The daily union., 1854-03-01

wrote with calm view of the constitution and the pow
ers OF The government Ii be said that these are north
ssn men lei me Ieer TO The authority Of Chief Justice
MARSHALL and other southern who have affirmed the
same doctrine In LIST Peters Reports, in the great
9i me cherokee nation u.s. the State OF Georgia, Chief
Justice Marshall holds
Whichever may be the whence the power is de-
rived, the possession OF Il is nnquestionable."
The learned judge then speaking of the power of
me government over the Territories Whether il
derived rom the Powsf given 40 make all needful rules
ana regulations TOR The disposition OF the Territory, and
other property Of the United States from The clause
giving perpetual validity to the compacs and obligations
OF the government or from the power, from the
treaty making power, the inevitable result that be
who has power 10 acquire must necessarily have power
10 govern. Chief Justice Marshall in the case,
says:
"The rules and regulations respecting the territory
the United States necessarily include complete urisdic
ton"
There is no difference to- thus whether you go North
or South. The courts from Louisiana 10 Maine have
decided in favor OF the validity OF the ordinance of 1857
What was the main feature OF that ordinance Why,
thaa black person born there, or living there after its
adoption, was necessarily free The courts OF all the
western States have decided Kentucky has decided
over and over again. and so has Missouri and even
has Louisiana. where they do not lend very willing
ear believe to the cry OF negro freedom, and where II
is presumed that all negroes slaves Yet where judges
are sworn to administer the law, without regard popu
lar prejudice or popular desire, they pronounce the law
in lis purity.
In Missouri this question settled over and over
again. In her supreme court came up where the
mother OF girl named Aspasia was borp al Kaskaskia,
Illinois, previous TO 1887 Aspasa born in Illinois
subsequent to the ordinance OF l7S7 and she was after
wards sent 10 Missouri slave and there brought suit
that Aspasa free, though born OF slave parents and
Tree BY virtue OF the ordinance The supreme court OF
Ohio says:
The ordinance Of 1877 is obligatory the State
Ohio as the constitution ITSELF and more so"
The legislature cannot authorize the erection Of dam
across any Of the navigabe rivers mentioned n The ord
of"-iogg Us. the Zanesville Canal Company, 9th Ohio
Reports.
Why is il that in Ohio the ordinance is more valid than
the State constitution? Simply because il is iTrepealable
but by the mutual consent OF this aud The State govern
men but their Stale constitution is subject abroga-
ton, repeal amendment by the people of Ohio them
selves.
The ordinance OF 17S7 is still binding the people Of
Illinois, This was decided in The of Phoebe and
others against Jay in Breese's Illinois Reports Mr.
Breese, The reporter. was formerlya member of this
body, and senator from Illinois, The gentleman from
Illinois Mr. DouGLAsl-with whom | concur entirely
the effect of this bill, and the propre,y of its pas
sage-did not. think, do justice to the question OF
slavery in Illinois, and how it TO exist there He
tells you that until very recently, after the adoption
OF their constitution and despite the ordinance OF l7S7
slaves held in Illinois That is true and you may
bold slaves anywhere where the are no, resored
10 to decree Their freedom. Illinois made her consu
uonal declaration that certain persons should remain
slaves for given period OF time. with gradual sys
TEN OF emancipation Tor their desce ndants She brought
Il here for acceptance The Congress OF the United
mutual consent which, say is necessary repeal the
ordinance The State gave her consent by putting the
provision in her constitution, and The general govern.
ment gave her consent BY accepting that constitution and
this IS the way that slaves were held IN Illinois The
senator from Illinois should have shown that slavery
ised there by mutual consent; and BY mutual consent il
may exis, anywhere.
The validity OF iba, ordinance is fully confirmed in
Spooner u Mcconnell and others, list McLean's Re
pors,) and il is also affirmed in the Louisiana reports
The supreme court oil Louisiana (Slh Martins Reports,
SERIES page 299) decided that negro born in the
Northwest Territory since the ordinance OF Congress of
l7S7, Is Tree.
Now, SIR have gone both North and South | have
referred to the action OF the Continental Congress, and
the wise men who sioodn H. ! bave referred TO the
first OF the first Congress under The constitution,
with Washington the President, when they passed and
approved bills, rendering their judgmen, upon the valid
iiy, force, and effect OF the ordinance have shown
You that, under all administrations, almost without any
sxcepton-under Jefferson, Madison, Monroe, Jackson,
Van Buren, and Polksuch bills have been passed and
have shown you too that, from The of the
he who acquires must and OF right may, govern When
the United States acquire, the United States, through
their constituted authorities, may govern. have shown
you the writings OF all elementary writer's on the con.
s,unon OF the Unioa have shown you the decisions
OF the courts, North and Souh national and State, un
ormly without doubt and withou, hesitation, affirming
the doctrine for which contend. All these, however,
the senator from Michigan thinks are mistaken. He
says there such power; and IN these modern days
his pSe dirt IL 10 be set up against the reason and the
propely OF the doctrine and the thousand enactments,
The hundred. and .one decisions that these laws
valid and binding. ! grant you sir that his opinion
weighs 10 my Judgment feather in the scale againsi
the authorities which have quoted In my judgment,
the power exists and there is question, and be
doubt about IT,
Mr. President because made the speech in the other
House. 10 which reference has been made, and because
the senator thought fit to aDmadven upon It, have
been charged, and the senator's speech iBtmaed that
bad what are called "free-soil procviiies" Now,
will read from the speech to show that there
color scinta, shadow OF truth 10 any such allegation
stand upon the record and willing 10 be judged by
the record This speech, IL purports to be upon ts
a.nII Inttn ont
ersl government 10 the Territories, and their powers and
their duties in In reference 10 whether slavery
ought or ought not 10 go there, said
"Ie did no, say nor should he pretend 10 say, whether
slavery ought matter OF justice right 70 North or
South; whethet siiicrous question: the
enaor from Missouri ME Benonl was pleased say In
the other end Of the Capitol few days since he would
In rising had been chow that the authority existed in
Congress make all laws luf the OF these Ter
rtoTes, whether IL iJ The protection prohibition Of
slaves there He held that the power OF Congress
prohibit their settlement they might leave them 70 be set
lied under such cond ions they pleased they might
abosh slavery there IN their Judgment IL
be best for the interests OF the Territories and Of tho
whole Union
There is my declaration, and there is what | slated
upon that occasion in SiS when this "pestfeTous Ques
on~ as Mir Benton called it, before the Congress
OF the United States there avowed wha, the senator
has charged me withhat The power exists exclusively
In Congress- and in the close Of that speech earmed
the ssme doctrine in these words;
Gle affirmed that slavery may be created abolished
by this by all other govenments and that might do
al public works ard all shiPsbY slaves, "
it, II was only question q expedency, We have
the conquerurs rights and powers, hn may not be the
n OF tVie q