Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-03-15
SPEECH OF MIR. TOOMgs,
ON THE SLAVERY QUESTION.
OF GEORGIA,
HOUSE OF REPRESENTATIVES, Feb 81, 1850.

ICONCLUDED
Those who claim the power in Congress to exclude
slavery from the Territories, rely rather on a majority
than principle to support It, They AFFIRM with singular
ignorance Of or want Of fidelity to- the facts that Con-
gress has from the beginning of the Government uni
tormy claimed and repeatedly exercised the mower to
discourage slavery and to exclude it from she terrific
rles. My investigation Of the subject has satisfied my
own mind that neither position is sustained by single
precedent exclude, of course, legislation prohibiting
the African slavetrade and hold the ordinance of
1877 not to be within the principle asserted For the
first thirty years of history this general duty pro-
tec this great interest equally with any other uni
ment Of the Government The act of 1898 was passed
to secure the delivery up OF tugves from labor
ping to the nonsaveholding States; your navigation
laws authorized their transportation the high seas
The Government demanded and repeatedly received
compensation for the owners of slaves for injuries
tanned in these lawful voyages by the interference of TO-
reign Governments. 1t not only protected upon the
high seas but followed foreign lands where we had
been driven by the dangers OF the sea- and protected
slave property when thus cast within the ursdc
ton Of hostile municipal laws The slave property of
our people was protected against the ncursions Of In
dams by your military power and public treaties The
citizens OF Georgia have received hundreds Of thou
sands of dollars through your treaties for Indian depe
daons upon this species OF property. That clause OF
the treaty OF Client, which provided compensation for
property destroyed taken by the British Government
placed slavery precisely upon the ground with other
property; and New England man, (Mr Adams) ably
and faithfully maintained the rights OF the shareholder
i
ment was administered according to the constitution,
and according what is called ''the spirit OF
the age Those legislators looked Tor political powers
and public duties in the organic law which political
communities had laid down for their guidance and 60
vernment. Humanity mongers, atheistica socialists,
who would upurn tine moral social, and political ioun-
dations of society, who would substitute the folly oil men
for the wisdom of God, then justly considered
the enemies of the human race, and as deserving the
contempt if not the execration, OF all mankind
Until the year 1920, our Territorial legislation
marked by the general spirit Of fairness and JUS
tce. Notwithstanding the constant assertions TO the
contrary by gentlemen from the North up to hatperod
no act was ever passed by Congress maintaining
serting the primary constitutional power prevent any
citizen OF the United States owning slaves from
ing with them to Territories, and there receiving
legal protection Tor this property Until that time such
persons did into all the Territories owned
acquired BY the United States except the Northwest
Territory and were there adequately protected. The
action OF Congress in reference to the ordinance OF 1857
does not this principle. That ordinance
passed on the 18th OF July 1887 before the adoption of
present constitution. 1t purported its face to be
perpetual compact between the State of Virginia, the
people Of the Territory, and the then Government of The
United States and unaerable except by the consent OF
all the parties. When Congress met for the first time
under the new Government, the 4th of March, 1885,
it found the Government thus established by virtue Of
this ordinance in actual operation and the 7th of
August, l7S9, it passed law making the. offices OF
Governor and Secretary of the Territory conform to the
constitution OF the new Government 1t did nothing
1t made reference to the sixth and last
ton of the ordinance which inhibited slavery The d.
vision of that Territory provided for in the ord
nance at each DIVISION the whole of the ordinance
was assigned by Congress TO each of its parts. This is
the whole and substance OF the Free Soil claim to
legislative precedens Congress did not assert the right
to alter solemn compact entered into with the former
Government but gave its by its legislation to
the Governments established and provided for in the
compact. II the original compact void for want of
power in the old Government to make it, Mr.. Mad-
son supposed, Congress may not have been bound
accept tit certainly had no power to alter it.
From these facts and principles it is clear that the
legislation for the Northwest Territory does conflict
with the principle which assert, and does not afford
precedens Tor the hostile legislation of Congress against
slavery in the territories. That such was neither the
principle nor the policy upon which the othe 7 OF
August 1882 was based is further shown by the sub
sequent action OF the same Congress On the I'd of
April 1880 Congress- bya formal act accepted the ces-
sion made by North Carolina OF her western lands {now
the State OF Iennessee) with this clause in the deed
OF cession, hat no regulations made to be made
by Congress shall tend to emancpae slaves in the ce-
ded territory and the 26th Of May $780, passed
territorial bill Tor the government Of all the territory
claimed by the United States south OF the Ohio river
The description OF this territory included all the lands
coded by North Carolina, but it included great deal
more. Its boundaries were left Indefinite because there
conflicting claims to all the rest ofthe territory
But this act put the whole country claimed by the Uni
ted States south OF the Ohio under this pro-savery clause
| OF the North Carolina deed.
The whole action of the first Congress in relation tic
slavery the Territories of the United States seems tc
have been this 1t acquesced in government for the
Northwest Territory based upon preexisting anti
slavery ordnance created government for the country
ceded by North Carolina in conformity with the pro-
slavery clause in her deed and extended this pro-savey
clause TO all the rest of the territory claimed by the
United States South Of the Ohio river This legislation
vndicates the first Congress from all imputation of hay
ing established the precedent claimed by heirends Of
legislative exclusion. The next territorial act which
wss passed was that of the 18th OF April 1888 1t was
the first act OF territorial legislation which had to rest
solely upon original primary, constitutional power over
q 4bo,
tory the boundaries of line drawn due
East from the mouth of the Yazoo the Chata-
hoochee river then down that river to the thirty frs
degree of north latitude, then West that line to the
MISSISSIPPI river then up the Mississippi to the begin
ming. This territory was within the boundary of thu
United States as defined by the treaty of Paris, an.
was not within the boundary OF any OF the States
| The charter of Georgia limited her boundary on tn
south to the Aama ha river In 1863, after the surren
der of her charter, her limits extended by tn
Grown to the St Marys river and west the thirty
first degree OF north latitude to the Mississippi In 1864
on the recommendation OF the Board OF Trade he
boundary was again altered and that portion of terrific
ny within the boundaries which have described wa
annexed to West Florida and thus it stood al the Re
voution and the treaty Of peace Therefore the Uni
ted States claimed it common property and in l79
passed the act under review for its governments
In that act she neither claimed nor exered any power tt
prohibit slavery in it and the question came directI,
before Congress The ordinance Of 1887 in terms wa,
applied to this territory, expressly Excepting and ex
GLIDING the last article of the ordinance which is the
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 be
grant, and the Government complied with her stpua.
| tons.
In 1903 the United States acquired Louisiana from
France by purchase. There is no special reference to
slavery in the treaty; it was protected only under the
general term OF property This acquisition was soon
after the treaty divided into territones-the Orleans
and Louisiana Temtores-oyer both of which 60
vernments were established. The law of slavery Oh
tanned in the whole country the time we acquired il
Congress prohibited the foreign and domestic slave trade
in these territories, but gave the protection of its laws
TO slave owners emigratng thitIer with their slaves
Upon the admission OF Louisiana into the Union new
government established by Congress over the rest
Of the country under the OF the Missouri Terrific
ry. This act also attempted exclusion Shareholders
emigrated to the country with their slaves and were
protected by their Government In 1919 Florida was
acquired by purchases its laws recognised and protect
ed slavery at the time of the acquisition The United
States extended the same recognition and protection.
have thus briefly reviewd the whole Territorial
legislation OF Congress from the beginning ofthe Coy
ern ment until 1920, and it susamss my proposition
that within that DeriOd there No