The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-08


lima, but it included great deal more. Its bound
aries left indefinite, because there were con
hcting claims 10 all the rest Of the territory But
this act put the whole country claimed by the
United States south Of the Ohio under this pro-sis-
very clause of the North Carolina deed. The whole
action OF the first Congress in relation TO slavery IN
the Territories of the United States seems 10 have
been this Ii acquiesced IN a government Tor the
Northwest Territory based upon pre-existing
anti slavery ordinance, created government for
the country coded by North Carolina IN conform
ity with the pro slavery clause IN her deed, and
extended this pro-slavery clause to all the rest
of the territory claimed by the United States
south of the Ohio river, This legislation vndicates
The fret Congress from all imputation of having
established the precedent claimed by the friends
Of Legislative exclusion. The next territorial act
which passed was that of the 7th of April,
l79s. II was the first act of territorial legislation
which had 10 rest solely upon original, primary
constitutional power over the seublect. 1t estab
lished government over the territory included
within the boundaries OF a line drawn due east
from the mouth OF the yazoo river TO the Chatta-
hoochee river, then down that river to the thirty
first degree of north latitude, then west ON that
line to the Mississippi river then up the Mississippi
" the beginning. This territory was within the
boundary of the United States as defined by the
treaty of Paris, and not within the boundary
ofany of the States. The charter of Georgia lin
tied her boundary on the south TO the Altamala
river In 1853 after the surrender OF her charter,
her limits were extended by the crown 10 the ST.
Mary's river and the thirty first degree Of
north latitude te the Mississippi. In 1854, on the
recommendation Of the board of trade, her boun-
Diary was again altered, and that portion OF terri
tory within the boundaries which have described
annexed to West Florida, and thus it stood at
the revolution and the treaty of peace. Therefore
the United States claimed il common property,
and, in 1885, passed the act now under review for
its government. In that act she neither claimed
exerted any power To prohibit slavery in it.
And the question came directly before Congress;
the ordinance OF 1887 in terms was applied to this
territory, expressly excepting and excluding the
last article of the ordinance" which is the article
excluding slavery from the Northwest Territory
This Is precedent directly in point and is against
the exercise OF the power now claimed. In 1902,
Georgia coded her western lands, she protected
slavery in her grant, and the Government com
piled with her stipulations
In 1903 the United States acquired louisiana
from France by purchase. There is no special
reference TO slavery in the treaty; it protected
only under the general term OF property. This
acquisition was soon after the treaty divided into
two Territories-the Orleans and the Louisiana
Territories both of which governments were
established The law of slavery obtained in the
whole country at the time we acquired it. Con-
gress prohibited the foreign and domestic slave
trade in these Territories but gave the protection
Of its laws to slave owners emigrating thther with
their slaves. Upon the admission of Louisiana in
10 the Union, a new government established
by Congress the rest of the country under the
name of the Missouri territory. This act also at
tempted no exclusion; shareholders emigrated TO
the country with their slaves, and were protected
by their government. In 1919 Florida was ac-
CURED by purchase; its laws recognised and pro-
iected slavery at the time of the acquisition. The
United States extended the same recognition and
protection
I have thus briefly reviewed the whole terrific
rial legislation of Congress from the beginning
oil the Government until 1920, and il sustains
my proposition, that within that period there was
no precedent where Congress had exercised, or at
tempted TO exercise, any primary constitutional
power to prevent shareholders from emigrating
with their slave property TO any portion of the
public lands; and that it had extended the protec
ton OF its laws and its arms over such persons, in
all cases except in the Northwest Territory where
1t was fettered and restrained by an organic law
established before the formation of our present
Constitution. In 1920 this power Of Congress over
the subject OF slavery in the Territories was for the
hrst time, distinctly and broadly asserted. II was
sternly resisted by the South; the struggle con-
yulsed the republc 1t resulted in what is called o
compromise, by which Missouri was finally ad
United into the Union without any restriction
against slavery in her constitution-and slavery
was prohibited in all that part of the territory ac-
CURED from France, not within the State of Mis-
SCUM, lying above 36o 30 north latitude. The
South made this concession 10 union and harmony.
IL scarcely remains To be whether this shall be
an exception to the general rule, that concessions
to unjust demands fruitful of nothing but future
aggression. We are now daily threatened with
every form of determination il we do not tarnely
acquiesce IN whatever Legislation the majority may
choose to impose upon us in relation 10 this sub
lect. The gentleman from Massachusetts Mr..
MASs) threatens us with three millions of hostages
(he means substitutes) in the persons of our slaves
70 enforce Free-Soil insoencc The gentleman
from Illinois (Mr BrssELL) threatens with twice
thrice, yea, four times nine regiments ready &c
immediate themselves in this cause under pretext oil
supporting the Union These are brave words
even for militia colonel; Illinois can march down
the regiments, she has sufficient numbers-how
many OF them she will march back again will de-
No NM a..
threats he who counts the danger Of defending his
own honor is already degraded the people who
count the cost Of maintaining their political rights
are ready for slavery. The sentiment Of every
true man at the South will be, We took the Union
and the Constitution together-we will have both
or We will have neither. This cry of the Union is
the masked battery from behind which the Consti-
tuition and the rights of the South be assailed
Let the South mark the man who is for the Union
at every hazard and TO the last extremity; when
the day OF her peril comes he will be the imitator Of
that historical character to whom the gentleman
from Pennsylvania (Mr. McLASAHAs) referred,
1.-THE base Judean who, for thirty pieces Of silver,
threw away pearl richer than all his tribe"
The South acquiesced, sir, in this compromise.
Texas being the next acquisition after its adoption
II was applied TO that country. Our claims 70
Oregon being settled, and all Of that country lying
above the compromise line, the North applied the
prohibition Of slavery 10 the whole Of that country
and the South acquiesced in H. Mr. Polk placed
his approval Of the bin upon that express ground
Inc Nortn, AFTER applying the compromise line 10
Texas, now seeks 70 get rid Of il by restricting the
Just territorial rights and limits Of Texas In this
we think we have just cause Of complaint; but the
gentleman from Ohio (Mr. CAnPsELL) manufac-
lures out Of this transaction two Of the main
in his indictment against the South That gentle
Aan oongratulates himself upon the fact that Ohio
has schoolhouses and schoolmastersa at home. From
the singulary inaccurate account which he gave Of
that very recent and marked event in our public
history, could not resist the conclusion that Ohio
needed her schoolmasters. That gentleman charges
the annexation Of Texas upon the South, and
through that policy, he says, northern labor was
stricken down by the overthrow Of the tariff Of
1892 by the votes Of the Senators from Texas
n Mr.. CAMPBELL here stated that he said il was
southern policy.
Mr.. TOOMBS continued. Neither allegation
is supported by the facts When Mr.. Tyler at
tempted 70 annex Texas by treaty, il was strongly
urged upon the South sectional grounds by Dis.
tinguished gentlemen connected with his govern.
ment. On its presentation TO the Senate il was de-
feated by large majority, embracing both north.
ern and southern men. Il then taken up by
the Democratic party as a party measure; IL was
declared by them TO be a great American question.
Mr.. Van Buren, overthrown al Baltimore for
opposing It Mr.. Polk nominated for the Pres.
idency mainly for his support Of il. Upon every
Democratic flag throughout the Republic North,
IL