The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-05-10


nessee; and few years later Georgia ce'
ded that which now constitutes the States
of Mississippi and Alabama. In both
deeds of cession it was made a condition
by the oeding States that the Federal
Government should not prohibit Slavery
in the ceded country. Under these cir
cumstanccs, Congress. on taking charge
OF these countries, did not absolutely pro-
hibit Slavery within them. But they did
interfere With it-take control of it-even
there to q certain extent. In 1898, Con-
gress organized the Territory of Missis.
sippi In the act Of organization they
prohibited the bringing of slaves into
the Territory, from any place without the
United States, ey fine, and giving free
dom to slaves so brought. This act pass
ed both branches of Congress without
Yeas and Nays. In that Congress were
three of the Thirty niue" who framed the
original Constitution. They were John
Lsugdou, George Road. and Abraham
Baldwin. They all. probably. voted Tor
it. Certainly they would have placed
their opposition to it upon record, if, 10
their understanding. any line dividing To-.
cal from Federal authority, or anything
in the Constitution, properly forbade the
Federal Government to control as to Sla.
very in Federal territory.
In 1903, the Federal Government pur.
chased the Louisiana country. Our for
mer territorial acquisitions came from Ger
tain Of our own States; but this Louisiana
country vas acquired from foreign ma
ton. In 1904, Congress gave Terrific
rial organization to that part of it which
now constitutes the State of Louisiana
New orleans, lying within that part, was
an old and comparatively y large city
There were other considerable towns and
settlements, and Slavery was extensively
and thoroughly intermingled with the
people Congress did not, 10 the Terrific
rial act, prohibit Slavery; but they did
interfere with it--take control Of tin q
more marked and extensive way than
they did in the case of Mississippi. The
substance of the provision therein Eade,
in relation to slaves, was:
First. That no slase should be i'm
ported into the Territory from foreign
parts.
Second: That no slave should be car.
ried into it who had been imported into
the United States since the first day of
May, 1898.
Third That DO slave should be car
ried into it, except by the owner, and for
his own use as settler; the penalty in
all the cases being fine upon the viola
tor of the law, and freedom to the slave.
This act also was passed without cas-
and Nays. In the Congress which passed
it. there were two of the thirty nine. y
They we're Abraham Baldwin and Jona-
than Dayton. As stated in the case of
it is probably they both voted
for it, They would not have allowed it
to pass without recording their opposition
to it, if, in their understanding, it viola
ted either the line properly dividing To-
cal from Federal authority or any provis-
ion of the Constitution.
In 1919 20, came, and passed the Mis-
souri, question. Many votes were taken.
by yeas and Nays, in both branches of
Congress, upon the various phases of the
general question. Two of the thirty
niDe"-Rufus King and Charles PickDey
members of that Congress. Mr..
King steadily voted for Slavery probibi-
ton and against all compromises. while
Mr.. Pickney as steadily voted against
all compromises. BY this Mr.. King
that in his understanding, no line divi
ding local from Federal authority, nor
snything in the Constitution, was violated
BY Congress prohibiting Slavery in Fed
eral territory; while Mr.. PinckBey, by bis
votes, showed that in bis understanding
there was some sufficient reason for oppo
sing such prohibition in that case.
The cases have mentioned are the
only acts of the "tbirty nine" or of any
of them. upon the direct issue, which |
have been able to discover.
To eDumerste the persons who thus ac
ted, as being four in 1884, three in 1857,
seventeen in 1889, three 10 1898, two in
1904, and two in 9.20-there would
thirty one of them. But this would be
counting John Langdou Roger Sherman,
William Few, Rufus King, and George
Read, each twice, and Abraham Baldwin
four times. The true member of those Of
the thirty nine" whom | have shown to
have acted upon the question, which, By
the text, they understood better than we,
is twenty three, leaving sixteen not shown
to have acted upon it any way.
Here. then, we have tweDty-threo of
our thirty mine" fathers who framed the
Governmint under which We live, who
have upon their official responsibility and
their corporal oaths, acted upon the very
question which the text affir they sun.
derstood just as well, and even better
than We do Dow;" and twenty-oDe of them
"a clear majority of the whole thirty
nine'-so acting upon it as to make them
guilty of gross political improperly, and
wiIlful perjury, if in their understanding,
any proper division between local and
Federal authority, or anything in the Con-
stitution they had made themselves, and