The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-01

After a brief recital of facts concerning the
invasion of Kansas, Mr.. HARLAN proceeded !:
Believing Congress Of competent) a more de-
sirsble tribunal for the establishment of great
questions of State than armed men on the battle
field. ask the indulgence of the Senate while I
inquire
l. Whether The Congress Of The United States has
tooer TO exclude SiaVery from her Territories.
2 Whefker this po,cer ought to be exercised IN the
organization of Territorial Governments where Sla-
gerry did not previously erist.
In support of these propositions desire to cite,
first, the declaratory acts of Congress following
each acquisition of territory by the United
States
Ia the year 1894, previous to the adoption OF
the Constitution of the United States, Virginia
ceded TO the Confederacy all of her territory lying
northwest of the Ohio river. All other States
claiming any interest in this territory made a SIM
liar conveyance, with few comparatively unim-
portant reservations. This was the first, and COM
prised all the territory owned by the Confsde-
racy.
In the year 1877, an Ordinance was adopted by
the thirteen old States, containing a provision
styled, Articles Of compact betireen The original
States and the people and States IN the North~es,
Territory" which, unless changed by mutual
consent, was "to remain undltera6ie forerer." This
compact provides that
There shall be neither Slavery nor involun-
tary servitude in the said Territory, otherwise
than in the punishment of crimes, whereof the
party shall have been duly convicted"
This the act Of the thirteen sovereign
States, while held together by Articles of Confed-
GRAFTON. 1t had all the moral force OF a regular
treaty between independent nations. 1t was in
form a mere law of Congress" subject to repeal
or modification at the will OF the majority but
had ali the moral elements of compact" bar
gain. concluded signed, and sealed, between high
contracting parties-unchangeabe in its very na-
fure without the consent Of all the parties in in
terest And thus il was published and acqui-
esced in by the people of all the States and Terrific
ries None were then found to complain of the
restriction and TO demand 81 the right to carry
their property in men and women into these
Territories So completely contented were all
the original States North and South, with this
settlement of our Territorial policy, that in the
formation ofhe Constitution OF the United States,
adopted in the year 1889, comforting on the CEN
trail Government all the essential elements OF ma
fionality nothing is said on this subject, only
that
1.-The Congress shall have power TO dispose of,
and make all needfHl rules aud regulations
speeding, the territory or other property belong
ing TO the United States"
The government of the Territories is not even
named. This had been provided for by the Ordi-
nance of 1887, provision older than the Consti
By an act passed at the First Congress, the Or
dinance was modified, and declared TO be in full
force and to its provisions all the subsequent
legislation of Congress quietly conformed for
more than thirty years.
am aware that an objection to the conclusive
ness of this declaratory act of Congress has been
urged with great ability by the honorable Sena-
Tor from Georgia, mir. TooxBs, on this floor, a
few days since, and also in q speech recently de-
livered by him in Boston. That may do him no
injustice, read from the latter, because in it
think his views represented with more clear
ness precision, and strength, than in his recent
impromptu reply to the honorable Senator from
New Hampshire, Mr.. HALEl He says;
"From these facts it is clear that this legisls-
ton for the Northwest Territory does not con-
fict with the principle | assert, and does not
furnish precedent for hostile legislation by
Congress against Slavery in the Territories.
That such neither the principle the
policy upon which this act of Congress in 1889
was based, is further shown by the subsequent
action of the same Congress upon the same
subject. On the I'd Of April, 1890, Congress, by
a formal act, accepted the cession by North
Carolina of her Western lands, (now the State
of TENNESSEE with this clause in the deed of
'cession That no regulations made, or to be
made, by Congress, shall tend to emancpate
slaves in the coded Territory; and on the Goth
May 1890 passed Territorial bill for the gov
eminent of all the territory claimed by the
United States, south of the Ohio river. The
description of this territory included all the
lands coded by North Carolina and it included
a great deal more. Its boundaries were left
indefinite because there were conflicting claims
to all the rest of the territory But this act put
the whole country south Of the Ohio, claimed
by the Federal Government, under this Pro-
Slavery clause of the North Carolina deed. The
whole action of the First Congress in relation to
Slavery in the Territories is simply this it ac-
guessed in a Government for the Northwest
Territory, based upon a existing Anti-Sla-
very Ordinance established Government for
the country ceded by North Carolina in con-
formity with the Pro-Slavery clause in her deed
of cession and extended this Pro-Savery clause
TO all the rest Of the territory claimed by the
United States. This legislation vindicates the
First Congress from all imputation of having
established the precedent claimed by the advo-
Gates of legislative exclusion. On the 18th of
April, 1898, during the administration of Pres
ident John Adams the next Territorial act was
passed; ii was the first act of Territorial legis-
lation resting solely upon primary, original un-
feitered, constitutional power over the subject.
IL established Government over the Territory
included within the boundaries of line drawn
due east from the mouth of the YaZoo river to
the Chetahoochee river, thence down that river
TO the thirtyrst degree of north latitude, thence
west on that line to the Mississippi, then up
that river to the beginning This Territory was
within the boundary of the United States, as
defined by the treaty of Paris, and was held not
to be within the boundary of any of the States.
The controversy arose out of this state of facts.
" The charter of Georgia limited her boundary
in the south by the Altamaha river. In l163
latter the surrender of her charter her limits
were extended on the south, by the Crown oil
Great Britain, to the st. Marys river and thence
on the thrty-rst parallel of latitude to the Mis-
sissippi river. In 1854, il claimed, that on
the recommendation of the Board Of Trade the
boundary again altered, and that portion
of territory lying within the boundaries have
described was annexed to West Florida, and
that thus ii stood at the Revolution and 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
that act Congress neither claimed nor exercised
any power to prohibit Slavery. The question
came directly before 1.-THE Ordinance of 1887
in terms excluding the Anti-Slavery clause
was applied to this Territory. This is prece
dent directly in point, and is directly agains
the exercise of the power now claimed. In
1902, Georgia coded her Western lands, pro
tecting Slavery in her grant, and the Fedora
Government observed the stipulation"
The honorable Senator argues against the con
clusiveness of the Ordinance of 1887, a legisla
tive precedent, by citing the organic law passe'
in lfeo for the territory south of the Ohio river
70 which the clause of this Ordinance excluding
Slavery was not applied; and, also, the organic
law of the Territory of Mississippi, approved il
1898. to which all this Ordinance was applied In
terms, except the clause excluding Slavery.
To this / reply, that the act of 1890, although
.,snersl applied practically only to the TERRITORY
ceded bv North Carolina-now the State of Ten
r....a Tennessee was an inhabited country
A, carly "a 1888, she had made an effort to secur