The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-02


by Congress on the governments formed for the country
acquired by the Louisiana eay,to Louisiana, Arkan-
sas, and Missouri Immediately succeeding the cesson,
whilst they were Territories and before 1892 Why did
n not make the exclusion az to the Flordas soon as
the cession of them consummated and in the for
nation of their Territorial government
The first combined attempt after the ordinance to
tend 1t, made In 1919 with reference to Missouri,
and her admission State and it is true, those who
slavery from all the territory ceded by the Louisiana
treaty to the United States situated and north OF
the southern boundary OF Missouri. Upon that law
and its history, before take my seat, shall make some
comments
In 1872 30, and al was also attempted to estab
lish similar prohibition as to Arkansas and Alabama,
and indeed soil exterior Territories but the attempt fall
ed. Was the exercise OF such power withheld by Con-
gess from 1857 TO 1920 in delicate indulgence to south
ern feelings tender regard for southern interests, and
not out of any consideration for the constitutional rights
OF the southern States and their citizens' will not do
the savehoding States the wrong of commencing
their torbearanee, when | can find motive for their
course in sense of Justice and right not corroled or
weakened by selfish ambition for political ascendency, or
the influences OF sectional prejudice of anatlcal or
factious excitement II was this Of justice-ths
conviction of the rghtuness OF the claim OF the South
and its citizens to equality with them, that for thirty
odd years influenced those who preceded us, if not TO
stte all attempts 10 usurp power for the federal gov,
ernment the subject of slavery, at least 10 control
the action of Congress in relation those attempts,
prevent the harmony of the Union being disturbed
In my Judgment the very legislative pecedens cited TO
sustain the asserted power of Congress- and their history
recorded in your archives, show this; and, moreover,
resisted appeals made 10 tntm
at nearly every session during that PERIOD solely because
OF the absence Of power IN i to esslae as those inmlcal
TO the South asked of it, The 9th article of the ordinance
of 1857, all must know had but little practical effect
to any of the northwest territory unless il the
southern parts of ''the Illinois country and Indiana 1t
was the 'maniTes destiny" of that region to be non
slavehodng The institution of domestic servitude to
the African race, if sanctioned by express law could not
exist there benetciay, either TO the master or to the
slave. In the Territories to which Congress omitted
exercise the asserted power the exclusion could have
had (M practical effect The institution is adapted to
their locality, climate and products refer to this as an
eXempicaton OF my remark that until 1919, The action
of Congress this dangerous topic was controlled by
the sagacous and patriotic statesmen OF those tunes so as
TO avoid excitement far practicable Especially was
direct collision with any interest OF any section, as to any
matter OF practical Importance, avoided All the dscord
an, and clashng influences sought to be harmo,
nizcd Those to whom slavery is odous, were grahed
by its supposed legal exc uson by the ordinance of 81
TO Territories where slavery could not exist even If
allowed by law and whittier they could emigrae with
being shocked by it; and on the other hand those
who did regail it with such holy horror, were not
disturbed to their rights in those Territories adapted to
the institution and they could emisa'e h'ne he with or
fined to the Northwest Territory, the South generally had
little motive moot the abstract question OF lis validity,
otherwise seek to dsturb These facts 1t seems to me,
should satisfy all impartial minds that the non exercise
by the Congress of the constitution OF the asserted power
for the great length of time and with respect to at least
Territories, mississippi, Orleans Missouri, Alabama,
Arkansas, and Forda) is just as strong precedent
on the side, the action OF the Congress OF the
confederation az to the Northwest Territory, and the
sbse quent acts of Congress referring to the ordinance,
the other
The reference to the ordnance and the reitera,on of
its provisions to slavery, acts of Congress relating
to the Territories of Ohio, Illinois. Indiana Michigan,
| Wisconsin, and Iowa, nearly all of which States were
originally included within it. shows that the original
validity Of the ordinance and its being operative per
was regarded questionable. The act OF August 7,
1889. forties this view 1t is reced whereas, IA or
der that the ordinance may continue to have full elect
&c, and then modiles the ordinance. Why else such
aci did not grant any additional strength. Ii
will be noticed that, 10 the Territory 1t covers,
the ordinance psrpors 10 be for all time 10 By
the article respecting slavery, it is excluded 'foreper
from the Northwest Territory; thus attempting 10 bind
the future sovereign State government The word
in the sh section of the Missouri compromise act of 1920
When the fact is considered, that all propositions in
the constitutional convention to besow upon Congress
powers adequate TO prescribe such fundamental political
law tcerc reicttc and with the Sd section OF the 4th
article of tie constitution the only clause at all defining
the powers of Congress as TO Terrtores-and also the
non ratification ami continuance OF the ordinance IN the
constitution it seems 10 Inc ITS abrogaton from the date
of the adoption of the constitution must be conceded
Certainly if the ordinance is Inconsistent, with any pro-
visions OF the constitution its principles 1t must yield
| to their paramount force.
AS to any admissions of the power OF Congress- either
that of the confederation OF the Congress OF the con-
stution, implied from the action as to the Northwest
Territory reasonable can imagine, that with re-
spect to all that country, the members from savehodnS
States would be less vgant in their scrutiny oil enact
ments than made for Territories IN which The interests
| of the South might be practically injured. Unsuspi-
cious of the establishment of precedents to be years
afterwards cast in the teeth of their successors as con-
cessons OF principles, and abandonment OF clam 70
Tghts-reposing confidence that their uniformly liberal
towards their fellow citizens of the non-slave-
| holding States sincerely reclprOcated-averSe 10
caviilng with any of their States with whom they
had stood shoulder to shoulder hrough the revolution,
and out OF which contest all had just triumphant
their common oppessor II the ordinance Oh 81
did contain the and admissions II is argued
that does, it is entitled little respects and with all re-
spcct would say cannot be urged with becoming Amer
lean feeling as an estoppe against the South NO man IN
any section OF the Union, or OF any party or facon can
doubt that II the southern delegates, 1857, had been
admonshcd OF the be made of that law thereafter
If had they been forewaned that would be put forth
admission OF the power of the federal government to
ass southern rights, PROSTATE southern interests, and
degrade the southern States from their rgh,u political
cqualHy-tha they would not have unanimously and at
once. indignantly spurned it. Can any believe that
the southern States would have made the cessions
of territory they did make TO the coniedeacy, for the
| common benefit, If they had entertained suspicion OF
the course that would be pursued Would Virginia
have relinqulshed the very territory over which the
ordinance extended, if she could have foreseen
that the hostile measure subject vital TO her, and OF
which ,cpient step sought to be TAKEN would
be consummaed and that this ordinance would be tor
measures Would she not have resisted its enactment 10
eytremites. il she had imagined it snare2 Would
her distinguished statesmen who aided in its adoption
have given such aid, had they suspected If contained
and latent concessons2 Would any OF the southern
States have ratified the federal constitution il they had
anticipated that ts provisions and its guarantees would
be construed by the other States as effect that result
in reference TO the institution OF domestic servtude, now
attempted to be accomplished No, sir They did not
suppose it possible that in less than third OF century
attempts would be made to exclude their citizens from
the privilege OF emigration, colOred domestICs