The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-22
HAS CONGRESS POWER TO INSTITUTE
SLAVERY2

The first article of the Constitution declares
"that all Legislative powers herein granted shall
be vested in a Congress Of the United States"
&c. This limits the Legislative action of Con-
gress to the subsequently enumerated powers.
In the eighth section of the first article Of the
Constitution, it is declared that Congress shall
have power "to exercise exclusive legislation,
in all cases whatsoever, over such District not
exceeding ten miles square, as may by cession
of particular States, and the acceptance of Con
gress. become the seat Of the Government of
the United States, and to exercise like authori-
iy over all places purchased, by the consent of
the Legislature of the State in which the same
shall be, for the erection of forts. magazines,
arsenals, dockyards and other needful build
ings."
Under this provision, the cession of the Dis
trict Of Columbia was made within which ter
ritory Slavery had been long sanctioned. so that
the power of Congress to institute it within the
District did not arise and no one. it is sup
posed would contend that within the cesson
of on-slaveholding State, for forts, &C., Con-
gress could establish Slavery.
In no part of the Constitution are slaves
named or referred to as property; they are
| designated persons. Ia the second section
OF the first article, which apportions Represent
| ativcs and directs taxes, the words "three-fifths
| Of all other persons" include slaves. They are
| referred to i'll the ninth section Of the same ar
| ticle, which declares that the emigration or
importation of such persons as any of the States
now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the
year eighteen hundred and eight" and also
in the second section of the fourth article, in
relation 10 fngitives from labor. In no other
part of the Constitution is there any reference
| 10 slaves.
IL IL: r r. Il. "a
| declared "that Congress shall have power to
dispose of and make all needful rules and regu-
lations respecting the territory other proper
| ty belonging TO the United States" The power
here given is limited to the regulation of the
| property of the Government, and may be exer-
| cised az we'll within State as a Territory. 1t
gives no express power to institute Territorial
Government, or to adopt regulations beyond the
specific objects Of the grant. Congress are au-
thorized "to dispose of" the territory (land) or
other property. Political power is not, it would
seem, within this grant. This is considered toe
clear TO be controyered.
There is no specific power given to Congress
in the Constitution, which authorizes the es
Enlistment of a Territorial Government, except
that which relates to the District Of Columbia
The Ordinance " for the government of the
Territory of the United States northwest of the
river Ohio" was approved 18th August, 1887
which was before the formation of the Consti
tuition of the United States. That Ordinance
provided for the first and second grades of Ter
ritorial Government, which extended over thai
Territory that includes the present States O
Ohio, Indiana, Illinois, and Michigan. Sepa
rate Territorial Governments were formed un
der the Ordinance, as the progress of population
required. This provides for the government o
all the territory coded to the Union at the adop
ton of the Constitution; and this fact may hav,
been supposed to render any provision on tn,
subject in the Constitution unnecessary. On
the 9TH August, 1887, the Ordinance was mod
flied by an act of Congress, so as to adapt it t.
the Constitution.
On the 18th February, 1890, North Carolin.
ceded to the Union territory which now consti
tutes the State of Tennessee, which was &C
cepted by act of Congress on the I'd of Apr
ensuing. In the act of cession, among othe
provisions, it was stipulated that no regulation
t made, or to be made, by Congress, shall tend Il
| emancipate slaves; andon the Goth May, 1890
by the act of Congress, the Ordinance of 1881
with certain exceptions in the act of cessior
was adopted for the government of the Terri
tory of the United States south of the rive
il Ohio"