Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-05-02

/ what similar state vi things existed. mat
was region Of country over which Georgia
had some claim, She had made grants Of
| land thcro-the celebrated Yazoo grant
among the number. Her inhabitants had
settled there \ law was passed by Congress
in l70S, for the appointment Of commission
ers to settle with Georgia as to her claims
| with the United States over this Territory
| and IN the Same act provision was made Tor
/ the organization OF territorial government.
] The commissioners went on and made the ar
rlngcmont. Georgia quit-claimcd to the
| United States all her rights, and inserted in
her deed Of ccssiun a clause that the United
States should not abolish slavery in the Ter
ritory--the same provision which was made
/ in the North Carolina deed Of ce5sion. This
was done after the act of Congress was pass.
ed, but the existence of slavery in the Terri
| tory was wellknown. Part of it came from
Florida, also slave-holding region.
Now let us see whether or not the act Of
| l19S in regard to the Mississippi Territory
adopted the so-cailed principle Of non-lnter-
| vention. Recollect' sir, that at that time
Congress had under the Constitution no
| power to prohibit the migration of such per
sons as the then existing States might think
| proper to admit until 1908. But in that law
OF l19o there was an express provision prohi-
biting the importation of slaves by the inhabit
ants Of the Territory. They were composed Of
/ settlers from Georgia, under the grants Of
that State and the old inhabitants Of Florida,
a portion of which came from Great Britain
under the treaty of 1888. These people
were there with their slaves. The people.
when part Of the Territory was under the
jurisdiction Of Georgia, had the same power
to import slaves which the remainder Of
Georgia possessed The moment the cession
was made, however, those people were de-
priyed Of that power by an act Of Congress
passed as early as l79S.
come now, to the case of louisiana In
1903 we acquired Louisiana from France
and in 1904 the first legislation Of Congress
was enacted in regard to it, constituting it
into the Territory, called Orleans Territory.
This was before the date Of the operation Of
the provision of the Constitution allowing
Congress to prevent the migration Of certain
persons into the existing States but in the
act of 1904 we find three leading provisions
on the subject Of slavery. regulating, and
thereby exercising power over 1t, in the Ter
rltory. In the first place, Congress prohibi
ted the bringing Of slaves into that Territory
from beyond the limits of the United States.
The third feature in that act, to which any
one who reads it cannot but be particularly
attracted, is that no slaves should be taken
there with settlers as member, of hmi-
lies, or in any other way, if they had
been imported into tho United States
since 1893. 1t was declared that slaves
brought in in violation Of either of these pro-
vision, should be free, and that those taking
them into the Territory should be subjected
to heavy penalties. At first, on looking
at the act, did not see why Congress fixed
the date Of l7YS but, on little reflection,
perceived very well what the object was.
Congress, in the Territories where they had
power, had prohibited the importation Of
slaves; it was done in l79S. in the Mississippi
Territory, as before stated. Thus Congress
had expressed their views in regard to the
subject. The states We're at liberty to do as
they pleased up to lSOS but in 1904, in leg
islating for the Territory of Orleans, Congress
expressly SAID 4" We told you, as early as
IDS, that where we had power no more
should be imported from abroad. Now. if
/ you have imported slaves into your States
since that time, you shall not take them into
this Territory, over which we have jurislic
/ ton"
This was.the legislation of Congress; and
can any man of candor tell me that it was
non-intcrventon 1t certainly is not. 1t is
the exercise Of full power over the subject by
the enactment of practical and important leg
islatlOn in regard to slavery in the Terrific
rics of the nited States where that institu-
.
conclusion-that Congress claimed to have,
and did exercise. tull power to make proyi
sion on the subject Of slavery, where slaves
existed at the time when Congress legislated
in regard to them. Congress did not think
proper to prohibit it in those cases, but they
exercised complete jurisdiction over the sub
lect by regulating it. In reference to those
portions of the country where there were no
slaves, Congress, in the exercise of its power,
dominion and sovereignty over territory with
out the limits OF any particular State, legis-
lated on the subject Of slavery from time to
time as, in their discretion, they thought
proper that is, by utterly prohibiting it.
This system of legislation continued unn-
terruptedly for many years. The Missouri
compromise of le20 was a par. and parcel of
the same system. There was much agitation
on the subject at that time but finally the
difficulty was settled by admitting Missouri
as saveholding State, and declaring that,
in all the territory north and west of it,
above the line of 30 so, where slavery did
not in fact exist-ln a region which was then
wilderness (where Kansas and Nebraska
are now situated )-there should be no slave
ry. This was the exercise Of precisely the
same power on which have been comment
ing. 1t was the repeal Of this compromise in
lej4, and permitting the people of Kansas to
establish slavery therein while it remained a
Territory, and SO preparing the way fora
slave State constitution. that the great wrong
TO the free States and cause of freedom con-
sists
By the exercise Of this course of legislation,
from time to time, things went on quietly
and peacefully until lHi4. Most Of the Ter
ritories thus formed by Congress have been
admitted into the Union as States, without
any trouble they have made their State
constitutions as they have thought proper,
always, however, in conformity to their ter
ritorial condition as to slavery, and Congress
has received them into the MON. There has
always been peace there has never been any
trouble in regard to these Territories where
Congress prohibited slavery. When they
came to form their State constitutions, there
was never any trouble or distress a to the eX-
tent OF liberty which they allowed. In those
Territories where Congress found slavery ex-
listing AMI permitted it to continue, and re-
gulated 1t, there was no trouble whatever
when they came to make their constitutions,
resulting from the previous exercise Of power
by Congress over this subject, 1t is indeed
true, as we should expect that the State con-
Sututions have always been for freedom or
slavery, as the condition of the Territory pre-
pared 1t for.
Now, however, in modern times, there are
| HcW rieUS o. me CONSTITUTION. ! have not
the time, if had the physical ability, to re-
produce them all here, and show that they
are new. The verT fact that they are
broached at this late day for the first time, is.
in my Judgment, enough t. show their base
lessness Especially is this the case when a
doctrine is broached which, carried 10 ITS
legitimate result, declares fifty years of un-
questioned legislation hy Congress to be un-
constitutional and void. 1t must be wrong
because you thereby undertake to obliterate
and to quench all that light which is so i'm
portant to US, as have already remarked,
in constituting the Constitution on this
great topic. | have observed in the Kan
sas-Nebraska law, amongst other features
which it seems to me are new views on the
Constitution, u provision tor the extension
I I,C ba L.. aF ,L,