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:
1.-THE true plan, which ought 10 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
themselves
Sir, it may be that this was intended for irony
but if it was not, do not think use too strong
language, when | characterize it as q 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 "tYne piaa-the old Democrat
ic plan for which we have always contended "
is The first Congress that assembled after the
adoption Of the Constitution the 18th of August,
1889, passed an act confirming the Ordinance of
1887, 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 full force and ee, it is
required that certain provisions should be made
to adapt the same to the present Constitution Of
the United States-Be il enacted &c.
This act received the constitutional approval
of Washington Many of those who participated
in its enactment had been members Of the Con-
vention that framed the Constitution, and, there
intent and meaning.
On the 9TH of May, 1900, an act was passed for
the organization Of territorial Government for
Indiana, and SLAVERY tzprsssly prohibited therein.
This act was approved by John Adams.
January 18th, 1905 the Northern part of Indi-
81 IT. - a~ - hsca,,
aud SLAVERY prohibited. February Sd, 1909, the
Territory of Illinois was established, with the
like prohibition as to slauay. 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, under the
Administration of Mr.. Van Buren,; and here also
was SLAVERY prohibited.
On the 14th of August, 1s4s, the Territory of
Oregon was organized, which contained the same
provision in the memorable and tme-honored
words "there shall be neither slavery nor nUOl,n-
tary ser0tude therein, except for the punishment Of
cri1reo
Here are a series of enactments, commencing
with the Ordinance of 1887, which was confirmed
by Congress in 1889. under the Administration OF
washington, down through the Administrations
of Adams, Jefferson, Jackson, Van Buren,, and
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 constitutionality of
these enactments not controverted at the time,
nor has it since been called in question, until
fhoG ta.t IL tbot ,Jax. .,oJ.y
zeal necessity rh0terey," would they support 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 18th section of the act organizing Ter
ritorial Government for Mississippi, passed in
1898 the importation 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
Of any slave from within the United States who
should have been brought into the country since
the LIST Of May, 1898, who should thereafter
be brought into the United States. IL further
provided that no slave should be brought into
said Territory, except by citizen of the United
States, who should remove there for actual settle
ment, and who should ct the time be the bona tide
owner Of such slave thus directly interdicting
the domestic well as the foreign slave trade in
~ -. al IA l..
we'd by Jefferson. -------
On the 9th of March, 1920, an act was passed
" TO authorize the people Of Missouri to form q
Constitution and State Government, and for the
admission of such State into the Union on an
equal footing with the original States and TO pro-
hibn SLAVERY in certain Territories"
BY the Sth section of that act il was provided,
"tbat in all that territory coded by France TO the
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 serpitude 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 slavery-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
the time of the cession from France covered the
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
dinanoe of S7, down to the year s4S this Govern
ment has exercised full and exclusive jurisdiction
over the question Of SLAVERY 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-
cious pretext Of leaving to the people Of the Ter
ritories the regulation of that question, was never
adopted Sovereignty only appertains to Orsani-
zed States 1t is that power which prescrbes
laws, and to which it is required to yield obedi-
ence. This power no more resides in Territory,
than it does in a county or township in the State
Of Michigan; the people in tho smallest town
ship might as well claim to make laws, as the peo-
pie in a Territory They are high prerogatives,
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, MIR.
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 Tears the people of
the Territory Of Michigan had neither 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, he in conjunction with three judges,
(all of them holding their places without the
constitutional authority, as he now admits) ar
bitrarily 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 benefoent code, suited
to their wants and condition. Fortunately was it
for them thatthis nev hight, of the power of Con-
gress only to legslate ia relation 10 land in the Ter