The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-17

That the ordinance was not deemed by its trainers,
by the Congress which continued in force, incompatible
with any degree Of freedom from restraint, which may b.
justly claimed essential to political liberty, is appaen
from the terms of the instrument itself The articles, Of
which the sixth and last prohibited slavery, were ex
pressy declared to be adopted or extending The funda
mental principles of civil and religious liberty which
form the basis whereon these republics, their laws ant
constitutions, are erected to nix and establish those prin
cples as the basis OF all laws, constitutions and gov
ernmens which forever hereafter shall be formed in the
said erory to provide also for the establishment OF
States and permanent government therein and for then
admission TO share in the federal councils equal
footing with the original States at early periods
may be consistent with the general interest"
Several considerations suggest themselves in connex
ion with this subject
L. Neither the trainers of the ordinance, nor the first
Congress- considered the perpetual prohibition of slavery
IN the Northwestern Territory Inconsistent with the ad
mission OF the States to be formed out of it into the
Union on San equal footing with the original States
Neither the actual tenure of slaves. the right to hold
them, could have been considered essential to the full
frnition of the political liberty which the States pos
sessed as members of the Union
2 The prohibition was not considered inconsistent
with the terms OF cession of the territory by Virginia in
1854, which required that the States to be formed of
it should be republican States, and admitted members
eighty, freedom, and independence" These rights OF
sovereignty freedom and independence therefore, which
the members Of the federal Union enjoyed, by the
Congress of the confederation and the first Congress
deemed fully possessed although the right hold slaves
prohibited Virginia concurred in passing the ordi-
in the Congress OF the confederation in 1857, and
|
constitution in 1889.
Whatever doubt there may be as to the original validity
OF the ordinance, believe its authority has aways been
respected by responsible tribunals will read decision
from the supreme court of Louisiana in the of Merry
Us Chexnaider. Martins Reports, NEW series0 699
"Appeat from the court of the First district.
Porter. j., delivered the opinion of the court, The
the evidence record clearly entitled it, He born
in the Northwestern Territory since the enactment of Con-
gess in l7s7 the ordinance
country, according the 9th article Of which there could be
therein neither slavery involuntary servude This
dnance fixed forever the character of the population in the
region which extended and takes away all ounda
ton from the claim set up in this instance by the defendant
The ac OF cession by Virginia did not deprive Congress OF
the power to make such regulation
eli therefore ordered. adudged, and decreed, that the
Judgment OF the district court be affirmed with cos's'
This decision pronounced in 1890, and fully
talns the view OF the subject have taken
H. On the 7h OF April, l79S, an act was passed for
an amicabe settlement OF limits with the State OF Georgia
and authorizing the establishment of government in
the Mississippi Territory This act authorized the Presi
dent to establish therein government in all respects
similar to that in the territory northwest of the Ohio river
excepting the sixth article of the ordinance of 1887 1t
then prohibited the Importation of slaves into the Terri
tory from any place without the limits of the United
months) before Congress- was authorized by the const-
tuition to prohibit the importation of slaves into the States
which were originally parties 70 the federal compact
This provision of the constitution applied only to the
then existing States did extend to the States there
after to be formed to the Territories OF the United
States fact of the highest Importance if it is to
exercise by Congress of the power of prohibiting
the introduction of slaves into the Mississippi Ter.
rtoy from foreign countries appears to have passed
on that clause of the BILL This fact shows the un-
disputed interpretation put at that day the const
tuition OF the United States in respect to the powers of
Congress over every matter OF domestic In the
territory belonging to the United States and especially
over the subject OF slavery the most delicate OF all
There was direct exercise BY Congress- in respect to
the Territories, of power which was positively pro.
hbited in respect to the States existing at the adoption of
the constitution This act passed under the admnstra
ton OF the elder Adams
ILL., AT the LIST session of the 9th Congress- chap Al
laws of 1900, act passed to divide the territory
belonging to the United States northwest of the Ohio
Territorial government for Indiana in all respects SINH
lar TO that provided by the ordinance of 1857 for the gov
eminent OF the Northwest Territory This precedent re-
act was signed by the elder Adams.
~. On the 26th of March, 1904, act passed d.
vdlnz Louisiana into two Territories and providing for the
tory south of the 33d parallel of latitude the southern
boundary OF Arkansas was erected into the Territory Of
Orleans
The 10th section of the act had three provisions in re-
spect to slavery in the Territory l. The importation of
slaves from any place without the limits of the United
States, was prohibited p The importation from any
place within the limits of the United States, of slaves
imported since the 1s May l70S, was prohibited
and, The importation OF slaves, except by a " citizen
OF the United States removing into said Territory for
actual settlement and being Mt the time of such removal
bona fde owner OF such slaves" prohibited
When this section under discussion in the Senate
motion was made to strike out the last clause, and it
was negaved by vote of 10 to g. 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 Deawares of the 10 from slave
holding States
| The House Journal does not show any opposition TO
this section The vote the final passage of the bill
was GO yeas and I'll nays OF the latter, only lone third
OF the whole nnmber--were from slaveholding States.
The Territory of Orleans appears have remained SUBJ
lec to these restrlcons-at least all but the rst-un
1912, when erected into State, with the name OF
Louisiana. AT least can find nothing to the contrary
On the ed March, 1905, act further providing for the
government OF the Territory was passed. by which the
ordinance of 1857 applied it, except the sixth ar
second paragraph regulated the descent and distribution
OF estates But, by the eighth section OF the act the act
OF March 20, 1904, dividing the Territory of louisiana
which was limited in its operation to one year, and
to the end OF the next session OF Congress thereafter
was continued in full force until repealed excepting
restrictions the importation of slaves not repug
nant to that ac and they must have been continued in
operation state this fact because it has been supposed
and asserted that the act OF 1904 repealed the next
year; though Congress had passed it incon sderatey
and had thus early become convinced of the egality oil
the restrictions upon slavery which it contained But the
construction Of of 1905 obvious that the
| showing it. find none. On the contrary, find de-
cison of the supreme court of louisiana showing that
those restrictions continued in force will read
extract from it to the Senate
Formerly, while the act dividing Louisiana into two
territories in force this country slaves Introduced
nere IN conravention TO IT, were freed by operation OF law
out that merged the legislative provisions which
subsequently the subject oil