The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-02

reference 70 the ordnance OF 1857 does not
this pSin,ipe That ordnance was passed
the 18th day o. July 1857 before the adoption Of
present constitution. purported It's lace TO be
peaps Of The ferri,Orv and he tnsn eovernms.t q
the Upited States, and unaiterabie except by tho
consent Of all the parties wAen Congress met for the
March, 1885, it found the government thus established
virtue q this ordinance in actual opsrsuon and on
The 1th Of August l!ss II passed law mssas TIE ON
to the G. Institution Of the new government II did
nothing more II made no reference to the sixth and
last section Of the ordinance which tnhihted slavery
The division Of II at Territory provided for in the
ordnAEce each DIVISION the whole OF the ordinance
was .sgnsd oy OSrgsss 70 s.Sn ,Ss sss s o. 10
legislative precedents Congress CID not assert the right
alter solemn compact entered into with the former
The shsd and provided for Ia the
pact II the original compact void for want 81
sDs SS %sy not 70
i certainly bad NO power to alter II From these
facts and principles 1t is clear that the legislation
the Northwest Territory does conflict with the
which assert, ard does not afford presidents
for hostile legsaon Of Ccngrsss against slavery tn the
Territories That such neither the principle the
obey upon which the the 7th Of August, 1889,
based further shown by the subsequent aston Of
be same Congress. On the I'd Of April 1870 Cangress
by ual accepted the cesson Ade by North Care
lima ct her western lands NOV the State of Tennesee
with this clause in the deed of cession: That rgula
emancpsts rlaves in the oedsd Territory and on the
2s,h May 1884, passed territorial bill for the govern
ment Of all the territosy claimed By the United States
south Of tie Ohio River The description OF ins terrto
ry included all the lands coded BY North Carolina but II
embraced great deal more lg boundaries wore LETT
indefinite there conflicting claims TO all the
Test Of the territory But this put the whole country
claimed BY the United States south OF the Ohio under
this pIolayeIy clause Of the North usroana deed,
10 slavery in the Territories Of the United States,
seems to have been this- aequiesced IN government
for the Northwest Territory based upon preexisng
anti slavery ordinance, created government Tor the
country coded by North Carolina Ia conformity with the
pro-save,y olaue in her deed and EXTENDED tins pro
the United south Of the Obi river This legsla
ton vindica'es the first Congress from all imputation OF
having established the precedent claimed BY the friends
of legislative exclusion The next territorial act which
was passed that OF the It'll of April 1885, 1t was the
frs. act Of territorial legislation which had to rest solely
upon original primary constitutional power over the
subject 1t established government over the territories
included within the boundaries OF Line drawn que east
from the mouth the Yazoo river to the ChsttAhooche
river then down that river to the thirty first degree
of north latitude then west that line to TIE Musis
sppi river then the Mississippi TO the beginning This
territory within the boundary Of the United States
defined BY the treaty Of Paris and not within the
boundary Of any OF the States TIE charter Of Georgia
limited her boundary the south to the Attamaha
river. In 1853, after the surrender OF her charter
her limits extended by the crown to the ST. Marys
river and the 31st degree of north latitude to
the Mississippi. In 1894 the recommendation OF the
Board Of Trace, her boundary was again altered, and
that portion Of territory within the boundaries viii,
have described annexed to West Florida, and thus
stood at tie Revolution and the treaty of peace.
Therefore the United States claimed 1t common pro-
pery in l9b passed the act now under review Tor
It's government In ttat act she neither claimed
erted any power to prohibit slavery In it. And the
question directly before Congress- the ordinance Of
1887 in terms applied to this Territory expressly sex
cepng and excluding the last article Of the ordnance"
which the article excluding slavery from the North vest
Territory This i precedent directly In point and is
against the exercise of the power now claimed In 1902
Georgia ceded her western lands She protected slavery
in her grant, and the government complied with her
IN 1903 the United States acquired Louisians from
France - purchase. There ia special reference to
slavery in the treaty. it was protected only under the
AFTER tie treaty divided into Terrtories-the Orleans
and Louisiana TerritoTiesover both of which govern
established. The law Of slavery obtained in
the whole country at the time we acquired it. Congress
prohibited the foreign and domestic lave trade in these
Territories but the protection OF Its laws to slave
emigratrg thtber with their slaves. Upon the
admission Of Louisiana into the Union government
esahs ed by Congress the rect OF the country
under the o. the Missouri Territory. This act also
attempted exclusion Shareholders emgrated to tie
country with their slaves and protected by their
government In 1919 Florida was acquired BY purchase
its laws recognized and protected slavery at the time Of
the acquisition. The United States extended the
seees.i-;o- sd P.ot-Osiun
such was the history of territorial ega until the
year $780, Missouri had applied for admission into the
Union An attempt then made for the first time TO
mpose restrictions upon sovereign stste and admit 1t
into the Union upon unequal footing with her sister
States ard to compel her to mould her institutions, not
according the will of her people, but according to
strongly resisted and resulted in act providing her
admission but containing clause prohibiting slavery
in al the t. acquired from France
tude. The pri, cipe Of this law division of the
territory The authority to prohibit, even to
this extent was denied by Mr. Madison Mr. Jefferson and
other leading and distinguished Of the day. 1t
carried by Of the Southern representatives, COM
bined with small number Of Northern votes. II was
departure from principle but it favored Of justice SUBJ
qsently upon the settlement OF claim to Oregon
it lying north of that line, the prohibition was ap
81 division was adopted But when we acquired Cali
fornia end New Mexico, the South stid willing
to abide by the principle Of division again attempted to
divide by the line. 1t almost unanimously re-
sted by the Northern States; their representatives, by
large majority insisted upon absolute prohibition and
the total exclusion of the people OF the Southern States
from the whole of the territories, unless they
Invested themselves OF their slave property The result
of long and unhappy conflict was the egsaton Of 1850
svehoding States sustained by the appreciation Of their
constituents acting sound prr cples OF consttu-
down this and dangerous usurpaton-declAred for
the equality of the States and protected the people of the
Territories from tbs unwarrantsbe interference with
their rights Here we wisely abandoned 'the shifting
sands Of PROMISE and put the rights OF tie people
again upon the crock Of the constitution"
The law of 1854 commonly known as the NE
brssks sct made to conform TO This policy and but
carried out the principles established in 1850 rghted
ancient ~rcug and VIII restore harm.ny because it
have enceavored to show, H just, fair and
equal; that it is sustained BY principle. y su-
trust believe that when the transient psss,ons Of the
day shall have subsidized and shall have resumed
nef Comlnlop, Will dppToveu, eVon 6ppihuucu,
the collective body OF the people in every portion Of
widely extended republic.
inviting your calm consideration of the second point
in my lecture fully persuaded that IL should
succeed in convincing your and judgment of its
truth shat have aid from your sympathes in this
work yet the principles upon which social system
Is founded sound, the system itself is humane and
just wen necessary. It's permanence Is based upon
the idea Of the superiority BY nature Of the white race
the African tina. this superiority is not transient
and artificial but permanent and that the same
power which made his skin unehaugeably pask, made
him inferior intellectually, TO the white race and inca
psbe Of equal struggle with him ia the career OF
grese civilization that is necessary for his preser
vaion In this struggle and for his interest we'll
that of the society Of which he Is member that he
should be servant and not freeman in the
common wealth. ] have already stated that Afri-
can slavery existed in the colonies at the com.
mencemert Of the American Revolution. The paramount
authority If the crown with without the
the colofies had introduced It, and IL was In
with her framework Of society, especially in the
Southern States. The question not presented for
decisic whether 1t just or beneficial to the
African advantageous to as to tear him away BY