The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1860-08-24

~ BO'Ns w icfa 'S'h'
tn the subject OF slavery in the tel
rtories. 1t is not enough that W
roint them TO the fact that the frs
Congress, assembled after the adopt
ion Of the Constitution, compose,
largely OF the great and good men q
that period, who made the Constitu
tioh affirmed and pcrpetuated, b.
positive Legislation, the Orjinanc
of i7S7, which expressly prohibite
slavery in every foot of territory the
belonging to the general government
1t avails nothing when we show then
that General Washington, who wa
J President of the Convention whic
framed the Federal Constitution, WA
President of the United States at tn
time this Ordinance OF freedom WA
lssSI' '''I i7. Congressional action
ahd, under the sanction or an oatI
to support that instrument, CAV,
that law his official approval. 1t il
not enough that we point them tc
the historical fact that every Presi
dent, from Washington to Polk
recognized the power OF Congress tC
lcgislate on this question, by sign
ing acts which directly assumed con
troll of this question. 1t is moi
enough that we establish the TACT
from the record, that Chief Justice
John Marshall clearly affirmed the
power of Congress, under the Con.
stitution, to legislate on this subject
and that the various state Courts o
the sIave-holding states have repeat.
ed'y affirmed the cons.itutiorality,
not only of the Ordinance Of 1887,
but also OF the Missouri Compromise
While they will admit that such has
been the history Of this question.
and such the practice OF Ali uo DO
partmcnts OF the Federal Govern
ment in reference to it, for more
than sixty years, they yet contend
that we are wiser than our tathers,
and understand better than they the
"true intent and meaning OF the
Constitution"
3nt what will they say if it shall
appear, from the record, that as late
rs June, 1850, Senator Douglas, the
man who row denies 80 vehemently
that Congress may constitutionrlly
touch this subject of slavery. admit
ted that in his opinion Congress
conld pass laws cxclu!ing negro
slaves from the territories! The tol
loving extract from pages 1ll5 and
lll6 oi the COng1eSsi0nM Gi0be tor
Is 10 80 shows, beyond dispnte, tha,
Senator Douglas was once u believer
in the doctrine that Congress has the
power, nnder the Constitution. to
prohibit slavery in the territories. -
The Compromise bill OF 1850, wns
under discussion in the Senate, and
Mr.. Douslas, in reply to Jefferson
Davis, OF Mississippi, said:
"But. sir, | 10 not hold the doc
trine that to exclude any species Of
property by law from a territory, j.
violation of any right to property
Do you not exclude banks from
most of the territories! Do you not
exclude whisky from being intro
luced into n large portion OF the ter,
rtory Of the United States Do you
not exclude gambling tables, which
are pro crIy recognized rs such in
the states where they are tolerated:
And has any one contendcd that the
exclusion of gambling tables, and
the exclusion o, ardent spirits was q
violation OF any institution Il priv
ilege or right! And yet it is tn,
case 10 n large portion OF the terri
tory of the United States: but ther
s no outcry against that, because i
is a prohibition OF specific kind o
property, and not prohibition
against any section Of the Union.-
Why, sir, our laws now prevent I
Tavern Keeper from going INTO SOM
ofthc territories of the United States
and taking a bar with him, and usini
and selling spirits there. The la,
also prohibits certain other descrip
tons OF business from being carrie
on in the territories. am not, there
FIRE, prepared to say that under tn
O. institution we have not the powC
TO pass laws excluding negro slave
from the territories!'
! 1t would seem from the above tn,
Mr.. Douglas was not in 1850 s
much OF squatter sovereign az h
now ia. He was then willing
admit that Congress might const
tutiouaIly prohibit the introduction
not only of banks, and gamblin
: tables, and whisky, but also negl
slaves, into the territories of II
+, United States.
, But this is not all. Mr.. Dongli
, was Chairman of the Committee c
Territories, ipithe House of Rrpr
, sentativcs, Got Congros-) in 1916, Al
introduced the Oregon bill on Il
, 23rd OF December, of tina. year
!, The l+th section ol that bill extern
a ed tho principle of the Ordinance
1857, o~er Oregon, which express
. prohibited slavery. Mr.. Dougl
4 also voted for a clause in that b
/, which reads as follows:
: "lH lars passed By the. legislat
Ia assembly shall he Submitted To The u
!. grcSS Of The United States, and il d
- approred shall be null and roidI'
}. Mr.. Douglas also reported lin
Senate) an amendlpent to the Oreg
Dr. bill, as follows:
c. provided, That no act of the I
a ritolial Legislature shall become
I'd law until approved by the Governo
0 Thus giving to the Governor
a absolute, unqualified veto, aud
re sbling him, although appointed
Al 1.f -