Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-01-31

legged impreseiptible right of equality Of the
several States the fret Congress and Wasbing ton
and the people Of the United States were guilty
Of that violation. Perchance they had not learned
that the several States as States, had an impre
scriptible right to enslaye men throughout the ma
tonol territory, or that ten States, under the Con
s%sitation, might assert any such right,
That Congress had the power to exclude Slavery
from the Territories, and thereby impose statut,
restrictions upon new States, is clearly implied il
the deed OF cession made by North Carolina ant
accepted by the Congress Of 100, of the territor,
out OF which Tennessee has since become n State
That deed of cession contains these words;
"Prouided, That no regulations made, to or b,
made by Congress shall tend to emaucipato slave
therein"
Why this proviso, il Congress had no power b,
statute regulations to exclude Slavery from tn
Territories, aud even to emnncipate slave
thorein
The act of Tvs, for the government of the Mis-
s'sipyi Territory, contained one of those statute
restrictions which We are told violate the impr'
s%cr'ptiblc right of equality Of the several States ii
these words:
ut shall nc! be lawful for any person or per
sons to import or bring into the said Mississippi
Territory, from any port or place without the lin
Its OF the United States, any slave or slaves" "
And that every slave SO imported or brought shall
tbereupon be entitled to receive his or her free
DOM" Il United States Statutes, p. 54O)
The act of 1904, for the government OF the Ter
ritory of Orleans, in addition to th: same restric
tion imposed upon the Mississippi Territory, con
tains another restriction upon the several States
and the people, in these words
"No slave or slaves shall, directly or indirectly
be,intreduced into said Territory, except by a citi
izen of the United States removing into said Terri
tory for actual settlement, and being, at the time
Of such removal. bona tide owner Of such slave or
slaves" IL United States Statutes, p. 2S6, sec. TO-
In 1898 aud 1901 the original States were
en- ,aged in the foreign slave traffic. The
limitation of the ninth section of the first ar
ticle of the Constitution had not expired, and Con-
gress was thereby restrained from prohibiting the
importation of slaves, and the retention of them
as slaves within the original States /; bun Congress
did nevertheless, claim and exercise the power
by these two enactmentst to exclude this foreign
traffic in slaves from the Territories Of Mississippi
and Orleans and from the latter tho domestic
slave trade also.
The the power thus exercised by Congress over
the Territories is constitutional, and, unrc'
strained either by popular sovereignty or State
sovereignty. has been solemnly a~djudged by the
Supreme Court yet VIC are asked, with mock
gravity, viii you abide by the decision of the
Supreme Court, il it shall hereafter decide thai
Congress has not tho power thus tolegislateY T'
those who put this question, | reply, why die
you not abide tie decision of that tribunal, mad'
in the purer ard better days of the Republic
"bCh Ahh ciiAb . tGACh1iA ~ bh'AAAN'H 'ANNANN'
full.orbcd, illumed its decisions
The great question before the Court, in the cas-
to which / refer, was the power of Congress to leg
islate over the Territories, and the extent OF tina
power. This will become manifest by the state
ment of the case as set fourth in the opinion Of TIT
Court.
The plaintiffs brought their action to recover
certain books which had been sold pursuant to
decree Of a Territorial Court of Florida. The
competency of this Territorial Court to make the
- Ii. TIs- rn,-t ha1 nan sra a
lished pursuant to the act of Congress of 1923
which authorized its erection, and which also con
ferred and defined its jurisdiction. The validity
Of this Congressional act was denied, and upon
its validity the whole case depended. The Court
in the opinion pronounced By Marshall, Z. j.
Gays;
1.-THE course which the argument has taken will
require that, in deciding this question, TIE Cour
shall take into view the relation in which Floridi
stands to the United States"
After reciting the treaty of purchase the Cour
proceeds to say that the people of the Floridi
Territory do not participate in political power
they do not share in the Government till Florid
shall become a State. In the mean time fIorid
continues to be a Territory of the United States
governed by virtue Of that clause in the Constitu
ton which empowers Congress TO make all need
ful rules and regulations respecting the territor
or other property belonging to the United States
The Court adds, that the right to govern may b
IL ueNlltDle consequence VI tut llRub ~ Il
quire territory. Whichever may be the sourc
whence the power is derived, the possession of
is unquestioned."
The Court finally decides the very point made
as to the competency of the Territorial Courts, i
these words
"They arc legislative courts, created in virtue c
the general right of sovereignty which exists !
the Government, or in virtue of that clause whic
enables Congress to make all needful rules an
regulations respecting the territory belonging {
the United States" In legialating for them (th
Territories) Congress exercises the combined pow
ers Of the General and of a State Government"
The competency o. the Territorial Court wa
therefore sustained and the rule made pursuant
lite decree held valid. 1t is n little amuseing t
hear partisans say that this is mere dictum, so ia
rs it aiirms the power of Congress over the Teri
tories, or that other evasion, that the Court onl
decides that Congress when providing %terr:tortf
courts employs the combined power Of a Generf
and State Government, because of the unlimite
and exclusive jurisdiction Of the United State
in admiralty. The plain words of Chief Justic
Marshall leave no room for this evasion, and ez
clude any such conclusion. lie says:
"These courts 1.-THE territorial courts are nc
constitutional courts, in which the judicial powe
conferred by the Constitution can be deposited
They are incapable of relieving it"
lie decides that they are legislative courts crea
ted in virtue of the general right of sovereignty
in Congress to govern the Territories. Whateve
special pleading may be set up to evade the fore
Of this decision, one thing is clear, that in tn
judgement of the Supreme Court the people of tn
Territories. during the territorial organization
do not share in the government, that the excl
sive right to govern them, is in Congress, and tn;
Congress, in iegislating for them, for all purpose
exercises the combined power of the Central ar
OF a State government (American lnsuran'
Campanv ct al. as Canter, ! Curtis, p. 6S7.)
Is not the combined power of the General al
of a State Government, competent to exclude 81
very from and emancipate slaves within a Territ
rvf North Carolina and the Congress Of l7'
were of that opinion hence the limitation on Il
power of Congress in the deed of cession to wbiC
have referred.
Beyond all question the sovereignty over q
Territories is vested 10 Congress every act f
their government from the act of 1889 to the a
of 1854 proves this: Legislation is sovereignty