Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1848-08-30
which mipb, be passed in the Terri,orv


This reservation was not made a. O mere
idle declaration Of power, but was inten-
ded for practical purposes, and was aher.
wards resorted to for the purpose Of an
nulling portion Of the Legislation Of that
Territory. Congress passed an act in
July, 1886. which expressly declared that
certain bank charters, which were grant
ed by the Legislature Of Florida. should
bs null and void. The same act provi-
ded-
"1ha: no act Of tie territorial legislature
Of any Of the Territories Of the United
States, incorporating any bank. or any in.titu-
ton with banking powers or privileges, hereaf-
ter to DO passed. shall have any force or effect
whatever until approved and confirmed by Con
gress."
In april, 1886, an &C, was passed es-
tablishing the territorial government Of
Wisconsin. This Territory then en-
.braced what is now the State Of Iowa as
well as Wisconsin. The act organizing
the Territory prohibited slavery in it, by
applying to it the restriction Of the ordi-
nance OF 1897, in the same manner that
it is now proposed to apply it to the Ore
gon Territory. The lolh section Of that
act provides
'And be C,lrt.rr enacted, That the inhabi-
tants Of tho sud- Territory shall bs entitled To
and enjoy al! and singular the rights, priv GEES,
and advantages granted nd secured TO the pc %
pie Of the Territory Of the United States north
west of the river Ohio, by the articles Of the
compact contained in the ordinance Tor the gov
ernment Of the said Territory. passed On the 30ti'
day OF July, 1857 and shall be subject to all the
conditions and resolutions and prohibitions in
said articles Of compact imposed upon the peo-
pie Of the said Territory
Slavery was thus expressly prohibited
in that Territory; and the debates of Con-
gress will be searched in vain to find any
objection urged at that time against this
prohibition, on the ground that Congress.
had no constitutional power to make H.
The gentleman from Virginia (Mr
BAyLY) has asserted tina, Congress did
not prohibit slavery into either Of the Ter
ritories Of Indiana, Illinois. or Michigan
in the formation of their territorial govern.
menis; and he has urged this with great
confidence, TO sustain the position thai
Congress did not consider that it possess
ed the power to make the rcstriction.-
Now. the gentleman from Virginia is en-
,rely mistaken in this assertion. Slave
ry was expressly prohibited in each o
those Territories by the several acts or
ganiziug their territorial governments.-
Zach one Of those acts contains the fol
lowing provision:
"Ind be IL Ju,ther enacicd, That there sI,all lie
established within the SAID Territory govern.
rneni in all respects similar TO that provided by
the ordinance of Congress, passed the thT
teenth day Of July, one thousand seven hundred
and eighty seven, for the government Of the
territory of tho United States northwest Of the
river Ohio
That ordinance. as | have before shown,
expressly prohibited slavery in all the
northwes, territory; and, when Congress
subsequently, found it necessary to divide
the territory. and carve out Of it the Terri
tories Of Indiana, Illinois, and Michigan,
it re-asserted the principles Of the ordi-
nance, and expressly provided that the
government of each Of those Territories
should be in all respects similar to that
provided by the ordinance Of 1897.
should be obliged to the gentleman il he
would inform US how the governments of
those Territories could not be similar in
all Prospects to the ordinance Of 1887, and
yet not be similar to it in the prohibition of
slavery. a portion of the people Of In
diana at that time desired to establish sia-
very there; and a memorial was sent to
Congress, from the territorial legislature.
praying the repeal of that portion Of the
ordinance which prohibited slavery
Congress very properly refused to comply
witt, their request. Why was such a mem.
orial sent to Congress if, as the gentleman
from Virginia asserts, slavery was not pro-
hibitcd there! IT'S strange. indeed, that,
with these facts before him. the gentleman
should assert ''tbat no attempt was made
10 control the domestic institutions of THOSE
Territories"
In addition to all these instances Of the
exercise Of the power by Congress, we
have the Missouri compromise. which has
now been acquiesced in by the country
for nearly thirty years. BY that compro-
mise slavery is prohibited north Of the line
Of thrty-six and halt degrees Of north
latitude. If Congress had the power to
prohibit i, north Of that line, it had the
power to prohibit it south Of it. As a
question Of power, il has been conclusive
ly and forever settled by that compromise.
But. Mr.. Chairman. it is useless to con-
sumo further time in the discussion Of the
power ofCongIess to legislate for the Ter
ri,ories. If the uninterrupted exercise OF
this power from the time Of the formation
Of the Government to the present day,
without dssen, from any quarter. and with
the express sanction of the highest judi.
cial tribunal of the Government. is not
sufficient to establish it as an existing pow
or, then no power claimed under the Con-
stitution can be regarded as settled. The
attempt to question the power At this day.
shows to what an extent the Constitution
may be perverted when party interests or
sectional feelings require its plainest letter
to be disregardcd. In the hands of poll
,cians il is made to possess the fexibility
of cum elastic In NAV be stretched 10
an indefinite extent, to cover projects OF
startling enormity, when southern strict
consrrucuonIstS can SEQ a sournern inter-
est in such a-project; while it is again so
contracted as to defeat the simplest meas
use Of domestic policy calculated to bcne-
fit the whole country.
II, then, Mr.. Chairman. Congress pos
scsscs the power to prohibit slavery in the