Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-03-20


Secondly II not, were they free by reason
Of their removal to Rock Island, Illinois.
Tho act of Congress on which the plaintiff
relics contains the clause that Slavery and in
voluntary sorvitudc except for crime, shall be
forever prohibited i'm that part of the Terrific
ry acquired by treaty from Louisiana, and not
included within the limits of the state Of
Louisiana. Tho difficulty which meets MS at
The threshold is, whether Congress is author
lied TO pass such law undor the powers
granted to it by the Constitution The plain
hH dwclls much on the clause which gives
Congress power "to make all needtM rules
and regulations respecting the Territory or
other property Of the United States. But
this provision has no bearing on the present
controversy The power the Eivon is con-
fined to the Territory which then belonged to
the United States. and can have no influence
ON Territory which was acquired from foreign
Governments The Justice then referred Co
the cession4 of land by Virginia and other
States. sayin- tAo only object was TO put au
end 10 cyi. ting controversies, and 60 enable
Congress 20 dispose of the lands for the COM
mon benefit Undoubtedly tho power of SOW
erciguty and eminent domain was coded i'm the
act This was proper o. make 10 essential.
There was then mo- Government i'm existence
with enumerated powers. What were called
the states wcro thirteen independent Colo
nic.' winch entered into confederation for niue
tam protection lt was httle more than
congress OF Emoassadors' III Which an hao
common concern IL was TINS congress Wn'oh
accepted tine cossion nom Virginia. lhcY
had mo- right TO do so under the articles oftho
CoHederation. hnt they had right as lnl'-
pendent powers to accept the land for the
r.rfr,.r, hnurgf mud 90 ). r1nar ha.fur mo lii-
pcrior to control them, they had right TO eX-
creisc absolute dominion, subject only TO the
restrictions which Virginia imposed. The
ordinance of 1887 was adopted by which the
Territory should Be governed and among
other provisions was one that Slavery or in-
voluntary servitudc should be prohibited. cN-
cept for crime.
This was the state of things whom the Com
stitutiou was formed The territory ceded by
Virginia belonged TO the several confederate
States as common property. The States wero
about TO dissolve the Confederation. and sur
render a portion of their power for the for
nation of a new government. and the llu-
guage used limited and specified the objects
70 be accomplished II was obvious that
some provision was now necessary TO give the
now government the power to carry into eff
feet every object for which the territory was
ceded 1t was necessary that the lands should
be sold to pay the war debt, and that power
should be given 70 protect the citizens who
might emigrate with their rights OF property;
arms, military stores, Jas well as ships OF
war, were the common property OF the
states existing in their independent charac-
ter and they had a right TO take their prop
"erty to the territory without the authority
= OF the States. The oblee' was to place
these Things under the sraralansh'p OF now
Government, which gives Congress the power
TO make aI heediul rules ana regulations
respecting the territory or othet propettj
OF tAa mteI S'2tes- y ahfAo1 onl! 20
property held IN common g. sae t'ine' ana not
"lth reference 20 any property "n.ch uhe SOW
ere'Sn's nl'sn' ugu''! acquire IL "P
'"'' 10 'Ne 'eiii'.iE '".N Az N's '',iIu ,. "'i"
Nho"h as 'he ''iii'o'y ol 'ue OH'''" '.a1e7
-tAon IN the ln'nI7 %. 'h' H","'i5 %! tno
Noh''''d'lon. 10 roior5 20 pne sue on '"-17
ol money ln'' Is "'.'1Toh' .lo'n Ltg power
10 leslslA'' over tAo '.rIil'rles' l'u tue
words 700 make AN neooIu. RUE. am" reg u'',
uoh7 57p'c"l5 .lo ''Fr''ol! " are oIUP.o9
tne words "'"" orr" P,,'P,. iy Oh 'le OnlIou