New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-14

-. - .a,psop N tbe Ccpsitotcn, snd csn Iuoe'
10 ".,Sd tprssces ,hrcogb los sefl1s o. ~ |
az sys tfoepcs, and IN doo 'u-i 80. ~ n.
Ss,srrns1e TIE Judicial mind on Snss a.. I.;,d
C,snob 26e; Martin sgt. Hunter YVES ~ D.
~. .st Virginia 6 Whsa-, col Prsz aeI f'po
CN,nis, l6 PEI, GIL; Cooley as'. Pos' "1ssH'' -
In Ri, view proceed briefly 70 es.uioe ne piS,
es., cor.,ynrtton placed on the cia1'e noF 10
n far .. /, r, epecs The inclusion toe,en OF &c
10 permit or prohibit Slavery 10 t'e ,oe,ora.n.
II ba. already been stated thst ser 'oe ~ Cos.i
81 ,hs Urits6 s.s.es wss orgsnized unoer tns 'nr
fuxion. ire temporary governmea, OF eu' LIT ave
pophwest Of the rver ONO co1Iu ~ nv the Cons.i-
e =" xXns,svsr legis.;ive, jadciI or exo9aove
nn.boity was exercised therein coa go, ,na Cor.
nom the people of the United stss ,ns,
.tssnr.on. And accordingly an act wai Pa-sSG
~ Ssh d.y Of August 1859 q stats at Laree'aiI
vncn o,a., bs. the ordnance Of The United st.'es
bhrsa' ..srnbied Tor The government, II the teuory
so,S~.s Of ,De Ohio, may oOn.4e to haze {sa Vt
-. he same 10 the pIesent ConrutioH Of the UHtea
,he, n,ovides for the appointment by the Pre,deu
~ an cfficers who by force OF the ordinance we're 10
nave been appointed by the Congress OF the Confooe,a
non and their commission, 10 the manner req 1ea oy
De Constitution; and empowers The secretary oi 'Go
Territory 10 exercise the powers OF the GoVernoI !"
Nsse of ire death or necessary absence OF the ater
Here IL an explicit declaration OF the WV 0, the ie'
Copgress OF which fourteen memoers mcmoing nir.
adj had been members al tne COnNenbiou
fsmed the Constitution that the ordinance, one article
(which prohibited Slavery, should continue 70 have
fuu effect" Gen. Washington, who signed thus Dill,
A. President was President of that Convention. 49,.
II does moi Appear to me TO be important, IN tos
connect, D tbsthat clsuse In the ordinance which pro-
hbited Slavery ore OF a selies OF articles OF ~1o'
4 I,rep I, rned compact The Congress OF the Con-
Ed.,,t;oo had no power TO make such a compact nor
70 act at all On the subject and after @ha nso oeen 20
recently .sd by Mr. Madison on this fuoJect In tne
3pth number Of The FtderaLts Cannot suppose that
Is m any Others who voted for this bill attributed any
btnsc effect TO what was denomnated IN the 0ldt
nance compact between 1.-THE original States ana the
people and States 10 the new territory there pelng
10 NV States then in exstepce 10 the territory, with
Vhem . compact could be made ard the lev scattered
ipAAbhspts, unor ssnzed into political body, not
betpg capable Of becoming party 70 treaty, even
n the ConQres OF the Confederation had had power
% maize touching the govenm Mt OF that territory
consider the passage ofths lay 10 have been an as
seron by the let Congress Of the power OF the United
Dtates 70 prohibit Slavery within this part of the tern
terry Of tie United States; for II clearly shows that
@svsYy wss thereafter to be prohibited there and it
cou be prohibited only by an exercise OF the power OF
The United States under the Constitution; no oher
10 yer berg capable OF operating within tna territory
aher the Constitution took effect
On the % of April 1890, u Stats. at Large, 1867 the
eyst Congress passed sn act accepting deea OF oes;
aen BY North Carolina OF that territory ai'eIward
psees condition contained in this deed of cesson after
nssvidpg II at the inhabitants Of tie territory shall be
Temporarily governed In the same manner as thoSe
beyond the Ohio, is followed by these words: Pro-
I" ptded airoys, that no regulations made or to De
" made by Congress shall tend to naDcpae slaves.
Thh provision shows that It was then understood
Copeiess might make regulation prohibiting slavery,
and that Congress might also allow it to continue to
mist In the territory; and accordingly when, few
6sys later Coz RES passed the act OF May 2oth i|9
q BIAS. at Lsge, l2 for the government of the teri
tory south Of the river Ohio II provided: And the
government of the territory south of the Ohio sha be
"siuusr to that exercised in the territory north
"west Of the Ohio, except so far as Otherwise pro-
In the nditlOpe eXpTesaeQ act OF Con-
"ess Of the present session entitled, An Act to &C.
"'eept cesson Of the claims of the State of North
"'Crolina to certsin district &c western territory
Under the government thus established slavery existed
until the territory became Il o S'aAe Of Tennessee.
On the 7th of April 1898 Il Stats at Large, 6i9l an
sct was passed to establish government in the Mis-
eksippi Territory in ell respects like that exercised IN
The territory northSes of the Ohio, excepting and
"elcmdhg the last article of the ordinance made for
the government thereof by the late Congress ON the
/" 18th day Of July, 1887" When the limits OF this
Territory had been smicably settled with Georgia, and
The latter ceded oil lie claim thereto, 1t was one shpua
lion IN the compact Of oesson that the ordinance OF
Jpfy Is l7 shall In all It's parts extend TO the terri
tory contained In the present act OF Gee son. thar art
Gle only excepted which foTbids slavery" The gov,
Gnment Of this territory was subsequently established
md organized under the act OF May III, lSOO but
% mucn OF the ordinance prohibited slavery was moi
Put In operation there
IIoIsLATvE AND EXECUTIVE PRrcEDtNTs FOR THE
PROHIBITION OF SLAVERY.
Without going infinitely into the details Of each case,
Twill give to two classes of acts, in one
OF which Congtees has extended the Ordinance OF 7S.
including the article prohibiting Slavery, over different
Tenkores and thus red Its power TO prohibit IL;
IN the other Congress has erected governments over
territories acquired from France and Spain, 10 which
Slavery existed but refused to apply TO them that prt
ofhe government under the Ordinance which excluded
or Re fnt class are the act of May T. 1900 e Staff
q LARGE ST. for the government OF the Indiana Ter.
rkory; the act Of January H. 1895 Stats at Large,
S09), for the government of Michigan Territory;
Abe act Of May g. 1909 e Stats. at Large,
Sl4), for the government of the Illinois Terri.
cory, the oct of April 90, 1886 70 Stats: at
Large, l0 for the government Of the Territory OF Wis.
corsn the cot Of June r. 1885, for the government Of
The Territory Of Iowa. the act of August a. lSiS for
The government of the Territory of Oregon To these
Instances shoud be added the oct Of March 1870 Is
Gtats ct Large, 54s, prohibiting Slavery In the terrific
y acquired hon France, being NORTH vest Of Missouri
ond north of IS deg. 80 min north latitude.
OF tia second class, In which Congress refused to
interfere with Slavery already existing under the mu
ennents by which Slavery recognized and allowed,
ne The cot Of March &c, 1904 e Stats. ct Large 2,
81 The government of louisiana the oct Of March ?,
s 81 sSI sas S the
soT; be at Of March 80, 49, Is stats a Large. SS
sTe esht diatinot instances beginning with the 6rst
Congress and coming down TO the year lSiS IN which
Congress has excluded Slavery from the territory of
The United States; and pix distinct instances in which
CepRrees organised Governments OF Territories by
which Slavery was recognised and continued, begin.
chg also With the frst Congress and coming down to
He year 1922. These acts severaily signed by
ssvcs Pv sidsns Of the United States beginning with
Gen. Wellington, and coming Regularly down a. far
~ Mr. John Quincy Adams, thus including all who
were h public life when the Constitution was adopted
II the practical construction Of the Constitution
% .ssuaSss With 6 SoS sS'
participation In framing and adopting II, and continued
~ hsm through long sories Of acts of the grsyest