The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-15


end endangers the general welfare by sowing hatreds and
diseords among people and puts in imminent peril The
liberties OF the white race by whom and for whom the
consultation was made, in vain effort 10 bring them
down 10 an equality with the African raise the Alr-
can TO equality with them Providence has ordered il
otherwise and vain will he the efforts Of man TO resist this
decree This effort is wicked 1t is foolish and unau-
thorized IL does not benefit but INJURIES the black race
pennng them up in the old States will necessarily make
them wretched and miserable but win strike
feier ifom their limbs IL Is simple wrong TO the white
race but II rs the refinement of cruelty 10 the blacks Ex
pansion is as necessary to the increased comforts OF the
slave as to the prosperity OF the master.
/ The constitutional construction of this point by the
south works no wrong 10 any portion OF the republic TO
no sound rules OF construction and promotes the declared
purposes OF the constitution. We simply propose that the
common territories be left open the enjoyment
OF all the people OF the United States that they shall be
protected IN their persons and property by the federal gov
ernment until its authority superseded by State con-
stnon and then propose that the character OF the do
mestc institutions of the State be determined by the
frecmen thereof This is justice this is constitutional
| equality.
But those who claim the power In behalf Of Congress
exclude slavery from the territories rely rather
precedent and authority than upon principle support the
pretenson In utter disregard Of the facts they boldly
proclaim that Congress has from the beginning of the gov
ernmen uniformly asserted and repeatedly exercised this
power This assertion will proceed to show s not sup
ported by single precedent up 1920 Before that time
the general duty protect this great interest equally with
every other both in the territories and elsewhere uni
versa admitted and fairy performed by every depart
to the delivery up of ugtyes from labor escaping
to the nonsav veholding States navigation laws
thorzed their transportation the high the
men demanded and frequently received compensation for
OF slaves for injuries sustained in these lawful
ages by the interference of foreign governments II not
only protected this property the high but followed
foreign lands where it had been driven by the dangers
of the and protected it when cast even within the u-
risdiction of hostile laws 1t protected against the
invasons OF Indians by your military power and public
treaties In your statute book be found
treaties from the beginning of the government to this
time compelling the Indian tribes to for slave property
captured destroyed by them in peace and
laws regulating intercourse with the Indian tribes
borders made permanent provision for its protection The
treaty of Ghen provides for compensation by the British
for the loss OF slaves precisely upon the same
footing rs for all other property, and New England man
MR. John O. Adams) ably, faithfully and successfully
maintained the sayeholders rights under il at the Court
of St James Until the year 1920 terrto toral legsla
on marked by the general spirit OF fairness and
equity Up to that period act passed by Congress
asserting the primary constitutional power TO prevent
any citizen of the United States owning slaves from
moving with them into territories and there re-
ceiyng legal protection for his property and until that
time such persons did into all the territories
owned acquired by the United States, Except the
northwest terory aud there adequately protected
This fact alone lisa complete retaton of the claim of early
preeedents The action of Congress in reference TO the
ordinance of 1881 does position. That
ordinance adopted the 18th day of july 1884, be-
fore the adoption of the constitution II purported on its
face 10 be perpetual compact between the State OF Vir
ginia the people of that territory and the then govern
ment of the United States II unaeble except by the
consent OF all the parties when Congress met for the first
time under the government the 4h day OF March
1889 it found the government established by virtue Of this
ordinance in actual operation and the lh OF August
I7s9 il PASSED making the offices Of governor and
secretary of the Territory conform the federal consttu
ton. IL did nothing more; IL made no reference to, II
took action upon the 9th and last section OF the ord
nance which prohibited slavery The division Of that ter
rtoy provided for in the ordinance at each division
the whole of the ordinance assigned to each OF Its
parts This Is the whole and substance OF the freeso
claim legislative precedents Congress did not
eXp q
former government the old confederation but gave its
the government already established and provided
for in the compact II the original compact was void for
want of power in the old government to make il as Mr.
Madison supposed Congress may not baye been bound to
accept III it certainly had power to alter IT, From these
facts il clear that this legislation for the northwest
territory does not conflict with the principle assert
and does not furnish precedent for hostile legislation
by Congress against slavery in the Territories That
such neither the principle nor the policy upon
which this act OF Congress In 1889 was based ts
further shown by the subsequent action OF the same
Congress upon the same subject On the I'd OF April
lT90 Congress by formal act accepted the cesson by
North Carolina OF her western lands (now the State OF
Tennessee with this clause in the deed of cesson shat
no regulations made be made by Congress- shall
tend to emancpae slaves in the ceded erritory and
the 26th May $780, passed territorial bill for the govern
ment OF all the territory claimed by the United States
south of the Ohio river The description of this territory
included all the lands ceded by North Carolina and il in
cluded great deal It's boundaries left inde
mite because there conflicting claims 10 all the rest of
the territory But this act put the whole country south Of
the Ohio claimed by the federal government under this
prosavery clause OF the North Carolina deed The whole
action of the First Congress In relation to slavery In the
Territories simply this itacquiesced in government
for the northwest territory based upon preexisng an
tislavery ordinance established government for the
country ceded by North Carolina in conformity with
the proslavery clause in her deed OF cession and
tended this prosavery clause TO all the rest of the ter
ritory claimed by the United States This legislation
vudicates the First Congress from all mputaton Of
having established the precedent claimed by the adj
vocates Of legislative exclusion On the 9TH OF April
1893 (during the administration OF President John Ad
of territorial legislation resting solely upon primary orig
inal uniettered constitutional power the subject IL
established n government the territory included
within the boundaries Of line drawn due from the
mouth of the Yazoo river the Chaahoochee river thence
down that river the thryrs degree of north latitude
thence that line 10 the Mississippi then up that
river TO the beginning This territory within the
boundary Of the United States defined by the treaty OF
Paris and held TO be within tho boundary Of any
Of the States The controversy out of this scte Of
facts The charter of Georgia limited her boundary IN The
South by the Aamaha river In 1893 (ner the surren
der of her charter her limits extended on the south
by the Crown Of Great Britain to the 81 Marys river and
thence on the thrtyrst parallel Of latitude to the Miss
spp river In 1TG4 IL claimed that, on the recon-
altered aud portion of the territory lying within the
| boundaries I have described was annexed TO west
Florida and that thus II stood at the revolution and he
treaty of peace Therefore the United States claimed
IL as common property and in 1898 passed the act now
under review for its government In thai act congress
neither claimed exerciEed any power 10 pfohiei'
slavery The question directly before 1.-THE ordi-
nance Of 1887 in terms excluding the antslayey clause
was applied this territory this s precedent directly Ia
point and Is directly against the exercise OF the power
nov claimed In so2 Georgia ceded her western lands
protecting slavery in her grant and the federal govern