The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-04-12

4
Territory passed by the Congress of the Confederation
IN July 1887 In August 1887 cession Of other terrific
ry made by South Carolina and accepted by the Con-
ess OF the Confederation without any mention OF slavery
IN september 1887 the constitution subscribed by
the federal convention The cesson Of 1880 by North
Carolina OF the territory lying westward OF her limits was
IN 1880 by the first Congress under the constta-
tion. II contained the remarkable words:
"Providsd, aOays, That regulations made or to be
made, by Congress- shall tend to emancipate slaves"
This territory lay wholly the southwark of the line Of
30 deg 80 mln-the old Virginia boundarywhch, under
the North Carolina charters Of 1917 and 1929 had org
naly extended TO the Pacific ocean and would still have
extended 70 that il the treaties of l63 and 1888 had
not limited our territory the westward by the Missis
sippi.
These differing enactmens of 1897 and 1890 were thus
applicable to different portions of the territorial domain
the slayehodng southwark of latitude &c deg min the
non-slavehoding almost wholly norhward Of 80 deg and
none OF IT extending southwark far 81 deg These
eaacments togehe effected the first statutory partition
OF territory made with reference question Of
slavery The cesson By North Carolina was followed In
1902 by cession OF territory made by Georgia under
condition which the Of slavery When
the ordinance OF 1887 passed at Philadelphia the Con-
gess OF the Confederation which enacted H. and the
yention which framed the constitution were both in
sion there The members of both bodies were course
frequent communication with another The ordinance
for the Northwestern Territory passed the Congress by
unanimous vote OF the States In 1884 this Congress had
nevertheless rejected proposal for the exclusion Of a
within this Territory These in con-
gressional legislation all reconcabe with one another
we regard the successive acts together constituting
partition OF the Territory with reference this question
Of slavery They otherwise altogether inexpcable
1t Is here material bear in mind that the constitution
between the ordinance of 1887 the accept
$780, of the cession made by North Carolina This
consutonhe charter Of our title to the important
political blessings aud to many Of the most highly valued
social as well domestic blessings which enjoy-gaye
to Congress control of the subject of slavery It never
heess provided the Supreme Court Of the United States
has said for the most complete recognition Of the title of
the Inhabitants OF the saveholdng States to their property
in slaves Thsconstutien rea slaves as persons and as
property; regarding them inferior persons who
subjects So o. private property As persons they were not to
DC computed in the enumeration of inhabitants otherwise
than In view OF the political and individual rights of their
proprietors In that computation it provides that five of
them shall be counted equal to only three whites While
it calls them persons" thus recognises their nfeory
as race II treats them subjects of property providing
that the direct taxation SHALL with reference them be in
vdes for the reception and restoration OF fugitive slaves
property to their 1t treated them as subject of
commerce. commerce which Congress might regulate,
except aoh reference TO their importation from foreign ports
10 States g The Union desiring 10 increase their sdue popua
on This Importation was left open the people Of these
by an exclusion of the to prohibit such
importation, for twenty years.
The purpose Of this clause of the constitution was that
no portion Of The savehodng part Of the country should
be lett at liberty TO determine arbitrarily, by selfish
standard the future value Of slaves the then
Territories of the South prevent their introduction
into those Territories The States of South Carolina and
Georgia would not have adopted the constitution if this
provision bad been omitted. "
The spirit Of the provision which prohibited congress
siona interference with the foreign slave trade until 1908
was manifested in another clause of the constitution which,
while 1t gives to Congress and the States under certain
conditions, the power amend 'he constitution excepts
this temporary right of importing slaves from Africa In
order that their proportional number and value different
parts OF the savehodng country might be equazed this
clause was expressly excepted from the operation Of the
clause authorizing amendments In like spirit the pro-
vision that capitation direct tax should be laid
otherwise than in proportion to the census by which FIVE
slaves were to be enumerated three persons perma
nenuy excepted from the operation Of the clause author
zing amend ments This clause moreover while il allow
ed two-thds Of each house Of Congress suggest
to the constitution required concurrent vote
Of threefourths Of the States in order pass It. This
was cautiously provided lest the greater number Of the
non-slavehodng States should ultimately overpower the
| slavehodmg. -a
clause In the constitution conferring upon Congress
the power 10 dispose Of and make all needfu rules and
regulations respecting the territory other property be-
longing to the United States has been supposed by
persons to confer upon Congress unconditional
reign POLITICAL well proprietary, jurisdiction the
Territories Under this clause il has therefore been
sumed by some persons that Congress has the poseer
whether II has has not the vghtto exclude slavery
wholly from the Territories II this clause conferred any
other than proprietary jurisdiction II would have
emped the United States from their obligation incurred
under the resolution of $780, and their acceptance OF the
cessons made under IL TO exercise their jurisdiction
the Territories for the benefit of the savehodng
and non-savehodng States Another clause of the cons
tuition provided that all entered into before the
adoption OF the constitution should be valid against the
United States under the constitution against the
federation In accepting the cessons of both jurisdcon
and soil upon the conditions provided in the resolutions
OF 1880 the United States had entered into engagement
4
But according to the most approved Interpretation of
the consttnton the clause respecting the Territories gave
TO Congress no other than proprietary jurisdiction This
appears by the context in The particular clause itself and
by contrasting its provisions with those of the clause
rring Congress in very different language the power
TO exercise ezcuSre legislation such district Of limited
dimensions might, in prescribed mode, become the
Of government and TO exercise like authority
places purchased with the consent Of the States for certain
prescribed purposes This contrast Of language authorizes
us to distinguish The words applicable TO proprietary
from those applicable to general political jurisdiction. The
contrast is further strengthened by recurring the
of the cessons the territories United States These
cessions IL will be remembered had expressly transferred
the jurisdiction well the soil On OCCASION al
most thirty years ago the Supreme Court Of the United
States appear TO have regarded immaera the inquiry
whether the general political jurisdiction of Congress
the Territories derived from the clause in which the
proprietary jurisdiction is defined deducble from
other OF power Whatever may have then been
ts mmaieriay in legal point of yiew there be no
doubt Of It's Importance question Of satesmanship in
voviug political considerations As purely legal ques
ton the preliminary distinction between the proprietary
disposal Of the public domain and the exercise of general
political sovereignty fifteen years later psrtcu
ary considered by the Supreme Court in the investgs
ton of the title the New Jersey shore oyster fisheries
distinction then established has been since repeatedly
| recognised.
Al the present day few constitutional lawyers would
venture the political jurisdiction of Congress over
The Territories exclusively upon this clause OF the cons
tuition. Fewer constitutional urists would contend that
either under this clause independently OF IT. Congress
has the power by legislation to exclude slavery from all
the Territores or those few who might still recognise
very small number probably would contend that the
else Of such power 10 its utmost extent would be rgl
From the operation Of these remarks, some Of the
bers Of the present Congress to be excepted this is at