The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1858-09-09

of the Tennessee territory by North Caro-
lima, in 1890, in which, as condition
of that cession, it was provided that Con-
gress should make nc regulation tending
to the emancipation Of slaves in the ceded
territory; also the cession Of the Missis-
sippi territory. in 1898. which likewise
inhibited Congress from passing any
law abolishing slavery therein and there
from the Civilian. very assininely. in our
opinion. deduces the argument that Con-
gress had no control over slavery in the
territories. Pray Mr.. Civilian, il Con-
gress had no such power-if, to use your
own words, Nothing is palmer than
that Congress considered it out of its
power to legislate on the question at all
in the territories" why was it necessary
fcv the people Of North Carolina to place
in the deed Of cession clause prevent
ing Congress from 50 legislating? The
fact proves the reverse of your deduc-
tion-proves conclusively that the peo-
pie Of North Carolina deemed it entirely
within the province Of Congress to pro-
hibit Slavery in the territories, and in
order 10 prevent it from SO doing. insert
cd this provision in the act conveying
this territory to the general government.
No argument can be stronger than this
very case Of the Mississippi territory
furnishes. to prove that the power Of
Congress TO legislate for the territories
Was both granted and acted upon at this
early daytof the Republic-granted and
acted upon BY the very men who formed
the Constitution, and knew what power
was or was not transferred from the
States to the general government. The
act establishing government in the
Mississippi territory was passed on the
9TH Of April, 1898, and prohibited the
importation Of slaves into that territory
from any place without the limits Of the
United States--ten years before Congress
was authorized by the Constitution to
prohibit the importation Of slaves into
the States, thus showing that Congress
claimed and exercised the privilege Of
depriving the citizen of territory Of a
right which, AZ citizen of State, he
was entitled to--just as we contend that
q STAKEHOLDER loses the rights which he
possesses under the laws of State. when
be enters territory of the United States.
This clause Of the bill passed both hou-
ses without division, and shows, in
the language of Mr.. DIX, Of New York,
in speech delivered in the U. s. Senate,
June 26, l848, then and now Demo-
crat. "The undisputed Interpretation
put at that day on the Constitution of the
United States. in respect to the powers Of
Congress over every matter of domestic
concern in the territories belonging to
the United States, and especially over the
subject of slavery, the most delicate of
ALL"
But this is not the only case in which
Congress legislated over the subject Of
slavery in the territories. In the organic
acts Of Ohio, Indiana. Illinois. Michigan.
Wisconsin, Iowa, Minnesota and Oregon,
q clause prohibiting Slavery was inserted.
The Oregon bill contained the same pro-
vision when it came from the hands of
Mr.. DoUGLAs. in I847, he being then
chairman of the Committee on Terri
tories in the House, and he advocated
and voted for it. showing that be. At that
time. was not opposed to Congressional
interference with slavery in the terri
tories.
There is another case, which, occur
ring shortly after the formation of the
Constitution, is interesting, as showing,
like the Mississippi case. not only the
opinion of the trainers of the constitution
and their cotemporaries. upon this matter
Of congressional control over the Terri
tories, but also their great desire to cur
tail, as far as possible, the area Of that
Institution. When Louisiana was &C.
quired. slavery already existed therein,
and no restriction on the tenure of slaves
held there could be made without inn
pairing vested rights Of property under
the local law, which the United States
had covenanted in the treaty of cession
to maintain and protect. But. in the
act dividing the Territory Of Louisiana
into two territories, passed 26th Of March
1904, three provisions were incorporated,
all de signed to initiate against that In
stitution, and prevent its extension
These were-lst. The importation of