Washington sentinel., 1854-03-05

desire, they pronounce the law IN its purity.
In Missouri this question was settled over
and over again. In her supreme court a case
came up, where the mother Of girl named
Aspasia was born at Kaskaskia, Illinois, pre-
sious to 1887. Aspasia was born in Illinois
subsequent to the ordinance OF 1887, and she
was afterwards sent to Missouri as slave, and
there brought suit for her freedom. The su.
preme court OF Missouri held that Aspasia was
free, though born of slave parents, aud free BY
virtue of the ordinance. The supreme court
Of Ohio says:
THE ordinance Of 1857 is as obligatory on the
State of Ohio as the Constitution itself and MORE
so.p N a
/" The legislature cannot authorize the erection
of dam across any OF the nayigable rivers men-
toned in the ordinance. that shall impede or oh.
Siruct the navigation thereof Hogg rs. ths Zases-
piM Canal Company, 5th Ohio Reports.
Why is it that in Ohio the ordinance Is moro
valid than the State constitution Simply be.
cause it is irrepealable but by the mutual con
sent Of this and the State government; but
their State constitution is subject to abroga
ion, repeal, or amendment by the people OF
Ohio themselves.
The ordinance of 1887 is still binding on the
people of Illinois. This was decided in the
case of Phoebe and others against jay, in
Breese's Illinois Reports. Mr.. Breese, the re
porter, was formerly member Of this body.
and senator from Illinois. The gentleman
from Illinois, (Mr. DoUGLAs.l with whom j
concur entirely as to the effect of this bill and
the proprietv of its passage did not, think. do
Justice to the question OF slavery in Illinois.
and how it came TO exist there. He tells you
that until verv recently. even after the adoption
of their constitution, and despite the ordinance
f 1887, slaves were held in Illinois. That is
true and you may hold slaves anywhere.
where the courts are not resorted to to decree
their freedom. Illinois made her constitutional
declaration that certain persons should remain
slaves for given period of time. with grad
nal system of emancipation for their descend
ants She brought it here for acceptance
The Congress of the United States accepted
that constitution. and thereby made the mu-
tual consent which, saw. is necessary to re-
peal the ordinance. The State gave her con-
sent by putting the provision in her constitu-
ton, and the general government gave her con-
sent by accepting that constitution; and this
is the way that slaves were held in Illinois
The senator from Illinois should have shown
that slavery existed there by mutual consent;
and by mutual consent it may exist anywhere.
The validity Of that ordinance is fully con-
firmed in Spooner Us. Mcconnell and others
(lst McLean's Reports and it is also affirmed
in the Louisiana Reports. The supreme court
of Louisiana 18th Martins Reports, new series
page 299) decided that "a negro born in the
Northwest Territory since the ordinance of
Congress of 1887, is free"
Now, sir, have gone both north and south;
have referred to the action of the continental
Congress, and the wise men who stood in it.
have referred to the first session of the first
Congress under the Constitution, with Wash
ington the President; when they passed and
approved bills, rendering their Judgment upon
the validity, force, that, under all administra-
tions. and almost without any effect of the ordi-
nance. / have shown you exceptlons-under
Jefferson, Madison, Monroe, jackson, Van Bu
rem, and Polk--such bills have been passed; /;
and have shown you, too, that, from the rea
son of the case, he who acquires must, and Of
right may, govern. When the United States
acquire; the United States, through their con-
stituted authorities may govern. Ihave shown
You the writings of all elementary writer's on
the Constitution Of the Union. have shown
you the decisions Of the courts, north andsouth,
national and State, uniformly, without doubt
and without hesitation, affirming the doctrine
for which contend. All these, however, the
senator from Michigan thinks are mistaken.
He says there is no such power; and in these
modern days his ipse dirit is to be set up
against the reason and the propriety Of the
doctrine, and the thousand enactments, and
.he hundred and one decisions that these laws
are valid and binding. / grant you, sir that
his opinion weighs, in my Judgment, not
feather in the scale against the authorities
which / have quoted. In my Judgment, the
power exists, and there is no question, and can
be no doubt about it.
Mr.. President, because made the speech in
the other House to which reference has been
made. and because the senator thought fit to
anmadvert upon it, have been charged, and
the senator's speech intimated, that had what
are called "freesoil procivities." Now, will
read from the same speech to show that there
is no color. scintilla, or shadow of truth in any
such allegation. ! stand upon the record, and
am willing to be judged by the record. This
speech, as it purports to be upon its face, is
speech upon the powers and duties of the gen
eral government to the Territories, and their
powers and their duties in return. In refer
ence to whether slavery ought or ought not to
60 there said:
He did not say, nor should he pretend to say.
whether slavery ought. matter of justice
right to go north or south whether it were
pestiferous question: as the senator from Mis-
souri Mr.. Benton was pleased TO say in the other
end The Capitol few days since; he would moi
expess any opinion upon that now, as his only
objec, in rising had been 10 show that the autbori
ty existed in Congress to make all laws for the
government Of these Territories, whether II were
for the protection or prohibition Of slaves there.
He held that the power Of Congress over the Ter
riories was ample penary, and complete; they
might prohibit their settlement; they might leave
them 10 he settled under such conditions as they
pleased they might create or abolish slavery there,
as in their Judgment il should be best for the inte-
rests Of the Territories and of the whole Union"
There is my declaration, and there is what
stated upon that occasion in l848, when this
pestiferous question: as Mr. BENTON called
it, was before the Congress Of the United
States. there avowed what the senator has
charged me with-that the power exists exclu-
svely in Congress; and in the close of that
speech reaflirmed the same doctrine, in these
words:
He affirmed that the slavery may be created
or abolished by this as by all other governments;
and that we might do ali our public works, and
man all our ships, by slaves II we saw ft II was