The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-07-18


Article commenting upon the action of Congress
upon the territorial measures, utters the follow
ing sentiment
The true plan, which ought to be adopted
would be the old Democratic one, for which we
have always contended-that Congress should
provide Governments for the territories, saying
nothing in them about slavery, but leaving to the
people Interested the regulation Of that matter for
themselveso
Sir, it may be that this was intended for irony
but if it was not, do not think l use too strong
language, when 1 characterize it as a gross at
tempt to practice upon the credulity Of its read
ers and that they may be enabled to form prop
er estimate Of the truth Of the statement, will
show them what the "trns plaa-ths old Democrat
lc plan for which we have always contended y
Is The first Congress that assembled after the
adoption of the Constitution, on the 18th of August,
1853, passed an act confirming the Ordinance of
1877, and giving to it full force and validity
The purposes Of this act clearly appear from the
preamble, which is in these words:
Whereas, In order that the Ordinance of the
United States in Congress assembled, for the
Government Of the territory northwest of the
Ohio may continue 10 hone uu force and ltsa, it is
required that certain provisions should be made
to adapt the same to the present Constitution of
the United States-Be it enacted" &c.
This act received the constitutional approval
of Washington Many of those who participated
in its enactment had been members Of the Con-
v~-''~- 49, S. g ---.'e-.'-,- = -A---'
f0Fe, may be supposed to have understood its true
intent and meaning.
= -. -. ~ .sIH :scz, "a ,Sst v,se rRssAd for
the organization of territorial Government for
Indiana and slarry expressly prohibited therein.
This act was approved by John Adams.
January lltb, 1905, the Northern part of lndi-
| ana cd int tha Tarr,torv Of MichiUan
and slavery prohibited. February Sd, 1909, the
Territory of Illinois was established, with the
like prohibition as TO Slau1y. These two latter
acts received the approval and signature Of Thorn
as Jefferson.
On the Goth of April 1886, Wisconsin was or
gained as Territory and slavery prohibited with
in its limits. This act was approved by General
Jackson
The Territory of Iowa was established by act
Of Congress Of the 10Th Of June, 1888, undefthe
Administration of Mr.. Van Buren,; and here also
was slaUery prohibited.
On the 14th of August 1S4S, the Territory Of
Oregon was organized, which contained the same
provision in the memorable and time-honored
words "there shall be neither slavery nor ipuoliu-
tary sercaude therein, except for the punishment of
cTinlsD
Here are a series of enactments commencing
with the Ordinance of 1887, which was confirmed
~ 80. --sSf 1859. under the Aumlnfstration or
Washington, down through the Administrations
of Adams, Jefferson, Jackson, Var Buysp pnd,
Polk to the year ls4s, when the last Territorial
Government was organized, covering period of
more than half century, in which this policy
Of restricting the spread Of slavery was steadily
pursued and enforced The consttutionslity of
these enactments was not controverted at the time
nor has it ever since been called in question until
the Southern test was made that "mnder no pOlI-
zeal necessity mhatsrer," would they support a man
in favor of the Ordinance.
Not content with providing that slavery should
never exist in any territory which was free from
it at the time of its organization, Congress has
from time to time regulated and restricted it in
those territories where it had actual existence.
By the 9TH section of the act organizing Ter
ritorial Government for Mississippi, passed in
1898 the importaiOn of slaves into said Territory
from any place without the United States was
prohibited under severe penalties. This was ten |
years before Congress had the power, under the
Constitution to prohibit the importation Of slaves
into the States.
BY the act of the 26th Of March, 1904 that |
part Of Louisiana south Of the Territory of Mis-
sissipi was organized into Territorial Govern |
ment, by the name of Orleans By this act, the
importation into said Territory of slaves from
abroad was prohibited, and also the importation
should have been brought into the country since
the lst of May, 1898, or who should thereafter
be brought into the United States IL further
provided that no slave should be brought into
said Territory, except by a citizen of the United
States who should remove there for actual settle
ment, and who should at the time be the bona fde
owner Of such slave thus directly interdicting
the domestic as well a..h- foreign slave trade in
this Territory o, Orleans This act was appro-
we'd by Jefers.n.
On the 9th Of March, 1870, an act was passed
+" to authorize the people Of Missouri to form
Constitution and State Government, and for the
admission Of such State into the Union on an
equal footing with the original States and 10 pro-
| hba slapny IN certain TerraoriesD
By the Sth section Of that act IL was provided
"that in all that territory coded by France othe
| United States. under the name Of Louisiana
which lies north of thirty-six degrees and thirty
minutes north latitude, not included within the
limits of the State contemplated by this act
slavery and Involuntary seruitnde, otherwise than
! in the punishment Of crimes whereof the party
shall have been duly convicted, shall be- and
the sameis hereby, forever prohibited"
This act, as also the Ordinance Of 1887, actually
abolished savery-a thing we do not now propose
to do. Slavery existed in parts of the Northwest
Territory, and in Louisiana the law of slavery at
/
entire territory from the Gulf Of Mexico to the
parallel of the forty-ninth degree of north lati
| tude and west to the Rocky Mountains The
Missouri Compromise was in harmony with the
settled policy of our Government. 1t restricted
and narrowed the limits Of slavery
Thus sir commencing with the celebrated Or
dnance of 'S7 down to the year lS4S, this Govern
ment has exercised full and exclusive jurisdiction
over the question of slapny in the Territories
And yet the people Of Michigan are TO be told that
" the old Democratic plan" is, "to say nothing
about slavery in the Territories" Sir, this spe-
cous pretext of leaving to the people of the Ter
rtories the regulation of that question, was never
adopted, Sovereignty only sppertains to organi-
zed States. II is that power which prescribes
laws, and to which it is required to yield obedi-
ence. This power no more resides In Territory,
| than il does in county or township in the State
Of Michigan; the people in the smallest town.
| ship might as we'll claim to make laws as the peo-
pie in a Territory They are high prercgatives,
which, in the case Of a township, belong to the
State; in the case of Territory, they belong to
the only sovereign, the United States. Nor, Mr.
Chairman, was the remark Of the distinguished
Senator from Michigan, in his speech, in which he
says, "all the Territorieshave been governed upon
this general principle of Congressional jurisdic-
ton, leaving to the people to be affected by them,
the passage of laws suited to their condition. "per
fectly accurate For eighteen years the people Of
the Territory Of Michigan had neither q voice in
the passage Of laws, nor in the selection of the
persons to administer them. For eight years out
of the sixteen, of which the Senator himself was
Governor, be, in conjunction with three judges,
all of them holding their places without the
constitutional authority, as he now sdmits,) ar
bitrarly imposed upon that people code Of laws,
which extended down to the private relations of
husband and wife parent and child, /" andin which
the people had not word to say Fortunately
for them, it was mild and bcnefcent code, suited
to their wants and condition. Fortunately was it
for them thatthis ne'U light, Of the power Of Con.
gress only to legsate in relation to land in the Ter