True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-02-04
THE PRESIDENTS MESSAGE.
SPEECH OF HON. ]. A. BINGHAM,
OF ONO,
u lAs House Of Representatives, January IS 81
tcaNTrEuED FROM FIRST PAoE.l

ttlltt 10 - Ctiatc StiC ouUulu lOl SuHdR6 IL
the foreign or domestic slave traffic, land
as a necessary consequence, that she
should uol, like the original States, have
or be entitled to a slave representation on
this floor, Call you this equality of
right! Why was Ohio in the Union five
years prohibited by force Of congressional
enactment from engaging in the foreign
slave trade, which all that time was being
carried on by the original States ! The
ninth section of the first article of the
Constitution did not Obige Congress to
deny to Ohio this privilege it only re-
strained Congress from prohibiting this
traffic in the original States. Why was
Ohio prohibited from importing slaves
into her territory from abroad, or engag-
ing in the domestic slave traffic and why
were all the States of the Union. and the
citizens thereof, denied, by force of this
congressional "stalute restriction upon
the institution" of that new State, the
alleged imprescriptible right to traffic in
slaves therein! Most. certainly because
no such right is derived from, or sane.
toned by, the Constitution and because
new States can only be formed and ad
mitted upon such terms as will require oil
ihCm full and clear recognition of the
constitutional provision, that no person
shall be euslaved or deprived Of his prop
erty or life, but as punishment for crime
upon due conviction.
BY the Act Of April 10, 1916, (appro
we'd by Madison, to enable the people o
indiana 10 form State Constitution. ant
for their admission into the Union, tht
same terms, conditions, and restrictions
which were imposed upon the people o
Ohio were imposed upon that State
United States Statutes. Gvol. 8. P. 2ss
sec. A. By the act of April ls, 1918
{approved by Monroe, provided for the
formation Of constitution and the ad
mission Of the State Of Illinois, the same
terms, conditions, and restrictions were
imposed upon the people of that State
United State Statutes, vol. 3, p. 430
sec. 4. The act organizing the original
Territory of Wisconsin, including wha
is now the States of Iowa and Wisconsin
approved by Jackson, and passed Apri
20. 1886, provides that 'the Inhabitants
shall be entitled and enjoy" all the rights
secured to the people Of The Nortbwes
Territory "by the articles of compact
contained in the ordinance passed July
l3. 1857, and shall be subject to all tn
conditions, restrictions and prohibitions
in said article of compact imposed upoI
the people of said 6Territory." Unitet
States Statutes, vol. 8, p. Is, sec. II.
The act " to establish the territorial gov.
ernment Of Oregon" passed August IA
1s4S. secures the same rights 10, and i'm
poses the same conditions, restrictions
and prohibitions, upon the Inhabitants
and future States of that Territory, Uni
ted States Statutes, vol. 9. p. 800, sec.
H. with the sanction of President Polk,
and with the advice andl consent Of th'
great godfather Of popular sovereignty
himself.
By the joint resolution for annexing
Texas 10 the United States, the same con
dirions and restrictions, by the approva
of Tyler and the vote of the reputed au-
thor of the Kansas Nebraska acl, and i'm
posed upon The future States to be organ
lied within that territory north Of SO Q
3V north latitude UNITED States Stat
utes, vol. s, p. 1857 The mere fact tina
Congress did not, in all instances Of thu
erection and admission of New States
exercise this power Of restriction and pro
hibition, argues nothing against the exis
tence of the power. The mere non.use
of legislative power, in some instances
works no forfeiture of it. There is rec
ord, very strong record, of restriction
imposed by Congress upon the people o
the Territories, and upon the institution
ofnew States If these restrictions b.
violative Of popular sovereignty and Stat
equality, Washington. Adams, Jefferson
Madison, Monroe, Jackson, Tyler, AM
Polk, are guilty Of that violation, ant
were black--very black-Republicans
II these statute restrictions were consi
tutional, what becomes of this vauntet
imprescriptible right Of equality Of tn
several States 1.-THE General Govern
ment does not possess this power owe
the institution Of new States-If its pow
er is restrained by popular sovereign
and State sovereignty, as the Presiden
avers-tben we are but The instrument L
enforce whatever domestic system O
government these high powers may es
tablish in the Territories, even though
be adespolism which would make Ner
blush, and put Caligula 10 shame.
Can il be that the Constitution of tn
United States is this weak and wicked in
venlion! All your territorial legislatio
disproves it. Every organic act extend
the Constitution and laws of the Unite
States over the Territories. Your Kan
sas. Nebraska &C, does this. The Consti
tuition, being in force ip the Territories
is the supreme law. Whatever Iegisls
tive, therefore Of the territorial govern
ment; conflicts with the Constitution @
the national statutes, is void and subjer
10 repeal by Congress. The compromis
acts Of 1850, Of which we hear 90 muc
Of late. and on which the gentleman fror
Georgia Mr. Stephens takes his stant
in terms recognizes the power of Con
gress 10 prevent the taking effect {
such acts, by a simple disapproyal G
them.
The President recognizes the force {
The Constitution, to restrain the exercis
Of popular sovereignty in the Territorie
onI iha nn,uor nf Cono craze ~ ranaaI ouc