The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-09-18

this is little ahead of any higher law that
know of. believe we have power over the sub
ject of Slavery il the Territories. So thought
and so acted the Congress, in 1920, when the
South passed the " Missouri Compromise Act,
and when Charles Pinckney wrote the following
letter, rejoicing over the result of its passage:
CONGRESS HALL March ,, ls2O,
! "} o'clock night
! DEAR SIR: hasten 10 inform you that this moment
have carried the question admit Missouri, and all
Louisiana the southwark OF 60 81 free Of the resric.
non of slavery aud give the South IN short time, an
addition of perhaps eight, members TO the Senate OF
the United States 1t is considered here by the slave
holding States a great triumph
CHARLES PINCKNEY."
! So thought the Congress of 1884, whose pow
ers on this subject under the Articles of Confed-
#, Grafton, were no greater than those of Congress
under the Constitution, when Thomas Jefferson,
from the committee appointed to prepare plan
for the temporary government of the Western
Territory, introduced the following resolutions,
which were adopted:
Thai the settlers within the territory so 10 be purchased
and offered for safe SHALL either their petition
the order OF Congress- authority from the
with appointments time and for their free ma les OF
full together for the purpose OF establishing
Government, adopt the Constitution aud
laws of amy one of these States so that such laws never
hrless shall Be subject alteration by their ordinary
Legislature. and 10 subject like alteration
lies townships !or the election oil members for their
3 | agtslaiuTe.
That such temporary Government shall only continue
force any Stale until il shall have acquired twenty
thousand free inhabitants, when giving due proof the
10 Congress- they shall receive from them authority, with
appointments of Time and place, call convention of
representatives 10 establish permanent Constitution
and Government for themselves: Prorided, That both
tine temporary and permanent Governments be estab-
) ls-heG Oh these principles as their bass:
=" I. That they shall fo1eyer remain a part of the
! United States OF America.
- That ia their persons property and territory they
shai De su'"c' !" me GoVerHheni OF Inc United States
an Congress assembled. and the Articles of Confeder-
aion IN all ihos- cases IA which The original States shall
>. Tina, they shall be subject pay part of the
Federal cebs contracted TO he cont acted, be ap-
"rrioned on them 10y Congress according 10 the same
common rule aud measure by winch appointments
I thereof shall be made ON the other Siaies
- That their respective Gosernme shall be in
publican forms and shall admit person TO be citizen
who holds any Hereditary ute.
- That amer The year lotb OF the Christian era, there
shall be neither Slavery nor ountary servitude any
uf the sad States, other than OF crimes
whereof the parry shall have been duly convicted 10
have been personally guilty"
This Mr.. Chairman, was Thomas Jefferson's
view OF the power of Congress over the subject
of Slavery in 1884, not only in the Territories,
but in the States to be formed out of the Terri
tories. 80 thought the Congress in 1887, when
the Ordinance of that date was adopted, exclu-
ding Slavery from the Northwestern Territory.
So thought the Congress of 1889, under the
Constitution, who recognised and confirmed the
Ordinance of 1887, which approved by
George Washington. SO thought the Congress
of 1900, who passed an act establishing Terri
torial Government over the Territory of Indiana
which was approved by John Adams. So thought
thegCongrcss Of 1905, in their act establishing n
Territorial Government over Michigan. So
thought the Congress of 1909 in their act es-
tablishng a Territorial Government over Hi
nois; both of which last named acts were sp-
proved 10y Thomas Jefferson. So thought the
Congress of 1884, in extending the jurisdiction
of Michigan over Wisconsin and Iowa, which
was approved by Andrew Jackson So thought
the Congresses of 1886 and of 1898, in their
acts establishing Territorial Governments over
Wisconsin and Iowa, which were approved by
Martin Van Buren,. So thought the Congress of
ls4S, in their act establishing Territorial Gov
eminent Oregon, which was approved by
James X. Pok-Mr Buchanan being "A member
of his Cabinet. So thought the Congress of
1853, in their act establishing Territorial Gov
eminent the Territory of Washington, ap-
proved by Willard Fillmore. In all Of the afore-
mentioned acts, the Slavery restriction or pro-
viso of 1897 incorporated, and Slavery
pressly prohibited. SO thought Mr. Webster in
1850, when he said "that these Compromises
lS5O) comprehend every inch of territory not
disposed of 10y previous legislation" So thought
the court, in the case of Jones Van Zandt, 2
McLeans Reports, $50. The court says:
.slavcry exists only by virtue of the laws OF the
States wher" sanctioned; and f slave escape
such State free State, lac free, according he yra-
eiS OF he common lar and recapture IN free ate is
authorized only 10y the Constitution and of Congress
There general principle the a,c of nations which
requires such surrenarr"
SO thought the court in deciding the cele-
brated case of Prlgg rs. the State of Pennsylva-
mia, lG Peters, $40. The court lays down these
propositions:
by the law of nations, State is bound recognise
S"N'ry IN another state IL Is mailer of comfy and
moi matter of international risht The OF lav, ry
A. deemed 10 be snDnieiPai yse,aiatio founded
upon aud H'td TO- the range OF the territorial laws"
SO thought ex-President Fillmore rhen he
wrote the following letter, although he nor sus-
tains n very different opinion:
g BUFFALO, October Il, 1ol9
"SIR: Your communication OF the IJh instant chair
of the commune appointed by the .An-Slavery
Society oi the county al Erie has u,i come 10 hand
You solicit my the following heterogeneous,
IL DO you believe that petitions Congress The sub
cc OF slavery and the lave trade ought TO be received
rad aud respectfully considered by the Representatives
of the people,
al Are You opposed to the anne alton of Texas To this
iHIon, under any circumstances, 80 long slaves
held therein,
Iii Are you in favor of Congress exercising all The
constitutional powers possesses abolish the
slave Trade between the States
Nv. Are you in favor OF immediate legislation the
abolition OF Slavery in The DSircI al Columbia,
answer; am ihuch engaged "hd nave no lime 10
enter iio an argument explain nj length
the resent 10y answering all your inerrogaories the
Affirmative. aud leave tor Iutur- "a
- WILLARD FILLMORE"
SO thought ex-Chcf Justice Greene c. Bron-
son, of New York, one of the most distinguished
jurists in the country, and leading Democrat
Of the Hard school. In a letter dated July 10,
lSiS, after declining an invitation To attend
political meeting he says:
slavery cannot exist where there is positive law
Den II IS enough that Is not specially authorized IL
the OF slaves with sends them into
amy counry Stale or IL rory, where Slavery does not
exist by law will from that moment. become free
men, aud VIII have good right Ia command the
ter s. he will have command them Stale laws have
NO eNHa-ierriio'ia authority ana law oil Virginia,
which makes man n slave there, cannot make him Il
slave IN New York, nor beyond the Rocky Mount
Entertaining no doubt upon that question: can
no occasion for asking Congress 10 lesaie against the
rNirnsi"n OF Slavery free territory and ques-
ion % policy THINK had better he lei alone u our
southern brethren wish carry their slaves Oregon,
New Mexico California. they viii be under the
Sity OF asking law 10 warrant II; and IL will then he in
time for The free States resist the
doubt they would, with unwavering hrmness
Il would NOT needlessiy move this question. is
of an exciting nature which tends 10 sectional division,
and may do u harm people would leave TO the
siaveoldng States decide themselves and their
oSn responsibility. when If ever, the matter shall he
aciiacd an Congress IL may be that they will act
wisely and all especially - pretty
generally agreed that neither Oregon, New Mexico
CALIFORNIA, are well adapted to slave labor. But IL
Southern brethren should make The question we shall
have choice It and then. whatever conse-
qenceS follow irust the people of the free States
vii give a nnileJ voice against allowing slavery on
single Zoo, of Su whrre IL j. authorized by law
IL anl, very respectfully, yoar obedem servant.
"GREENE G. BRONSON
"To Messrs ]. COCHRAN and oih.rs Committee
IL is true that are not asked to enact laws
to warrant the holding of slaves in the Terrific
ries, but are called upon TO admit that slaves
may be rightfulIy held in the Territories without
Law. The very question is made in substance,
which Judge Bronson said would leave the peo-
pie of the free States no choice bat 10 meet it.
whatever consequences might follow.
| So thought Colonel Benton in 1854, when,
| speaking of the Compromise of 1920 he said