New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-05-19
THE HON. JOHN MLEAN ON SLAVERY

The National Inteiligencer reprOduces by request
the following article from its columns of Dec. %
1917, Indicating the views of the writer with re-
gard to the Constitutional power of our Federal
Government over Slavery and its extension into
Free MISUNDERSTANDING that it is from the pen
of Judge MLEAN of the U. s. Supreme Court:
HAS CONGRESS POWER TO INSTITUTE
SLAVERY
From The National Irteligeneer Of Dee. p, 1917.
The first article of the Constitution declares "tha
all legislative powers herein granted shall be vested
a." in Congress Of the United States &C. This limits
the legislative action of Congress to the subsequently
enumerated powers.
stuon Is declared that Congress shall have power
to exercise exclusive legislation in all cases whatso-
" ever over such District, not exceeding ten miles
square, as may by cesson Of particular states an: ,p
Government Of the United States, and to exercise
like authority all places purchased by the con-
sent of the Legislature Of the State in which the same
shall be- for the erection OF forts magazines arsena'
4" backwards, and other needful buildings"
Under this provision the cessisn of the District OF
Columbia was made within which territory Slavery
had been long sanctioned, that the power OF Cen
gress TO institute it within the District did not arse
and no one, it supposed, would contend that within
the Ike, Congress could establish Slavery.
In no part Of the Constitution are slaves named or
referred 10 as property they designated as per-
sons In the second section Of the first article which
apportions representatives and direct taxes the words
''three ffths of all other persons incluce slaves.
They referred 10 in the Dnth section OF the same
article, which declares that the migration or import
alton of such persons any Of the States now exist
"ng shall think proper to admit shall not be prohibited
"by the Congress prior to the year eighteen hundred
and eight, and also In the second section oil the
fourth article, in relation to fugtves from labor In
other part of the Constitution there any reference
10 slsves. ,,
In the third section Of the fourth article it is declared
make all needful rules and regulations respecting
" the territory or other property belonging 70 iae
" United States The power here given is limited 70
tie regulation Of the property of the Government ana
may be exercised as well within State as Terri
tory 1t gives no express power to institute IeIrto
rial Government or to adopt regulations beyond .as
specific objects Of the grant. Congress are authozea
" 70 dispose Of" the territory landl or other properly
Political power 10 not it would seem, within the grant,
This is considered too clear to be contfoverfed.
There is specific power given to Congress III tne
Constitution which authorizes tie establishment OF
Territorial Government except that which relates 10
the District of Columbia. 80
The ordinance for the government OF the tein.oy
Of the United States northwest OF the hivei On!v
was approved 18th August 1857, which Mas osS,e .ne
fsrmation OF the Constitution OF the cnneu ads
That ordinance provided for the first and second graue
of Territorial Government, which extended oyer tne
territory that includes the present States OF Ohe, In
diana, Illinois and Michigan: Separate IeIlo, 10
Governments were formed under the ordnance Tue
progress of population required. This PROVIDED ior
the government of all the territory cedea 10 tEe n
at the adoption Of the Constitution; ana tL laes i.Hy
have been supposed to render any provision on .ne
subject in the Constitution unnecessary Oh tne 'sn
August, 1859, the ordinance was modified oy an ac' "
Congress so as to adapt it to the Constitution
On the 25th February 1890, North CaroiIa csoeo 70
the Union territory which now constitutes the STATE o.
Tennessee, which accepted by act OF on
the I'd of April ensuing In the act OF cession, aone
other provisions it was stipulated thai no regulation
made or to be made by Congress shall tenu ~ epan
"cipete slaves" and on the goth OF May, lyo tne
act of Congress- the ordinance OF l7sI WIZ CERTAIN
exceptions In the act Of cesson was adopted 10, tne
government of the territory of the United oea'es
south Of the river Ohio"
The first annexation Of foreign territory to the OnIed
States was Louisiana, within which Slavery existed
under tie French and Spanish Governments. fionda,
which was subsequently annexed, was also a oaa'e
Territory. Texas was Slave State.
II any part Of Mexican territory shall be annexed, as
Slavery IL not sanctioned in MEXICO, il must come INTO
the Union free territory; and the important daes
ton arises whether Congress have power TO mAAe Z"
Slave territory. -.
No question is better settled in this country than .as
Slavery exists in State by virtue Of the iocs ,sd
that the power over the subject Is e1eiusveiy 49,
IN the State; and that Congress, excep' 40 ~
TUE OF slaves, exercise no power oseI do, unon
The relation Of master and slave y ceP l.s b. snv
the local law; and when the slave e-V'!"7 y