The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-07-22

4 Po,'eu since INC Isl way, ld9o, was prohibited
ana, D. Tue Importation of slaves, except by
"citzen Of the United States removing into sal
territory for uctual Settlement, and being AZ a.
4 time Of such removal bona fsde owner az sucI
slaves" was prohibited.
When this section was under discussion in In
! Senate, a motion was made to strike out the las
4 clause, and IL was negatvsd by a vote Of 10 10 Q
Among the votes In the negative were Johr
, breckenridge and John Brown of Kentucky
Jesse franklin, of North Carolina; James Jack
son, OF Georgia; Samuel Smith, Of Maryland
lhomas SumPter, OF South Carolina; William
II. Wells and Samuel White of Delaware. ; q
the IS from slaveholding States.
The House Journaldoes not show any oppo.
sition to this section. The vote on the final mas
, sage Of the bill was Sc yeas and 81 NAYS. O
the latter, only Tone third of the whole uum
, ber-were from slavehslding States.
N The territory of Dreams appears 10 have re-.
mained subject to these restrictions-at least an
but the irst--unti lel2, when IL was erected
into a State, with the name Of Louisiana. A,
least can find nothing TO the contrary. ON
the Sd March, 1906, an act further proy,dino
for the government OF the territory " as passed
oy which the ordinance Of 1857 was applied 10
H. except the sixth article, prohibiting slavery
forever, and 50 muth Of the second paragraph
as regulated the-desient and distribution of es.
tates. But, by the eighth section of the act
the act Of March &c, 1904, dividing the territory
ofLouisiana, which was limited in its operation
TO one year and to the end of the next session
oil Congress thereafter, was continued in full
force until repealed, excepting so far as IL wa,
rePugnant to the act Of 1906.
The restrictions on the importation of slaves
were not rePugnantt to that act, and they must
nave been continued in operation. state this
iact because II had been supposed aud asserted
that the act Of 1904 was repealed the next wear.
as though Congress had passed il inconsiderate-
| w. and had thus eahy become convinced of the
| ulegaiity OF the restrictions upon slavery which
u contained. But the construction Of the act of
ioOo rs SO obvious that the repeal cannot be ad.
| mlited without Judicial interpretations showing
II. hnd none. On the contrary, 1 find a de-
| eision OF the Supreme Court of Louisiana.
| showing that those restrictions were continued
IN force. will read an extract from il to the
| Senate:
Formerly, while the dividing Louisiana into tro
euofes was In force mths country slaves inroirc, N
Ie IA oooravenon 10 Il. freed BY the operation OF
avs but that act Iged in the gisatye
winch were subsequently enacted on the Subect m in
Issuon OF slaves iato the United States generay'-
| 81 La 1913. - wv N'uP'' O'il
| Inc general law referred TO, went into opera.
ION on the LIST Of January, 1905 III, therefore
here was, as this decision shows, a merger in
logo' there could have been no repeal in isO5
lheIe cannot be stronger case 10 show the
control Congress has exercised over the subject
slavery existed an Louisiana when II was ceded
10 The United States. Congress did not imnose
| any Iestnchon on the tenure OF slaves then held
IN The territory; that might have impaired vested
nights OF property under the local law which Inc
United States had cOvenanted in the treaty of
| cession to maintain and protect But Congress
hOt only proceeded, al once, 10 prohibit the I'M
pot'aiion OF slaves from foreign countries, but
10 prohibit their introduction from the States ~
the Union, excepting when ACCOMPANYING and
belonging to citizens Of the United States NOV
ing into the territory 10 become residents This
was to impose restrictions upon its extension.
even within the territory in which il existed n
was an exercise of power, IN respect to the ter
utones, which Congress did not possess in re.
spect TO the States. II was an anticipation. by
iour years, OF the time at which Congress was
authonLed to prohibit the importation OF slaves
INTO the original States. THIS act was signed bv
Jefferson.
V. On the llth January, 1905, an act was
passed establishing the Territory OF Michigan
with government ''in all respects similar 10
mat provldedb by the ordinance OF Congress, pass.
ed on the 9Th day Of July, 1877, for the govern.
ment Of the territory Of the United States north.
west of the river Ohio.''
VI On the Sd Of February, 1909. a similar
government was established for the territory Of
Illinois. These two last acts also passed under
Mr.. JefiersOn's administration.
VII. On the ith OF June, 1872, an act was
passed providing for the government of the ter
ntory of Missouri" and the laws and regulations
IN force in the distinct Of Louisiana were con-
tinued in operation.
VIII. On the Sd March, 1917, government
was formed for the territory of Alabama, and the
laws then in force within 1t as a part OF MissIs-
IN
were passed under Mr.. Madison.
TX. On the I'd March, 1919, the territory of
Arkansas was formed from the territory Of Mis-
SCUM, and government established for IL
y. On the 9th March, 1920, the inhabitants
OF Missouri were authorised TO form a constitu-
ton and State government. and slavery was pro-
hiblted IN all that part OF the Territory OF Loui-
siana north of Sc deg. 80 min. north latitude. In
this exercise of legislative power, the greatest
latitude rs gwen to the authority claimed under
the clause Of the constitution respecting the ter
ntory Of the United States.
NJ. On the 30h March, 1922, an act was
passed, Establishing the territorial government
OF Flonda, containing provisions making il un.
lawful "to import or bnng into the said territory
from any place without the limits of the United
States, " any slave or slaves
These three acts were passed under Mr.. Mon
roe's administration.
All. On the 2Oth OF April, 1886, an act was
passed establishing the territorial government
OF Wisconsin, securing 10 the inhabitants ''the
nights, privileges, and advantages" secured to the
people OF the northwestern territory by the ordi-
nance OF 1877, subjecting them TO "the condi-
tons, restrictions, and prohibitions" contained
IN said ordinance, and extending the laws of the
United Statesov them. This act was signed
by General Jackson.
KILL On the 18th June, 1888, a territorial
government for Iowa was established, and the
laws of the United States extended over it. This
act was signed by Mr. Van Buren,.
And here Mr. President, close this rapid spe-
cifcation of legislative precedents, commencing
with the first Congress, and running with cur
rent of authority uninterrupted and almost unOp-
posed, through more than half century, down
tothe present day.
By looking through these acts, it will be found
that the power of governing the persons occupy
ing the territory belonging to the United States
has been exercised by Congress in almost every
form, and for great variety OF purposes, NUM-
cipal as we'll as political. Officers have been
appointed, their qualifications prescribed, the
night of suffrage, fixed limited and extended, the
descent and distribution Of estates regulated,
courts organized and their powers defined, per
sonal rights secured, and, in general, the whole
power of legislation has been controlled by
Congress through the supervision 1t has retained
over the laws passed by the Legislative assem-
blies of the territories.
Let us now sec how fat this exercise Of legis-
| latve power has been sanctioned by judicial in-
terpretations. quote from decisions Of the SUI
preme Court, the highest Judicial tribunal IN the
United States. That Court, in referenceto the
clause OF the constitution giving Congress power
To disoose of and make all needful rules and reg