New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-05


su-tains the view of the sub ect have taken.
To- On the lth OF April l14- act passed FOR an
aucahle seement OF limits with the state OF Georgia
ana althoriking me establishment of Government m
the ssis-ipPi Territory. This set authorized the
President o. establish therein Government IN at re-
spccts similar 20 that in the Territory northwest Of the
Ohio River eNceT Gin the sixth article ot the Ordinance
OF 49, To then prohibited the Importation Of slaves
into the Territory from any place without the limits OF
the United states This act was passed years lees
few m0nths.l before Congress was authorized by the
Constitution 20 prohibit the importation OF slaves into
the States which We're originally parties % the Federal
compact. This provision Of the Constitution applied
only the then existing states Il did not extend %
the States thereafter 20 be- formed 20 the Territories
the United states fact oi the highest importance
30 10 s % De- gardCd limitation of vested power
The exercise ty Congress OF the power ol promoting
the Introduction OF ayes into the Mississippi Territory
from foreign countries appears 20 have passed without
opposition. md no division IN either House on that
clause OF the til This fact shows the undispuied m
erprcttion put 40 that day on the Constitution OF me
United states In respect 20 the powers OF Congress
over every matter domestic In the territory
belonging the United states and especially over the
subject of slavery. the most delicate OF ALL There
was direct exercise by Congress. In respect 20 the
Territories OF power which positively prohibited
in respect 90 the States existing AZ the adoption OF the
Constitution This act passed under the Administration
of the elder Adams.
mr. AZ the hrst session OF With Congress chap. o.,
laws of l>0o act passed % divide the territory
belonging the United States northwest OF the Ohio
river into two separate Governments This act created
a Territorial Government for Indiana in an respects
-mt that provided by the Ordinance OF 1cl for the
government OF the Northwest Territory. This prece
dent rearm- the principles contained n The Ordinance
The act was signed bv the elder Adams
H. ON the goth OF March, lS0 an act was passed d.
vidng Louisiana into two Territories and providing Tor
The temporary govern thereof ATT that part on the
territory south OF the 3li parallel OF latitude the
southern boundary OF Arkansas was erected into the
Territory of Orleans.
The 6th section OF the Act had three provisions in
respect o. Slavery IN the Territory The importation
of slaves from any place without the limits Of the nted
STATES prohibited . The importation from any
place within the limits of the United states of slaves nm
ported since the lst May i9- was prohibited and
B. Tire importation of slaves. except by citizen of
the United States removing into said Territory Tor
actual settlement and being 40 the time ot such re-
moval bona 6fc owner OF such slaves, was prohibited
When This section under discussion in the senate
motion msde 90 strike out the last clause, ana u
egatved by "a vote of To 20 p Among the votes
in the negative were John Breckenridge and John
Brown OF Kentucky, Jesse Franklin OF North carolina
James Jackson of Georgia Samuel Smith OF Maryland
Thomas Sumpter OF south Carolina William H. Wehs
and samuel White of DeawareS OF the - from slave
holding States
Tho House Journal does not show any opposition 20
this section The vote the final passage OF the bill
66 yeas and 81 nays OF the latter only '-sone-
thir, OF the whole number-were from Slavehoidng
states.
The Territory of Orleans appears 10 have remained
subject % those restrctonat least all bat the hrst-
until l-i2. when IL was erected into state, with the
name of Louisiana At least can nnd no llng 70 the
con frarv ON the 2d March 1903 an net farther pro
vdnz Tor the government ot the Territory was passed
by which the Ordinance OF l-l was applied Oh teNccpt
the siNth article, prohibiting slavery forever 'nH =
much the second paragraph a. regulated flf descent
and distribution of ostacs. But by the eighth section
of the net the ret of March % lci dividing the Ter
ritory of Louisiana which limited in ~ operation
o one year and the end OF the next session OF Con
gress thereafter continued in full force until re
psaed excepting far As 10 was repugnant 70 the ac
of sO5 The restrictions the importation of slaves
were not repugnant 10 that act and they must nave
a an sta a.
been supposed and asserted that the ACT OF l7t was re
u aled th. next year as though Congress had passed
10 nconsderately and had thus early become convinced
of the Illegally of the restrictions upon slavery whcn u
contained But the construction OF the act of ca l. SO
obvious that the repeal cannot be admitted without Ju
dical interpretations showing IT. hnd none On the
| contrary find decision OF the supreme Court OF
Louisiana. showing that those restrictions were con
tnucd in force / viii read an extract from It to the
Senate:
Territories force this country, slaves, introduced
here 10 cOnuavenuon 10 h. freed by operation OF Ia"
bl thar act merged m the legislative provisions wch
were subsequently, enacted The subject Of importation
ofSaves uo the United states generally Gonez Vs. BIN
neral lIrtias Rep. 6j6. (SuD. CONT ~ LdJ 1919
The general law referred TO- went into operation on
the LIT of January, lr0s IT, therefore, there was, as
this decision shows merger in lsO- there could have
/ been NO repeal in l-Oj.
There cannot be a stronger case 10 show the control
Congress has exercised over the subject slavery eN-
-tcd in Louisiana when IL cedcd 20 the United
states Congress did NOT impose any restriction on he
tenure of Slaves then held in the Territory that might
havc impaired vested rights property under the local
law which the United States had cOyenanted In the
/ Treaty of cessOn 20 maintain aud protect But Con
1ress not only proceeded AZ once 10 prohibit the i'm
p0rtaton OF Slaves from foreign countries but 10 pro
hbit their Introduction from the states OF the Union
excepting when accompanying and belonging 10 cuzens
of the United States moving into the Territory 10 be-
come residents This was 10 impose restrictions upon
Us extension within the Territory in which 70 eX
sfcd 70 direct pronibuonoi the domestic slave
trade Il was exercise OF power In respect 10 the
L 1. q IN r.a.T -
20 the States 10 anticipation. by four years OF
the time which Congress was authorized 10 prohlDi
the importation OF slaves into the original states This
Y ON me Iith January. 800 an act was passed
| tlblshing the Territory OF Michigan, with govern
iu all respects similar 10 that provided ~ me
Ordinance of Congress passed on the 18th day OF Jmy
l7s for the government Of the territory OF the United
l states northwest OF the river Ohio.
ST. ON the 81 OF February, ls0g. similar govern
ment was established for the Territory OF Illinois
These last Two acts also passed under Mr. Jetersons
Administration.
VII ON the 4th Of June 1872 an act was passed pro-
vidng for the government Of the Territory u Nilsson
RI and the laws and regulations In force in the District
! of Louisiana were continued in operation.
VIII On the 81 OF March l-l1 government wa
formed for the Territory Of Alabama, and the laws then
10 force within IL part Of Ms-issppi were contn
usd ia operation These acts were passed under Mr.
~ on the ID of March 1919, he Territory OF Ar.
kansas was formed from the Territory Of Missouri and
| A government established for H.
y On the 9th OF March 520, the inhabitants OF Mls
sour we're authorized % form Constitution and STATE
Government and Slavery prohibited IN All that part
of the TERRITORY Of Louisiana North O 80 80 Norm
latitude in This exercise OF legislative power ne
greatest latitude ia given 10 the authority claimed under
the clause of the Constitution respecting the Territory
/ 0i tbe United states.
XII on the Both March, l522 an act was passed Tor
fha establishment OF Territorial Government in Flor
la containing provisions making IL unlawful 10 import
or bring into the said Territory from any place without
the limits of the United States, any slave or Slaves
Tlese three acts passed under Mr. Monroes I'd
| ministrarOn.
XII On the both April, 1896 act vas passed 80 s-
/ taoishing the Territorial Government OF Wisconsin
occurring 10 the inhabitants the rights puveZes' ana
adyantages secured 10 the people OF the NorhWestefn
Territory by the Ordinance OF llsI suhecung ilem o.
the conditions restrictions, and prohibitions con
raued in said Ordinance and extending the laws OF the
United states over them. This act was signed Dy ten
! ersl Jackson. ,, o.,
Kill On the 18th June, 1875. a Territorial Govern
nenr tor Iowa established, and tue avs OF we
| states extended IT, This act was signed y MI
/ van Buren,
/ And here Mr. President close this rapid specihca
ZION ~ i,gssfiye precedenrs, commencing with the
ir.t Congress and running with current OF authority
{ inin-errupted and almost unoppOsed through more
man half century. down % the present day.
Rv looking through these acts. u viii be found that
the mower OF governing the persons occupying the ter
80 heonqine 70 the United states has been exercised