Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1860-04-04

ION on that precise question In 1889. By
the first Congress which sat under the Con
stitution, an act was passed to enforce the
Ordinance ofo7, including the prohibition
of slavery in the Northwestern Territory
The bill for this act was reported by one of
the "thirty-nine," Thomas Fitzsimmons,
then Member Of the House of Representa-
tivos from Pennsylvania. 1t went through
all its stages without word of opposition,
and finally passed both branches without
yeas and nays, which is equivalent 10 n
unanimous passage. In this Congress there
were sixteen of the "thirty nine" fathers
who framed the original Constitution -
They were:
john Langdon. Thos. Fitzsimmons
Nicholas Gilman. William Few
VIM. S. Johnson, Abraham Baldwin.
Roger Sherman, Rufus King,
Robert Morris, William Patterson.
George Clymer. Richard Basset,
George Read. Pierce Butler,
! Daniel Carroll, James Madison,
This shows that, in their understanding,
no line dividing local from Federal authori
ty, nor anything in the Constitution, proper
I ly forbade Congress to prohibit slavery in
the Federal territory: else both their fidelity
to correct principle, and their oath to sup
port the Constitution, would have con
strained them TO oppose the prohibition
I Again, George Washington, another of the
/ "thirty-nins, was then President of the
/ United States, and as such. approved and
7 signed the bill, thus completing its validity
I as n law, and thus showing that, in his un
/ derstanding, no line dividing local froti
Federal authority, nor anything in the Con.
stitution, forbade the Federal Government
TO control as TO slavery in Federal territory.
No great while after the adoption OF the
original Constitution, y North Carolina ceded
I 10 the Federal Government the country now
constituting the State Of Tennessee; and n
/ few years later Georgia ceded that which
now constitutes the States of Mississippi and
/ Alabama. In both deeds Of cession II was
made condition by the ceding States that
the Federal Government should not prohibit
slavery in the ceded country. Beside this,
slavery was then actually in the ceded
country Under these circumstances, Con-
gress, on taking charge of these countries,
did not absolutely prohibit slavery within
them. But they did interfere with it--take
control ofit-eyen there, to certain extent.
In lI9s, Congress organized the Territory
of Mississippi. In the act of organization
they prohibited the bringing of slaves into
the Territory, from any place without the
United States. by fine, aud giving freedom
TO slaves so brought.
This act passed both branches Of on
gress without Yeas and Nays. In that
Congress were three of the thirty uine"
who framed the original Constitution
They were, John Langdon, George Reed,
and Abraham Baldwin. They all. prob
ably, voted for it. Certainly they wou Id
have placed their opposition to il upon
record, II. in their understanding, any line
dividing local from Federal authority, or
onythino In tho GorcftTuftnp nroparlv for
bade tie Federal Government to- control as
/ to slavery in Federal territory. In 1903
the Federal Government purchased the
Louisiana country. Our former territorial
acquisitions came from certain ofour States;
but this Louisiana conntry was acquired
/ from foreign nation. In 1904 Congress
+ gave Territorial organization to that part
of il which now constitutes the State of
Louisiana. New Orleans, lying within that
/ part. was an old aud comparatively large
city. There were other considerable towns
and settlements, and slavery was exten-
sively and thoroughly intermingled with
the people. Congress did not, in the Ter
ritorial act, prohibit slavery but they did
interfere with it-take control of it-in a
more marked and extensive way than they
did in the of Mississippi. The substance
Of the provision therein made, in relation TO
slaves, was:
First-That no slave should be imported
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.
ThiTd-That so slave spould be carried
into it, except by the owner, and for his
own use as settler-the penalty in all
cases being fue upon the violator of the
law, and freedom to the slave.
This act also was passed without Yeas
Nays. In the Congress which passed it,
there were two of the "thirty nine" They
were Abraham Baldwin and Jonathan
Dayton. As stated in the case of Missis.
sippi, it is probable they both voted for it.
They would not have allowed it to pass
without recording their opposition TO il, if,
in their understanding, 1t violated either
the line properly dividing local from Fede
raj authority or any provision Of the Con-
sttution.
In 1919 90, came. aud passed. the Mis-
souri, question. May votes were taken by
Yeas and Mays, in both branches Of Con-
gress. upon the various phases Of the gen
eral question. Two Of the "thirty nine
Rufus King and Charles Pinckuey-wore
members Of that Congress- Mr. King
steadily voted for slavery prohibition, and
against all compromises. By this Mr..
|, King show ed that, in his understanding,
no line dividing local from Federal author.
ity, nor anything in the Constitution, was
, violated by Congress prohibi ting Slavery
| in Federal Territory; while Mr.. Pinckney,
by his votes, showed that in his under
standing there was some sufficient reason
for opposing such prohibition in that case.
SUMMARY or THE SAcTs-roScLUsIoS IRRRE-
sIsTIBLE.
The cases | have mentioned are the only
acts of the "thirty nine" or any of them
upon the direct issue, which | have been
o able to discover. To enumerste the per
: sons who thus acted, as being four in 1884
I three in 1877, seventeen in lis three ia
i 1893. two in 1904, aud two in 1890
e there would be thirty one Of them. But this
would be counting John Langdon, Roger
J. Sherman, William Few, Rufus King and
5 George Read, each twice. and Abraham
: Baldwin four times. The true number o
n those of the "thirty-nine," whom ] have
s shown to have acted upon the question
l. which, by the text, they understood bettel
Is than we, is twenty three, leaving sixteer
" not shown to have acted upon il 10 any
) way Here then. we have twenty three o
n our "thirty nine" fathers who framed tn,
lONetntDeUb Which VIC AA'Nf WV
have, upon their official responsibility
and their corporal oaths, acted upon th'
/ very question which the text affirms thel
,e "understood just as well, and even better
Ne than we do now" and twenty one of then
= "A clear majority Of the whole thirty
IN nine-so acting upon it as to make then
y guilty of gross political improperly, ant
r. wilful perjury, if, in their understanding
= any proper division between between loca
as and federal authority, or anything in tn
70 constitution they had made themselves
ir and sworn to support, forbade the fedora
m government no control as TO slavery ~ tn
= federal territories. Thus the twenty on
70 acted; and ~ actions speak louder lha
v words. 20 actions Ender spch responsible
" speak still louder. Two Of the twenty
at three voted against Congressional promo
q tion of slavery in the federal territories,
the instances in which they acted upo
at the question. But for what reasons the
n. so voted is not known. They may nav
i. done so because they thought proper d
- - of iocal from federal authority,