The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-21

10 prohibit slavery not only IN The Territories whie hey
are Territories, but in the States TO be formed therein
while they States in language clear and unequlvo-
ca-not susceptible OF any doubt or qualitcaton--lan.
guage which quoted now every day Tor ne purpose q
forever abolished in these Territories. The language 49,
/" shall be- and is hereby, foreuer prohibited" SO lar
then, that restriction applies 10 these future States,
is clearly and maniiestly anconstutonalan assertion
OF unconstitutional power. IL is now coming under re-
vision am called upon 10 pass upon the question
whether it shall remain the statute book as valid
law; and under The obligation upon 10 support the
constitution OF the United States, ! must give my vote
against T.
Congress, and OF leaving the subject OF their domestic
relations with the people, TO be disposed OF by them
through their own local legislatures beng clearly marKea
out the constitutional policy OF the federal govern
nent in accordance with Ihe lntenton oil the trainers OF
the constitutions and Of the people who adopted IT, appl.
cable 10 the people OF the States and TO the people oil
the Territories when they become States, becomes a
question whether Congress- in conavention o this gen
eIa constitutional PRINCIPE and policy oash. to step N
and pass law by which the people OF the new States
shall be deprived OF the right OF sci government IN this
particular or forever controlled in the exercise OF It,
Such, sir. not the practice OF the government for
the first thirty years OF its existence nor until one gene
ration hat which adopted the consl,ution) had passed
away from the stage oil action In every instance OF the
organization of Territories and the admission OF new
States this principle OF non intervention was adopted,
and their condition in regard TO the domestic institution
oil slavery was left unchanged When Vermont was
admitted into the Union, ia 1871, having been formed
from part Of the territory OF New York, she was admit
ted as she was-a non slaveholding State When Ohio,
Indiana, and Illinois, In the years 1902 1916, and 1918,
respectively were admitted, they admitted as non
slaveholdng States, retaining the character which had
been impressed upon them before the constitution by
the ordinance of the Continental Congress On the other
hand sir when Kentucky, in 1892, was admitted, having
been formed from part OF the territory OF virginia she
came in by the consent of Congress with her former
character untouched-that is, savehoding State.
When Tennessee under territorial government, and
when she was admitted into the Union, IN 1885, having
been formed from territory that ceded by North Car
olra she retained her former character as slavehod-
ing Territory and slaveholding State. When Louisi-
ana Alabama. and Mississippi in lSl2 1877, and 1872
respectively admitted into the Union, they were
admitted savehoding Sales, retaining their former
character which they had still continued TO possess un-
der the territorial governments established over them by
Congress
Il Thus, in every instance OF admitting Sate and in
every instance of organizing Territory, from The found
alton OF the government to the date OF the Missouri re-
strcoD Congress- acting under the constitution, pursued
this constitutional policy OF absolute non-inteIerence
with its character When. therefore, the honorable SEN
day, advanced proposition which be declared to be TAB
soluely indsputable that the original policy OF
the country to exclude slavery from all national terrific
ry'-Q repeat his language from memory II he meant
TO be understood that that proposition applied the conn-
Try under the constitution which we have all sworn TO
support, beg leave say that he entirely mistaken
in his proposition is contrary 10 every fact OF history
that be found in the annals OF Congress touching the
organization OF Territory or the admission OF State,
from the date OF she constitution to the date OF the Mis-.
sour restriction know OF no greater error that any one
can fall INTO than to say that from the date OF the con-
slituton down 10 the Missouri restriction, the UNIFORM
and settled policy OF the government was not tbat of non
intervention bui Intervention with The domestic nsiu
lion OF slavery the States and Territories, either TO IN
, troauce or 80 suppress IT,
Mr CHASE. VIII the honorable senator allow a
Mr.. ToUCEY Certainly.
Mr.. CHASE The statement which ! made, and
which think The facts OF history will bear out, was,
that the original policy OF the government was the exclu-
sion OF slavery from all the territory OF the United States
to show what conceived 10 be departures IRON
that policy the acceptance of the cession from North
Carolina, IN 1870, wib stipulation that the Prohibition
OF the ordinance OF 1857 should not apply TO IT, and IN
various other particulars do not wish TO go into the
matter again but this appropriate occasion to call
the attention OF the honorable senator from Conneciieut
TO OF fact into which he has fallen himself and
which, have doubi, he will be very glad TO correct
and Is important bearing upon my own argument
He states thai The time OF the formation OF the consii
tut on, there North western Territory and South
, western Territory the Northwestern Territory covered
BY the prohibition OF the ordinance OF 1857, and The
South hwesefn Territory acquired from South Carolina.
The facts IN regard 10 the latter proposition are these
In April 1887 Georgia and South Carolina entered toto
a contract by which II stipulated that the Fugaloo
river should be The western boundary OF South Carolina
provided at river extended north 10 The northern lim
of the State il did not, then South Carolina was &c
have boundary running westward from The source ol
that river 10 The Mississippi In iact Il did extend nortt
10 the norh line OF the ate and consequently there was
no line running westward. But the State OF South Caro-
na in this agreement, expressly renonneed all claim
any territory westward o that line She therefore had
no territory west OF the line OF the present limits OF ms
! State; and when IN August l7s7 few months later
she cedGd 10 The United States her clam 10 territory ives
! oI that line she ceded precisely what she had-nothing
and the United States acquired precisely what she bad
nothing aud the Southwestern Territory exists only ~ tai
Imagination of The honorable senator from Connechcut
There such Territory, and, OF course, my propo
siton strictly and historically correct that the pro
hibiton oil ibe ordinance OF l7S7 did cover all The tern
Tory Of The United Stales at The time OF the adoption
The constitution
c MIR TOUCEY will ask the honorable senator from
Ohio II that territory did not then belong 10 the United
d States before The adoption Of The constitution
a Mt CHASE. What territoryl
q Mr. T0UCEY. The Southwestern.
{ Me CHASE There none at that time
Mr. CASS What called the South western Teru
ory ceded BY North Carolina, after the adoption
the constitution and formed oil the State oil Tennessee
Mr.. CHASE AS the senator from Michigan says,
csded IN 1890 by North Carolina cesson was alst
y made by Georgia in 1902
4 Mr.. CASS referred to what was called The territory
J southwest Of the nver Ohio
e Mr.. TOUCEY do not refer to that, bot ssde Il
that tract OF country from which formed the State
Of Alabama and Mlssssippi and alluded to the first dat
conveyed il to the United States
Mr. CHASE There s the document.
4 Mr. TOUCEY. | know It. | have referred to it, an,
i gwen the date of Il. 1t of The munments OF title
and the frs conveying il 10 the United States Geor
il ga conveyed II Afterwards There conflict OF claim
I. Mr. CHASE. Not al all
a. Mr. T0UCEY. | ask the honorable senator II b.
means the remark he made apply TO The policy OF th
government after the formation OF the constitution be
: fore
: Mr.. CHASE Certainly. will answer the senate
with pleasure. said that the original established polio,
OF The country was that Of excluding slavery from al