Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-04-24

clusion therein Of the power to permit or pro
hibit Slavery in the territories.
II has already been stated that after the
government Of the United States was organ
ized under the Constitution, the temporary
government of tho territory northwest Of the
river Ohio could no longer exist, save under
the powers conferred on Congress by the Con-
stitution. Whatever legislative, judicial or
executive authority was exercised therein
could be derived only from the people of the
United States under the Constitution. And,
accordingly, an act was passed on the 7th day
Of August, 1889. 4 Stats. at Large, 50),
which recites
"YiereIs In order that the ordinance Of the United
territory northwest Of the river Ohio, mry continue 70
htse fm sfei, is required that certain provisions
should be uade 70 adapt the same to the present
Constitution Of the United states"
IL then provides for the appointment by the
President Of all officers, who by force Of the
Ordinance, were to have been appointed by
the Congress Of the Confederation. and their
commission, in the manner required by the
Constitution and empowers the Secretary Of
the Territory to exercise the powers of the
Governor in case of the death or necessary
absence Of the latter.
Here is an explicit declaration of the will
Of the first Congress, Of which fourteen men,
bcrs, including Mr.. Madison, had been mem
bers of the Convention which framed the
Constitution, that tho Ordinance. one article
Of which prohibited Slavery, "should con
tinuc to have full effect" Gen. Washington,
who signed this bill, as President, was Pres
ident Of the Convention.
It does not appear to me to be important,
in this connection, that that clause in the Or
dinance which prohibited Slavery was one of
"a .E .,r, -
compact. The Congress of the Confedera-
ton had no power 60 make such a compact.
nor to act at all on the subject, and after what
had been so recently said by Mr.. Madison on
this subject in the 3sth number of The Fed
eralist, / cannot suppose that he or any others
who voted for this bill attributed any intrinsic
effect to what was denominated in the Ordi-
nance a compact between "the original States
and the people and States in the new terrific
ry,' there being no new States then in exist
once in the territory with whom compact
could be made. and the few scattered inhabi-
tants, unorganized into political body, not
being capable Of becoming party to treaty,
even if the Congress of the Confederation had
dad power to make one touching the govern
ment of that territory
/ consider the passage of this law to have
been an assertion by the lst Congress Of the
power Of the United States to prohibit Slav-
cry within this part of the territory of the
United States for it clearly shows that Slav-
cry was thereafter to be prohibited there, and
it could be prohibited only by an exercise of
the power of the United States, under the
Constitution, no other power being capable
Of operating within that territory after the
Constitution took effect.
On the ID of April, l790,.(l Stats. at
Large, 1867 the lst Congress passed an act
accepting deed of cession by North Carol-
ma of that territory afterwards erected into
the State of Tennessee. The fourth express
condition contained in this deed of cession,
after providing that the inhabitants of the ter
rtory shall be temporarily governed in the
same manner as those beyond the Ohio, is
followed by these words "Provided dlt0ays,
that no regulations made or to be made by
Congress shall tend to emancipate slaves"
This provision shows that it was then un-
derstood Congress might make regulation
prohibiting Slavery, and that Congress might
also allow it to continue to exist in the terri
tory; and accordingly then, few days later,
Congress passed the act of May 20th, l790,
Il Stats. at Large, 1881 for the government
of the territory south Of the river Ohio it
provided And the government of the ter
ritory south of the Ohio shall be similar to
that now exercised in the territory northwest
Of the Ohio, except so far as is otherwise pro-
vded in the conditions expressed in an act Of
Congress of the present session, entitled San
act to accept a cesson of the claims of the
State of North Carolina to a certain district
of western territory" Under the govern
ment thus established slavery existed until
the territory became the State of Tennessee.
On the 7th Of April, 1898. Il Stats. at
Large, 5iS,) an act was passed to establish a
government in the Mississippi Territory in all
respects like that exercised in the territory
northwest of the Ohio, excepting and ex-
Guiding the last article of the Ordinance made
for the government thereof by the late Con-
gress, on the 3th day Of July, 1857" When
the limits Of this territory had been amicably
settled with Georgia, and the latter ceded all
its claim thereto. it was one stipulation in
the compact of cession, that the Ordinance of
July l3, 1897, "shall in all its parts extend to
the territory contained in the present act of
cession, that article only excepted which for
bids slavery" The government of this ter
ritory was subsequently established and or
ganized under the act OF May 10. 1900; but
so much of the Ordinance as prohibited Slay-
cry was not put in operation there.
TO be coneluded.)