Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1860-10-18

| community until it is entitled to form a Con-
| Stitution and erect sovereign state. Con-
greSs has decreed that this period shall arrive
when the Territory shall attain population
of little over ninety-three thousand. 1t
might it is true, have said less number. and
have been nearer right, but whatever the
number, in reason, its will is sovereign and de-
ciSve.
The government of the United States by q
treaty with q foreign power, Solemnly agreed
to maintain and protect in the free enjoyment
of their liberty and property and the religion
they profess all the people and inhabitants Of
the Louisiana purchase. This obligation is
still binding, aud that, too, in reference 10 those
peculiar institutions over which it is claimed
that Congress has no power-the domestic.
What most affects the domicl What
comes nearer home, the family and social rela-
tons than the right TO liberty, property and
religion? And if these are rghtfu subjects
of legislation by Congress why not Others
which as nearly pertain to bis domestic state
Why not slavery?
The clause We have placed at the head of
this article, places the matter on precisely the
same ground. 1t means all legislation which
a Territory needs, for Territory not being
sovereign, can have no lelations which are
not domestic, hence if Congress legiSlates at
all in reference to it, its legislation must have
the character of domestic legislation
But we admonished that this clause of the
constitution, has an application only to the
property of the general government in the
land of the territory and also that included
in navy yards, dock-yards, and the property
contained therein.
If this be so, the convention which framed
it was guilty of an unmeaning tautology, for
in its enumeration of the powers of Congress,
Art l, Sec S, this species of legislation
is expressly provided for, and why would the
convention provide for the same object twice
There can be no reasonable question, but that
the power to make all needful. rules and reg
ulationS respecting the territory includes the
power TO egiSlate upon its domestic condition
in all its parts and institutions, slavery in-
cluded.
Nor is this conclusion in the least weakened
by the terms used in confirming the power
To make &" needful rules and regulations is
entirely equivalent 10 enacting laws \ rule
is law q regulation has the potency of
law. The terms in this connection are synon-
imous-meaniGc the creating and enacting
power of Congress expressed in the usual
form, and emboJying the wisdom anu viii Of
the people.
There is nothing more true in the political
history of the nation, than that until a late
period, our public men-those whom we have
most delighted to honor-held to the opinion
that the convention which framed the cons;i-
tuition authorized the territorial prohibition Of
slavery by Congress Ii is vain to deny this.
That convention must certainly understood its
meaning. It consisted OF thirty-nine members
Sixteen of the thirtv-nine fresh from the de-
bates Of the convention, voted two years later
in the first Congress held under the constitu-
tions 10 confirm the JefTerSuGian ordinance
prohibiting slavery in al the territories then
held by the Cuited States How did these
men understand the constitution? As with
holding the power 10 iegj>late in its broaGest
sense upon the subject Of slavery in the terri
tories As Sanctoning slavery in any other
sense than as recognizing it in the states p
Certainly not But this is not all Seven
others Of the thir:y-nine. either before as
members Of the Congress under the conieler
alton, Or after as members OF Congress under
the constitution voted upon bills legiSlating
upon the subject Of slavery in the territories,
making twenty y-three-a majority OF all the
convention. Tins we see the principle OF Con
greSSional control over slavery in the terrific
rieS, was fully recognized nv the very men who
framed the coastitasiOn. There is no SOphis
try which can eVade these simple facts. They
stand out as land marks to guide uS,-aS pre-
cedents TO which We may recur,-as proofs
that the fathers Of the republic cherished no
doubts of the power of Congress to lesislate
and control the domestic institutions of the
and lv
And there were great men in that COnyen-
Washington, Franklin, Madison King,
Sherman, Piukney, Rutledge aud others,-s
galaxy, q constellation, which even now ilu-
miues our political horizon with the splendor
and glory Of its patriotism, and will through
all time.
in the Congress which Immediately follow
ed the conveutiOn-the first under the conSti-
tutiun-JsmeS Madison was a leading and in
fueniial member, be having been member Of
the constitutional convention also Would De
not hare denounced as unconstitutional the
Jefersouian ordinance when it was submitted
for confirmation aud enforcement, bad such
been bis private opinion, or had II been 50 con-
Sidered in the convention two years before
Woudld not Others Of the sixteen have done
the same, and yet the vote to confirm was not
opposed by any member north or sonth. The
expression was unanimous in favor OF the or
diuance, so far as unanimity can be predicated
Of vote where the yeas and nays were not
called. And further George Washington was
also a member OF the constitutional convention
and was now President undeF the constitution.
Would be have signed the conhrnatory bill
had he doubted its coast!tusionality, or ques-
toned the power of Congress thus to legisiatef Z
He wonld not, have done it, be could not IN
der his oath OF Office.
In like manoer every executive OF the go