New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-06


are fta forever De character u tie population n DE
region over rh 70 extended, and takes avs az on ollla
uol '.om ie claim ~ lq n as h'iaAee ~ w 10
Tho 4-f II csson hy Virginia 90 no- oelrFe tpl-ts' o
the power f0 make such a regl ai-on t,-
is therefore ordered adud-el and decreel ilt -e
Judgment Of f0e District LouT De a'Ifinr4 " li tps-
The decision was pronounced IN l-jO. and u lllly
sustains the view Of The subject have taken.
N on the 7ih Of April l7- an oct was passed Tor an
alncsbie settlement OF limits with the state Of Georgia
and authorizing the establishment Of Government IN
the s-is-ippl Territory This act authorized inc
President % establish therein Government IN az r.
pccts similar that IN the Territory norinWest OF me
Ohio River exceT ting the sixth article Of me ordnance
OF l1z7 II then prohibited the importation oi slaves
into tae Territory from any place without the liis Oh
the United states This act was passed ten years ICES
4 few months before Congress was euinOrzed py tr
Constitution 10 prohibit the importation Of slaves into
the states which originally parties 20 the edrra
compact. This provision Of the Constitution appled
only 70 the then existing states 10 DID not extend 70
the states thereafter % be formed or 70 me AtFfot
Of the United states fact Of the highest Importance
If II is % be regarded limitation Of a vested power
The exercise by Congress Of the power OF prohibiting
the Introduction u slaves into the Mississippi. Territory
from foreign countries appears % have passed without
opposition ind no division in either House on tnat
clause Of the bill This fact show the undisputed m
erpretatOn put ~ that day on the Constitution OF the
United states in respect 70 the powers OF Congress
over every matter Of domestic concern In the territory
belonging the United states, and especay over the
subject Of slavery, the most delicate OF All. lhtft
was direct exercise by Congress, in respect 20 the
Territories Of power which was positively prOhDlted
in respect the states existing AZ the adoption OF the
Constitution. This ect passed under the Administration
Of the elder Adams. ,
Ill At the first session of With Congress, chap A.
laws Of lOJ an act was passed % divide the territory
belonging 10 the United states northwest Of the ONO
river into two separate Governments Ihs act crealeu
Territorial Government Tor Indiana ~ all Ic-Pecls
similar % that provided by the Ordinance OF lc ortne
government Of the Northwest Territory. This prece
dent reairms the principles contained in the Ordinance
The act was signed By the elder Adams
n-nI I'd
vding Louisiana into two Territories and providing for
the temporary government thereof All that part OF the
territory south OF the 33d parallel OF latitude now the
southern boundary OF Arkansas was erected into the
Territory OF Orleans
The 10Th section Of the Act had three provisions IN
respect 70 Slavery in the Territory J. The importation
of slaves from any place without the limits OF the ned
states was prohibited ,. he importation IRON any
place within the limits OF the United states Of slaves i'm
ported since the lst May. l79- was prohibited ana,
3 The importation Of slaves, except by citizen Of
the United States removing into said Territory Tor
actual settlement and being at the time Of such re
mova bona fie owner OF such slaves, was prOhlOted
When this section was under discussion IN the senate
motion was made 20 strike out the last clause, and u
was ne ratived by vote of ~ 20 Q. 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. wells
and Samuel White OF Delawmes Of the ~ from slave
holding states.
The House Journal does not show any opposition 10
this scctOu. Inc vote on inc It77-' 90 tN 'i+
was GG yeas and 81 nays. OF the latter only i-one
third of the whole numbcr-wcrc from slayeholdns
states
The Territory Of Orleans appears to have remained
subject to these restrctionat least All but the nrst
until 1912 when IL was erected into state, with the
name of Louisiana At least can md nothing TO the
contrary On the "a March, l-15, an act farther pro
vding for the government of the Territory passed
by which the Ordinance Of ~ was applied 10 IT, except
the sixth article prohibiting Slavery forever and sn
much of the second paragraph a. regulated the descent
and distribution OF estates. But by the eighth section
OF the act the net Of March - l-Jl dVidhS the LET
riory of Louisiana. which limited in ts operation
to one year and the end Of the next session OF Con
grcss thereafter was continued in fan force until re-
pealed excepting 20 far as II was repusnh' 10 the ae
Of lsOJ. The restrictions on the importation OF slaves
we're not rcpugnant to that act and they must have
continued ina operation state this fact because Il hHs
been supposed aud asserted that the act OF Oi was r.
pealed the next year though Congress mad passed
il pconsidcratey and had thus early become convinced
of the legaty Ofthe restrictions upon Slavery which
contained But the construction Of the act Of cJJ IL 50
obvious that the repeal cannot boz admitted without n
dical Interpretations showing IT, ind none On the
contrary, find a decision OF the supreme Court oil
Louisiana showing that those restrictions were con
tnued in force. Will read an extract from 1t to the
Senate
Territories IN force ma this country slaves introduces
here IN cOniravenion 10 IT, were eed by opefauuh VI NV
u that act merged IN the legislative provisions Nhci
were subsequently enacted the subject Of importation
Of .ves INTO the United States generally -Goe- vs. Bon
| oer1i 8 Mayfiq's Rep SIS (Sup. Court ofLa 1919.
The general law referred to, went into operation on
the st OF January, ls0s. If, therefore, there was a.
this decision shows, merger IN lcuo there couu nave
/ been no repeal in ls05.
There cannot be stronger case 10 show the control
Congress has exercised the subject. Slavery eN
isted in Louisiana when IL was coded 10 the United
states Congress did not impose any restriction on the
tenure of slaves then held in the Territory that might
have impaired vested rights OF property under the loc
law which the United States had cOyenanted IN inc
Treaty OF cession 20 maintain and protect But Con
gress not only proceeded at once 10 prohibit the i'm
portation of slaves from foreign countries but 10 pro
hbit their introduction from the states OF the Union
excepting when accompanying and belonging 70 cIu@eh
of the United States moving into the Territory 10 be
come rssidents. This TO impose restrictions upon
is extension even within the Territory in which Il eN
sted Ii was direct prohibition OF the domestic slave
trade 1t was exercise OF power, IN respectt0 me
Territories which Congress did not possess IN respect
20 the States II anticipation, by tour years, o.
the time al which Congress was authorized 10 proho
the importation OF Slaves into the original states lm
act was signed by Jefferson
On the 18th January 1906 an act was passed es
tablishing the Territory Of Michigan, with govern
ment in all respects similar :, thst provided Dy tht
Ordinance OF Congress pass ID on the 18th day OF July
7s for the government OF the territory OF the United
! states north west of the river Ohio
! VI On the 81 of February lSJ9, similar govern
ment was established for the Territory OF Illinois
These last acts also passed under Mr. JEFFERSON
/ Administration.
VII on the Attn of June So an act passed pro
yidng for the government OF the Territory Of Nilsson
RI and the laws and regulations IN force IN the Dtflc
! of Louisiana were continued in operation.
! VIII On the 81 OF March ISL, government wai
formed for the Territory Of Alabama and the laws ther
in force within it as part OF Mississippi were contin
ued in operation. These acts were passed under Mr
| Madison.
! IN. On the "a Of March 1919. the Territory OF Ar
kansas was formed from the Territory OF Missouri anc
| a government established Tor IL
! Y On the 9th OF March 1920 the inhabitants OF MIS-
souri, were authorized TO form Constitution and Stat'
Government and Slavery prohibited in all that par
OF the Territory of Louisiana North OF 30 80 NOrii
latitude In this exercise of legislative power, the
greatest latitude Is given the authority claimed unde
the clause of the Constitution respecting the Terrtor,
/ OF the United States.
| ri On the 3Jth March lS22, act was passed FOL
the establishment of Territorial Government In Flor
ia containing provisions making Il unlawful 70 impor
or bring into the said Territory from any place "hou
the limits OF the United States any slave or slaves
These three acts were passed under Mr.. Monroe al
/ mnistrauOn.
XII On the Goth April, 1896, an act was passed es
! tablshing the Territorial Government OF Wisconsin
securing 10 the inhabitants the rights, privileges an
advantages secured 10 the people OF the North-Nester
Territory by the Ordinance OF l7s7 subccting them Z
the conditions restrictions, and prohibitions con
tanned in said Ordinance and extending the laws OF IN
United states over them. This act signed by Gen
| eral Jackson.
! Kill On the 18th June ISIS, Territorial Govern
ment for Iowa established, and the laws Of the I
states extended over IT, This act was signed by MI
q