New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-28

r. and
which now constitutes the States OF Missirs pp
Alabsma In both DECIDE Of ceeson II vas hS ~ corn
dition by the cednR States that the re iJ nnntrv
me n. should not prohirt 81 .very in th' cehsu
pa;1a th; Slavery y, a. then acuallg IN the oe1ea
try Under these circumstances 0VpsIo,e 49, ,robbit
charge of these countries, did rot apsoS ,;,b It.,
Slavery within them. Bot the! GU IAN extent In
tske control of-even there, 70 cel'a usss.;oo,
1sos Cnoress o,ran zed the Territory OF n'itP
In the act of organization they prooo''i.u Lon tb
Of slaves into the Territ0rt trom Guy Pi ~, l al
! Iin;,sd States by fne and giens iFeeu ' IS Gss
me 1h,,s act na,sei both branches "' 'o"S'-ss
without Yeas and Nays. In thas House ;r T,;,
If The "thirty nine who framed Tue orHiua I
- qbex " ere John LaDgdon, GeprSe iVot' anu
M.ba,o RaIduin They all, probably, Votu lor ~
S,.oiriy thew would have placed their opposition 10
mon record IT, in their understanding any llha oWi'
inc local from Federal authority or awning N .ne
Crst,tntion properly forbade the Fedora Government
a. control AZ to S ave i'll Federal terrlto'y.
In 1863, the Federal Government purchased the
Iouisia country. Our former territorial acquisfons
came from certain of own States; but this Lous-
lana country acquired from foreign nation In
IseA Congress gave Territorial organization - that
part Of il which constitutes the safe OF LOUIS
lana. Eew0rleans, lying within that part, was an
old and comparatively large city. There we've o'h4r
considerable towns and settlements, and Slavery "a'
extensively and thoroughly intermngied with the
people Congress DID not, IN the Territorial Act pro-
tjbit Slavery; but ibey did interfere with lt-tsse
control of tin @ more marked and extensive way
than thew did in The case Of Mississippi. Inc sub
siapce Of the provision therein made, IN relation "
slaves, was: "
First. Tha. no save should be imported into the
| Territory from foreign para.
Second That no slave should he carried into 1t who
had been imported into the United States since the
| first day of May, 1893.
Third Tat 10 slave should he carried into IT, ex-
| rent hy the owner and for bis own as sstter
the islty in al the being hOe upon the vio-
lator of tie law, sod freedom TO the s'4ye
This act also was passed without Yeas and Nays:
In the Congress which rass it, there were ;9o Of
! the Thirty .nbe." They were Abraham Bald~iD and
Jonathan DAYTON As stated in the case OF Mississippi,
il il probable they both voted FOR It, They wouId Dos
have allowed it TO pass without TecoI pe oPp0s-
tion 10 it, IT, in their uuders'aL ding II violated either
the line properly div ding local from Federal Authority
| or any provision of the Constitution.
in 1890, came, anc passed, the missouri question.
MANY votes were tasen, by Yeas and Nays in botn
brsches Of CoIg Tess upon the various phases OF the
general oueston. Two of the thirty nine Ruiuf
King ard Charles PncsDey-were me noers OF tha'
Congress. Mr.. King steadily voted Tor slavery pro-
| hibton and against all compromises, while Mr. Pnck.
new as steaoily voted against Slavery proabi n ano
|, against all compromises. BY THIS Mr. hipg showeu
that in his understanding no Line olv'drg I-ca1 IRON
Federal authority any JbCg the CONSTITUTION "at
| viol.ted by Congress pIobioUog Slavery In Federal
territory; while Mr.. Pipckney, by his votes, showed
that IN his UNDER landing there was some suhcien
reason for opposing such prohibition In that cSee
, The cases have ueuti0n-d the ooiy acs OF the
"thirty nre" or Of any of them upon the direct Issue
which ] have been able 10 discover.
To enumerate the persons who thus acted, 90 oelng
four in I7S4 three in l7S7 seventeen IN l1e9 three III
1888 wv in 1904 and two in 1sl92-there would DC
thirty of them. But this would be counting John
Lapedon, Roger Sherman, William Few, kuins hing,
and George Read each twice, anc Abraham BALDWIN
four t1nep. The number OF those OF tte thirty
nine" whom / have shown TO have acted upon zoe
que son which, BY the text, they undeis ooa oe'tsr
than Se is twentyhree, leaving sixteen not sho"h
70 have 2cted upon IL N any way ,.
DeJe then, We have twenty three OF our " thr,y
me" fathers who framed the Government under Wnee
We live, who bave, upon Their ohcai reePohsiolily
- H. 10 err
which the text affrms they understood J1st "a Well,
and even better than DO now " and twenty Que OF
> tbem-a clear majority Of tie whole thirty -oue -
so acting upon It As to make them guilty OF gross
Is political improprety, and wltO perjury, IT, IN Their
e understanding any proper divfon between local ao
n Federal authority thing in the Constitution they
ID had themselves and sworn 10 support forbade the
Federal Government to control as 10 Slavery In The
he Federal Territories. Thus the twenty one actd and
actions esk louder than n! Tordf 80 acn0nS uhoe
'e such res; opsibiIy speak siill louder.
Two of the twenty th ee voted against congress
10 sions prohibition OF Slavery in The te"era Territories
le Ill the in which they acted upon the
nt But for " hat reasons they voted ID not known
e They NAV have done because they thought proper
d divon of local from Federal authority or some pro
vision principle OF the Consultation, STOOD In tne
! way: OF they may without any such question, have
voted against the prohibition, on what appeared 10
them be sufficient grounds Of expediency NO one
fwbo bss swoIn 70 support the CoDstuuu n Can con-
scieptiousy vote for what lie understands 70 bs IN un'
Unconstitutional measure, however eXp=dient he may
think it, but Day ard ougbt TO vote against meas
gre which he deems ccnsttu iuna if at The time,
he deems it inc pedent. It, therefore, would be unsafe
20 set down even the two who voted against the pro-
hibi.ion, having done 20 because, IN their under.
staudipg any proper division Of local from Federal
autbcrity, any thing in the Constitution, forbade
r the Federal Government 70 control as TO Slavery IN
lgedera) territory.
The remaining sixteen of the "tbity -nne," 30 far
as have discovered, have left record Of their
iderstaldiDg upon the direct question Of Federal con-
troll Of 81 svery in The Federal Territories But there
ienuch reason to believe that their understanding apon
sat question WOULD not have appeared different from
that Of their twenty three compeers, had been mani
fostsd al all.
For The purpose of adheriDg ri.idy to the text, /
have purpoEely omitted whatever understanding may
hsge been manifested, by any person. however dis
tineuished other than the thirty nine fathers VINO
who framed tie original Constitution; and, for the
ssE,s reason have also omitted whatever understands
ing may have been manifested by any OF the thirty
nine even, on any other phase OF the general ques,
tioa If Slavery If should look into their &c and
declarations those other phsser as the foreign slave
trade and the morality and policy of Slavery general
ly il would appear that on the direct question OF
Federal control Of Slavery in Federal Territories, the
sixteen, they had acted at al would probably nave
acted lust ss tie twenty three d. Awons that sixteen
ere ssEaIal Of the most noted Slavery men OF
Those ,snes-as Dr. Franklin, Alexander Hamilton,
and Gouverneur Morris-ghile there was no. one now
known 70 have been otherwise unless may be John
Rutledee Of South Carolina.
| The Of the whole 49, that OF our thirty nine
fathers who framed the original Constitution, twenty
one--a clear majority of the whole-ceHainly under.
stood that no proper division of local from Federal
authority, any part OF the Constitution, forbade the
federal Government to control Slavery In the Federal
IsTritOres while all the rest probably had the tame
understanding. Such unquestiopaolY, was the under
standing Of fathers who framed the original Cor
stt1on and tie text afrms that they understood the
question better than
Bat, so far, have been considering the understands
SC Tho