The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-01-15
AGood sign.

...vcllent article on the question---HGs
C Po,rer 10 institute slaDsiy2 ltregreis
....cessiiy which makes the publication neces-
.ns declares lis columns open 10 discussion.
accumulation is from en- able source. II
.,,, cousiderate, and well fortified by le-
,..,horities. VIII our Daiies publish this
80 Is /, not time that this view of the
-,,,;..t should be fairly presented
A.. Cougress Power 10 Institase sinverys
The srs. article Of the Constitution de-
,l,rrs chat all legislative powers herein
,..n,.d shall be vested in a Congress of the
,ass5 Slales.' &c. This limits the legis-
I.tye action Of Congress to the subsequent
~ enumerated powers.
In the eight section of the first article OF
tbs Constitution it is declared that Congress
.bsU have power "to exercise exclusive
LEGISLATION, in all cases whatsoever, over
mn district, not exceeding ten miles square,
ss NAV by ceSsion Of particular States, and
The acceptance Of Congress, become the
ssat Of the Government Of the United States,
and TO exercise like authority over all
plsces purchased, by the consent Of the
sgislsture Of the State in which the same
sbsIl be- for the erection of forts, maya
z.orS. aIs5nals, ock-yards, and other need
lu buildings.
Under this provision the ceSsion Of the
Ds,ric, Of Columbia was made, within
which territory slavery had been long sane
uoned, so that the power Of Congress TO in
zitu,e il within the District did not arise /;
ard no one, it is supposed, would contend
that within the ceSsiOn Of a non-slave-hold-
ing State for forts, &c, Congress could es-
u5lish slavery.
In no part Of the Constitution are slaves
named or referred to as property: they are
designated as persons. In the second sec
ion OF the first article, which apportions
representatives. and direct taxes, the words
.ghree-ffths Of all other persons" include
slaves. They are referred to in the ninth
section of the same article, which declares
that emigration Of importation of such per-
sons as any Of the States now existing shall
mink proper 10 admit shall not be prohibi-
TED by the Congress prior TO the year eighteen
hundred and eigh, and also in the second
section of the fourth article, IN relation TO
iugtyes from labor. In no other part OF
The Constitution Is there any reference to
slaves.
In the third section of the fourth article
/. is declared "that Congress shall have
power m dispose OF and make all 1SsdIul
rules and regulations respecting the territory
or other property belonging TO the United
States. The power here given is limited
10 the regulation Of the property of the Gov.
eminent, and may be exercised as well with
in a State as a Territory. Ii gives no ex.
press power to institute a Territorial Gov.
eminent, or to adopt regulations beyond the
specific objects Of the grant. Congress are
authorized 'to dispose Of the territory
(land) or other property. Political power
IS not it would seem, within the grant
This IS considered too clear to be conuover
ted.
There is no specific power given to Con
gess, in the Constitution, which authorize:
the establishment Of a Territorial Govern
ment- except that which relates to the Dis
trirt Of Columbia.
The Ordinance '1or the government o
the territory Of the United States northwes
Of The river Ohio" was approved 9Th Au
gus, 1857, which was before the formation
OF the Constitution Of the United States
That ordinance provided for the first and sec
ond grades Of Territorial Government which
extended over the territory that includes th'
present States Of Ohio, Indiana, Illinois
and Michigan. Separate Territorial Gov
ermnents were formed under the ordinance
as the progress Of population required
Inns provided for the government Of all tn
territory ceded 10 the Union at the adoption
oil the Constitution; and this fact may hay
been supposed TO render any provision Of
Tie subject in the Constitution unnecessary
On the 9TH August, 1889, the ordinance
was modified by an act Of Congress, so a
10 adapt It TO the Constitution.
On the 18th February, 1890, North Care
INA eeded to the Union territory which no,
constitutes the State Of Tennessee, whic
was accepted by act of Congress on the 2
o. April ensuing. In the act Of cessior
aInohg other provisions, il was sdpulate
uiaI no regulation made or to be made b
congress, shall tend to emancipate slaves;
and on the 26th May, 1890, By the act {
congress the ordinance Of 1887, with ce
taln exceptions in the act Of cession, wa
ADOPTED "lor the government of the terrific
oil the United States South of the riv.
Ohio"
ne INST annexation Of foreign territory |
ue United States, was Louisiana, with
winch slavery existed under the French an
spanish Governments. Florida, which W,
subsequently annexed. was also q slaS
9'Tle' Texas was a slave State.
IL any part Of Mexican territory shall [
on annexed as slavery is not sanctioned
leAico, It must come into the Union as
nee territory; and the important questio
afSes whether Congress have power to mall
slave territory,
NO question is better settled in this cou
" than that slavery exists in State
virtue Of the local law; that the power ov
Ge subjects is exclusively vested in d
olale, and that Congress, e1cep; as to d
lecaPlure Of slaves, can exercise no pow
it.
ne relation Of master and slave is d
Penoent upon the local law; and when d
slsse escapes, by any means to a Sta
where such relation does not exist. he is fre
unless under general law he may be
captured by the master. The Constitute
Which oIllh.-..-..-- Il z