True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-02-04
VOLUME S.-NUMBER 8

Stltullon, might assert any such right.
That Congress had the power TO ex
clude slavery from the Territories. aud
thereby impose statute restrictions upon
new States is clearly implied in the deed Of
cession made by North Carolina, and &C.
cepted by the Congress of 1890, Of the
territory out of which Tennessee has
since become a State. That deed Of ces-
sion contains these words:
Provided, that no regulations made,
or to be made, by Congress, shall tend to
emancipate slaves therein"
Why this proviso, if Congress had no
power by statute regulations to exclude
slavery from the Territories, aud even to
emancipate slaves therein!
The act Of 1903, for the Government
of the Mississippi Territory, contained
one Of those statute restrictions, which
we are told violate the imprescriptable
right Of equality of the several States in
these words
/" 1t shall not be lawful for any person,
or persons, TO impart or bring into the
said Mississippi Territory, from any port
or place without the limits of the United
States, any slave or slaves. n "And
that every slave so imported or brought,
shall, thereupon, be entitled to bis or her
freedom United States Statutes,
p, $50.
The act Of 1904, for the government
Of the Territory of Orleans, in addition
to the same restriction imposed upon the
Mississippi Territory, contains another
restriction upon the several States and
The people, in these words:
mo slave or slaves shall, directly or
indirectly, be introduced into said Terri,
tory, except by "a citizen Of the United
States remoUing into said Territory for
actual settlement, and being at the time
of such removal, bona fds owner Of such
slave or slaves. - United States Stat
utes, p. 266, sec. 10.
In l79S and 1904 the original States
were engaged in the foreign slave traffic.
The Limitation of the ninth section of
the first article Of the Constitution had
not expired, and Congress was thereby
restrained from prohibiting the importa-
ton of slaves and the retention Of them
as slaves within the original States; but
Congress did. nevertheless, claim and ex-
ercise the power by these two enactnents
to exclude this foreign traffic in slaves
from the Territories of Mississippi and
Orleans; and from. the latter the domestic
slave trade also.
That the power thus exercised by Con-
gress over the Territories is constitutional,
and unres,rained either by popular SOW
ereignty or State sovereignty, has been
solemnly adjudged by the Supreme Court
yet We are asked, with mock gravity,
Will you abide by the decision of the
Supreme Court. if it shall hereafter de.
eide that Congress has not the power thus
to legislate 7" To those who put this
question, Ireply, why did you not abide
The decision Of that tribunal, made in the
purer and better days Of the Republic,
when Marshall's splendid and brilliant
intellect, full-orbed, illumed its decisionsl
The great question before the court, in
the case to which | refer. was the power
of Congress to legislate over the Terrific
ries, and the extent Of that power. This
will become manifest by the, statement of
the case as set forth in the opinion Of the
court.
The plaintiffs brought their action to
recover certain goods which had been sold
pursuant 10 a decree of territorial court
of Florida. The competency of this ter
ritorial court to make the decree. was de-
MED. This court had been established
pursuant 10 the act Of Congress Of 1928,
which authorized its erection, and which
also conferred and defined its jurisdiction.
The Ualidity of this congressional acl
was denied, and upon its validity the
whole case depended. The court, in the
opinion pronounced by Mr.. Marshall, c.
j., says:
"The course which the argument has
taken will require that, in deciding this
question, the court shall take into view
ihe relation in which Florida stands to
the United States.'
Alter reciting the treaty Of purchase,
the court proceeds to say that the people
of the Florida Territory "do not parti'
cipate in political power; they do moi
share in the Government till Florida shall
become State. In the meantime Flori.
da continues TO be Territory Of the
United States, governed by virtue Of tha:
clause in the Constitution which empow-
ers Congress 'to make all needful rules
and regulations respecting the territory OF
other property belonging TO the United
States" The court adds. that ,.the righ
to govern may be the inevitable conse-
quence Of the right to acquire territory.
Whichever may be the source whence
the power is derived, tAepossession Of 4
IS ,tnqusstioned ("
The court finally decides Tie very point
made, as TO the competency Of the terri.
torial courts, in these words
isSThey are Legislative courts. created
IN virtue Of the general right of 'soyer'