The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-06-12
POWER OF CONGRESS OVER TERRITORIES.
Extract from a Speech of
HON. DAVID RICHIE,
Of PennsyIvanla,
IN THE HOUSE OF REPRESENTATIVES,
APRIL "a, 1856.

OF pennsylvania,
IN THE HOUSE OF REPRESENTATIVES
APRIL "a, 1856.
We have seen, then that the only limit
atoms of the power of Congress over the
subject Of Slavery in the Territories are
contained in the deeds of Georgia an(
North Carolina, with reference to the Ter
ritory coded by those two States; ano
that, with these exceptions, the States from
whom the Territory was derived, whether
by deed or by treaty, coded to the United
States all the right, title, and power, both
of domain and sovereignty, which they
possessed. They did this in the broadesi
and most absolute terms known to human
language. That this was then, and has
always since been, the understanding oil
the parties, will now be shown from the
uniform practice and decisions of the diff
ferent departments Of the Government oil
the United States, and the acquiescence
and concurrence Of all the parties con.
cerned. The first act of Congress with
reference to the Territories is dated 9TH
August, 1889, and was passed at the first
session Of the First Congress under the
present Constitution of the United States.
There were many gentlemen in that Con-
gress who had been members of the Con-
vention which formed the Constitution
and Washington, who had been President
of the Convention, was President of the
United States. The act is entitled, can
act to provide for the government of the
Territory Northwest of the River Ohio.
The preamble to the act is in the follow
ing words:
Whereas, in order that the Ordinance
OF the United States in Congress as
sembled, for the government of the Ter
ritory Northwest of the River Ohio may
continue to have full effect, it is requisite
that certain provisions should be made,
so as to adapt the same to the present
Constitution of the United States be it
enacted" &c.
In this act no allusion is made to the
sixth article of the Ordinance of 1887,
prohibiting Slavery, nor was it supposed
necessary to alter that, in order to " adapt
the Ordinance to the present Constitution
of the United States" The act here
spoken of was several times before the
House of Representatives, and was passed
by that body on the 2lst day of July, 1889,
and sent TO the Senate for concurrence
1t was considered and amended in the
Senate, and then passed by it on the
4th day Of August, 1889. On 9th Au-
gust, 1889, the amendments of the Sem
ate were agreed to by the House, and
the act was approved by the President
on 7th August. 1889. During all the time
this bill was before Congress, no man in
either House even limited doubt as to
the power of Congress to establish Terri
torial Governments, or to exclude Slavery
from the Territories. On the contrary,
they provided that the Ordinance of 1887,
so far as Slavery was concerned, should
continue to have full effect. They evil
IDENTITY thought they had the power, did
actually exercise it without scruple or
question, and would, no doubt, have sup
posed the use of any more words to con-
fer it than those which are in the Con-
not merely superfuous but abb
surd.
At the second session of the same Con-
gress, February II and IL, $780, memo
rials, with reference to Slavery, were pre-
sented from the Quakers, and from the
Abolition Society of Pennsylvania. Some
gentlemen objected to a reference Of them
to committee, on the ground that Con-
gress had no power over the subject. In
answer to this, Mr.. Madison said that
q" regulations might be made in relation ts
the introduction of slaves into the West
ern Territory" In a long and warm de-
bate, this power was not called in ques-
ton by any one. (Annals of Congress,
vol. 2, p. 1204.)
The act of Goth May, 1890, Cat same
session. provided for the government of
the Territory of the United States South of
the River Ohio. 1t merely enacted that
the Government should be similar to that
exercised in the Territory Northwest of
the Ohio, except so far as otherwise
provided in the act to accept a cession of
the claims Of the State of North Carolina
to certain district of Western territory.
North Carolina, as above stated, had stip-
ula,ed that Slavery should be not prohibit
ed.
An act of Congress of 7th April, 1898,
establishes Government for the Missis-
sippi Territory, and applies to it the Ordi-
nance of 1887, except the clause prohibit
ing Slavery. 1t also enacts that ono
slaves shall be brought into the Terrific
6 ry from any place without the limits of
the United States, and that any person
bringing, or aiding to bring, slave into
the Territory from any place outside of the
limits of the United States, shall forfeit
and pay for every slave so brought the
sum of three hundred dollars, one moi
ETY. for the use of the United States, and
the other moiety for the use of the per-
son who shall sue for the same and
every slave SO brought shall thereupon
become entitled to and receive his or her
freedom" q Statutes at Large, $50.
Approved by Adams.)
The act of the 26th March, 1904, erect
ing Louisiana into two Territories, (sec.
10, 2 Statutes at Large, 1851 has the same
provision as the one just cited with regard
to the Introduction of slaves from pieces
without the limits of the United States.
1t is also further enacted, that no slaves
shall be carried into the Territory from
any place within the United States, which
were imported into the United States after
the first day of May, 1898, or which should
be imported into the United States after
the date OF the act, under like penalties
as those above stated, with regard to Mis-
sissippi. In addition to all this, the act
declares that "no slave or slaves shall,
directly or indirectly, be introduced into
said Territory, except by citizen of the
United States removing into said Terri
tory for actual settlement, and being at
the time of such removal bona Gds own
er of such slave or slaves; and every
slave imported or brought into the said