Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1848-08-02

aTcpefsoHs and not proPerty,-see the "oo'e oe-
cisicns- The Supreme Court OF the L. States
has also decided that slaves PEI sons, aud that
they are not the subjects Of commerce Hence,
since they not property under the constitu-
ton, Congress is not bound TO protect the mas
,er's claim % ,hem-particuiariy as it is contra
~ 10 re ason aud Justice. The relation Of master
and slave i. strictly local, and can exist only
where the soil Ina. been cursed by the establish
ment Of that unlial!owed institution.
Though believe that slavery cannot legally
exist in the territories, even with or without pos
tive law rom any source under the constitutions
yet We believe that j, would exist by quasi per-
mission for the want Of lriend. 10 aid the slave.
IN securing their freedom. unless II IL expressly
prohibited by act Of Congress. This is why
We Isl, Congress to interfere.
Slavery being the creature OF municipal lecis-
la,ion law see above dcci>ions,-it follows
that # Congress has power TO legisia,e for the
territories, i, has power to prohibit the introduce
ton OF slavery there. This power is incident to
sovereignty. and is expressly conferred upon
Congress by the constitution III the clause autho-
rizng it dispose OF and make all needful rule.
and regulations respecting the territory or other
property belonging TO the Omitted Sta,es.'' and i,
IS also HectSsdIIiS CtIhtG lToiI urea
ty-niaking power. Chief Justice STORY, in his
work the constitution, says:
"As the General Government possesses the
~, J. ~..,a $50, :. Ill; an inevl,a-
bic consequence, that it possesses the power to
govern what II has acquired The territory does
not, when SO acquired, become entitled TO self
government. and it is not subject to the luris-
Giction Of any State. 1t must consequently be
under the dominion and jurisdiction Of the Union,
or it must be without any government at ALL
No one has doubted the authority of Con-
grcss TO erect territorial governments within the
territory Of The L. States, under the general lam
guagc OF the clause. ito make all neeulul rules
and regulations. Having Il right TO erect Il ter
Titoriai government. they may confer upon il
snch powers, legislative. judicial and executive,
they may deem best Vol 3, PIP. 1893, l9c.
This opinion Is confirmed by judica decisions.
In of the decisions of the Supreme Court
of the United States, Judge M,ksHALL says:
THE jurisdiction of Il nation within It's own
territory is necessarily exclusive and absolute
1t is susceptible of no limitations not imposed by
itself All exceptions, therefore, TO the full aud
complete power within lis territories must
be traced up TO the consent of the nation itself
They can flow from no other legitimate souyce.
Il Sehooner Exchange Us. McFaddon, ct a., .M
Crasch, ltd. l36-1
1t is decided in like manner in the same Court
IN the of American Insurance Company Is.
$50 bales Of cotton, l Peters.
The power of Congress to iegislate exclusively
on all questions IN the territories, and that its u-
risdiciion is sovereign and complete, is fully CON
firned by the follow ing decisions also: McCui-
loo hrs the State Of Maryla Whcaion's
Rep 49, Peters L. $. Rep, 5f2-3; Cherokee
y alton rs. State Of Georgia Peters Rep. ~;
S-rg-aut's Constitutional Law. 3c9; 3 Story's
Com. 1891; Rawie on the Constitution. 211;
Ken,'s Com Vol. ! p. $50; Chancellor Walwcrih
in II Wendell, SCI, &c.
Many other cases might be cited. hut these
enough to show conclusIvely that Congress has
power 10 l.gslat- in all cases rhafsoerer for the
territories of the L. States. 1t is self-cvidcnt
that the power proiI4Ht slavery The terrific
ries is here included and We presume that
one " i'll attempt 10 controveit it, for cannot
perceive by what process Of reasoning it could
be proved that Congress has no pos er 10 egs-
late to prohibit slavery in territories, and yet
have r,ciusirc po,cer TO kgi~laie all questions:
and while II is conceded, too, that slavery is the
creafufe of legislation. But we not ,esti,nte
of authority which IS directly 10 the point. The
9th article of the Ordinance Of J1S1, prob bts
slavery in the Northwest Territory. After the
adoption of the Constitution, some doubts
e entertained to it's validity, and it r-ipac-
ted by Congress, and consequently it is liz. first
law under the Constitution to prohibit slavery in
the Territory. The 9th article of this act has
bee decided to be constitutional
The Supreme Court of Missouri, saws:
"'rhc mother IA coiored woman Of Aspasia
was born at kaskask ia Illinois. previous I" 1881;
Aspasia was born in Illinois subsequent to the
ordinance of 1857. Aspasa was afterwards sent
to Missouri slave, and there brought suit for
her freedom. The Supreme Cour; held that AS
pasta was frec."-ISee Menand Aspasia, s
Peters sos.
This Ordinance is farther reco cnised TO be con-
stitutional by the Supreme Courts of several 9th
err Of the States. and also by the L. :. Court
See hurry rs. Clexnarder, vol :. Martins Lou
isiana Rep; IIogg re-. the GAINESVILLE Canal Co.
) Ohio Rep. 40; Phebe ct all. rs Jay Breese's
III. Rep, 2id: Spooner Us. McC onnelI ct al, l
McIean's Rep, 34l AND several decisions of
the same character in Kentucky, we'll as 9TH
er States.
The decisions of the Courts on this question
have been nnitoym-ai affirming the power of
Congress TO legi>iate for the territories.
Congress has passed eleven different acts for
the poyern,ret of the territores--in all of which
the power to prohibit slavery is virtually ack-
now lodged. and ID some Of them slavery is cx-
pressly prohibited. w shiagton, the elder Ad-
ans Jefferson, Madison. Monroe, Jackson, and
Van Buren, gave them their constitutional APP
prevail. The members of Congress and the Pres
dents sworn to support the constitution.
and if these acts were clear violations Of that in
strument, those violated their oaths,--the
thought of which rational man ente rtain
for a moment.
1t will be perceived, by what has been said.
that the various departments OF government
have decided this power to be constitutional. 1t
has also been acquiesced in by the people from
the foundation of the government to the present
time with but q few modern EXCEPTIONS, which do
not affect the force and weight Of opinions and
decisions in the affirmative of the question
Compromise Bill.
By this bill, the laws now in force in Or
egon are to remain in force. They forbid
slavery In California and New Mexico