Congress to institute it within the District did not
arise !; and no one, it is supposed, would contend
that within the cession OF non-slaveholdng State
for forts, &C. Congress could establish slavery.
In no part of the Constitution are slaves named
or referred TO property they are designated as
persons. In the second section of the first article
which apportions representatives and direct taxes,
the words " three-flths Of all other persons" in
clude slaves. They are referred TO in the ninth
section OF the same article which declares that the
migration or importation OF such persons as any
OF the States now existing shall think proper to
admit shall not be prohibited by the Congress prior
TO the year eighteen hundred and eight" and also
III the second section of the fourth article, in rela
ton TO fugitiyes from labor. In no other part OF
the Constitution is there any reference to slaves.
In the third section of the fourth article it is de-
clared " that Congress shall have power to dispose
of and make all needful rules and regulations re-
spectng the territory other property belonging
TO the United States The power here given is
Limited to the regulation Of the property OF the Co
vernment and NAV be exercised well within
State as Territory. Il gives no express power to
institute a Territorial Government to adopt re-
gulatons beyond the specific OBJ jects of the grant
Congress are authorized to dispose of the terri
tory land) or other property. Political power is
not it would seem, within the grant. This is con-
sidered too clear TO be controverted.
There is no specific power given to Congress, in
the Constitution, which authorizes the establish
ment of Territorial Government, except that which
relates TO the District of Columbia.
The Ordinance :" for the government Of the terri
tory of the United States northwest Of the river
Ohio " was approved 7th August, 1887, which was
before the formation OF the Constitution of the Uni
ted States. That ordinance provided for the first
and second grades of Territorial Government which
extended over the territory that includes the pre-
seq: States of Ohio Indiana, Illinois, and Michigan
Separate Territorial Governments were formed un-
der the ordinance, as the progress of population
quired. This provided for the government of all
the territory ceded the Union at the adoption Of
the Constitution and this fact may have been sup
posed TO render any provision on the subject in the
Constitution unnecessary. On the 9TH August, 4
l7S9 the ordinance was modified by an act of Con
gress, SO as to adapt it 10 the Constitution.
On the 18th February, 1890, North Carolina
ceded 10 the Union territory which now constitutes
the State Of Tennessee. which was accepted by act
OF Congress on the I'd Of April ensuing. In the act
of cesson, among other provisions was stipulated
. that no regulation made or TO be made by Con. !
gress shall tend 70 emancipate slaves :; and on the
10th May, 1890, by the act OF Congress- the ordi-
OF l187, with certain exceptions in the act Of
cession was adopted for the government of the ter
ritory Of the United States south of the river Ohio.
The first annexation of foreign territory TO the
United States Louisiana, within which slavery
existed under the French and Spanish Governments.
Florida, which was subsequently, annexed, was also
a slave territory. Texas was slave State.
Ii any part Of Mexican territory shall be annex
ed, as slavery is not sanctioned in Mexico it must
come into the Union as free territory; and the i'm
portant question arises whether Congress have
power TO make it slave territory.
No question is better settled in this country than
that slavery exists iii State by virtue Of the local
law that the power over the subject is exclusively
vested in the State and that Congress- except as to
The recapture Of slaves, can exercise no power
over it.
:. ..e relation Of master and SLAVE is dependant
upon the local law and when the slave escapes,
not exist, he is iree unless under general law lie
may be recaptured by the master. The Constitu-
ton, which authorizes the reclamation Of fugiives
from labor, is the law Of the Union on this sub.
ject. There is no principle in the laws Of nations
nor in the common law, as between soveregnties,
which authorizes reception Of fugitive slave
These principles will not be disputed by any one
who has examined the decisions Of the Courts Of
the United States.
Under the Articles Of Confederation there was
provision for the return Of fugitives from justice,
but none in regard to absconding slaves There
was, therefore, no obligation free State, unless
imposed by s own law to deliver up slave; ; nor
was there any legal means through which the mas
ter could claim the fugitive. The inconvenience
and collision which frequently from this state
Of things led to the above provision in the Cons
tuition
The power to institute slavery belongs excu-
sively 10 the community in which it exists. In the
language Of Chief Justice TAYEY, in Groves IS.
Slaughter, | 3 Peters, sos, State " has right TO
decide for itself whether il will or will not admit
slaves to be brought within it, limits from another
State either for sale Or for any other purpose and
also to prescribe the manner and mode in which
they may be introduced, and to determine their
condition and treatment and this action cannot be
controlled by Congress, either bv virtue Of its
power 10 regulate commerce, Or bv virtue Of any