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

inc cause ol thc Constitution providing that
the migration and importatons of persons
whom the State existing may think proper to
admit, shall not be prohibited until lSOs.-
We sec from the light Of that history, from
the effect Of that legislation, what these words
meant. The persons there mentioned,
whose migration was not to be prohibited,
were slaves
Again, if you 90 to the clause which says,
that persons bound to service by the laws
OF one State, and who escape into another
state, shall not by any law therein be releas-
ed from that service, we should not know
anything about what that meant; but we
find as early as 1898 law Of Congress to
carry the provision into effect, and under
that law siqccS were reclaimed That. then,
was the thing intended, and from it we OBJ
tain light
Mr.. Butler. They did not use the word
"slayes."
Mr. Collamer. DO not know that they
used the word ''slavcs;" but, if we look at
the history of it and its effect, we find that
it was to recapture slaves, and the illustra-
tions of history show that is exactly what
they understood it to mean
I do not wish to enter into controversy
with those who say that this cotemporaneous
construction is "A clear view of what the
Constitution meant think it is. do not
think it leaves any doubt. The meaning of
the three provisions which | have mentioned
Is in my opinion, illustrated by this co.em
poraneOus, practical construction, gwen to
them at that time and continued to this day.
! think there Is no doubt about the meaning
Of them; but, say it requires that cotempo-
raneous construction, and needs that light in
order to settle the question.
1t is true, then, that practical, cotcmpora-
neous construction is Of very great impor-
tancc, and especially in regard to the cons
struction of the Constitution in relation to
slavery. 1t would be well, therefore, to be
acquainted with it when we undertake to
legislate or to talk about the powers Of Con
grcss over the subject.
Now propose to show and INSIST, though
not at great length, that, by the practical,
cOtempOrancous construction of the Consttu
ton. Congress has power over slavery in the
Territories, without State limits. Congress
has never submitted the question Of freedom
or slavery to the people OF the Territories in
any form, to be there operated upon while
they were Territories. The people of Ter
ritory in the forming Of a State government
must, of course, have the power to form their
State Constitution, like any other State in
the Union, as they please, 50 that it be re-
publican in form in order to be on an equality
with other States. This is quite obvious
1t needs no argument. That is not what
am talking about. am speaking as to the
prohibition, or the existence. or regulation of
slavery in Territory while it remains Ter
rtOry. | say Congress has never, until now,
permitted that question to be agitated, or
discussed, or regulated in the Territories
themselves; and therefore insist that the
present attempt is a new experiment, and the
fuat hat 10 70,
an almost insuperable objection to it.
In the next place. 1 think 1t appears from
the history Of legislation and the exercise of
power on the subject of slavery within the
Territories by the General Government, that
Congress has regulated it in this way Where
slavery did not exist to any considerable or
appreclabe extent, Congress, by general or
particular laws, has in those Territories pro-
hiblted it from time to time; and in those
Territories where slavery was existing, and
where it was found to exist, Congress in leg
islating for them did not do any thing that
would justify us in saying that they repudia
ted the exercise of power; but the institution
being there. and being used by the people
who had gone there, and this being Il fair
evidence Of its adaptiveness to their USE
Congress have suffered it to remain, making
various provisions for its regulation.
think that is the lesson which we derive
from our legislation. Congress did exercise
power over and in relation to the subject
from the ori gin Of the Constitution. From
this conclude they had the power. 1t is
shown by the cotemporaneous exposition of
the Constitution, and by the action of Com
gress ever since. Whatever new views Of the
Constitution may be gotten up now, | care
not how ingenious and plausible they may be,
II they in effect SO construe the power of Con-
gress over the Territories, or derive it from
such sources as to evisceratc and deprive
Congress OF the possession OF this power
which has been So often exercised, all | can
say is, that it is entirely new, and therefore,
untounded, being inconsistent with the les
sons of experience.
1t is hardly necessary, in order to show
what have been thus stating in general
terms, to 20 very carefully into particulars in
relation to the northern part of the United
States. Before the Constitution was adopted,
we all know that there was an ordinance cx-
tending all over the territory northwest of
the Ohio river, prohibiting slavery. We are
told by the President in his annual message,
that when the Constitution of the United
States was adopted, it superseded and repeal
ed the provisions of that ordinance. He de-
duces that conclusion in this way: Inasmuch
as the Constitution gave power to Congress
the original States, If that ordinance contain
ed any thing forbidding slavery, it was in
consistent with that provision, and therefore
was superseded and repealed by it. do not
agree to that sort Of constitutional law at all:
but that is what we are informed by the
President. But suppose, for the sake of the
argument, we treat the matter IN that light.
Then will call the attention of gentlemen to
the history Of legislation in regard to the
northwest Territory, though it has been so
well done by the Senator from Iowa, Mr..
Harlan, that It is not necessary for me to
do 50.
In the admission Of Ohio as State, Con-
gress declared that they should form their
constitution consistently with the ordinance.
In forming the Territories OF Indiana, Illinois,
Michigan, AMI Wisconsin, included within
the original Northwest Territory, in every
instance the legislation Of Congress expressly
re enacted the whole ordinance, and spread it
over these Territories from time to time,
step by step As fast as Territories We're
formed just so fast the principle OF prohbl-
ton kept on. pdIt paSSU. 1t went over the
Mississippi and reached Minnesota and Iowa,
and crossed the Rocky Mountains to Oregon.
In all these instances the same legislation
prohibition Of slavery where il did not
e1ist-was proceeded with by Congress. 1t is
not necessary 10 parucularlze these acts any
further. But let US 90 south, and see how
/ it stands there.
Mr.. President there is perhaps no better
settled principle of law than that the power
to regulate includes the power to control.
/ When power is granted to regulate a subject
it always includes the exercise Of full discre-
/ ton by the body which possesses the power
For this reason it has been held that the
power TO regulate commerce, conferred upon
Congress by the Constitution, includes the
power to lays perpetual embargo. The en-
barge which was laid during our difficulties
with England preceding the last war, had no
limitation In that case the question arose ,
and our courts decided that the power to reg
ulate commerce included the power entirely
toprohibit it, without limitation of time The
| power conferred by the Constitution to
| rarnlnta trhha with tha Indian trihn. L. a