The national era. [volume] (Washington [D.C.]) 1847-1860, 1860-01-26

tfOu VI TIC COnSIlLQElOudiity Vi MlccouIt SOm-
promise, / desire, for few moments, to call
your attention to the history of the legislation
of this Government bearing on that question
and undertake to show that every Administra-
ton of the Government of the United States, be-
ginning with Washington, and coming down to
The close of the Administration of James K. Polk,
yes sir that every Administration, upon their off,
cial oaths, asserted and exercised the power OF
Congress to legislate the subject of slavery in
the Territories, and to legislate by way of re-
striction. To go back to the Administration OF
Washington, the ordinance of the Confederation
of 1887 was re-enacted, under the Constitution
during his Administration, and received his off,
cial signature. 1t was the eighth act, believe
which ever passed the Congress of the United
States, which thus gave constitutional sanction
and validity te that great measure against sla-
very extension In the Administration of John
Adams, Indiana was organized, in which this
same provision was re-enacted. Come down to
the Administration of Mr.. jefferson, who was
the apostle and leader of the great Republican
party of this country. To say nothing of the
organic act of the Territory of Michigan approved
by him, which re-enacted the ordinance of 1887,
excluding slavery forever, come, at once, TO
the organization of the Territory of Orleans-a
Territory which was acquired by treaty from
France, in which the institution of slavery
existed under the laws of France The tenth
section of the act organizing that Territory
provided that the foreign SLAVE trade, and also
that the domestic Stare trade, should not be per-
united IN that Territory. Although that pro-
vision of the Constitution, which was to take
effect in 1908, giving Congress the power to
put end to the slave trade in the existing
States, had not yet taken effect, yet in 1904,
four years before that time, in the bill Or
gsnizing the Territory of Orleans, the foreign
II. l.. 1. l.. al
nestle slave trade prohibited, and no man was
permitted TO take slave into the Territory of
Orleans for sale at ALL and no slave could be
taken into that Territory, except by bona Jtids
owner removing into the Territory for actual
settlement. Here, even in the Territory of
Orleans, where slavery existed when we ac-
quired it, Congress exercised the power of
legislation upon the subject of slavery, and ex-
ercised it by way of restriction. l do not say
that it exercised all its power; do not say that
Congress did all that it could do to prevent sla-
very going into that Territory; but Congress
did legislate on that subject, and did legislate
by way of restriction. 1t provided that, if any
man took a slave into the Territory for sale, or
if any man took slave into the Territory unless
he was actually emigrating into the Territory,
and took the slave as part of his settlement
with him, the slave should be emancipated-
emancipated by act of Congress-and the man
who was guilty of violation of its provisions
should pay fine of $500.
Mr.. COLLAMER. VIII the gentleman indulge
me moment?
Mr.. DoOLITTLE. Certainly.
Mr.. COLLAMER. In that same act in rela-
ton TO the Territory of Orleans, it was further
provided that slaves should not be taken into
that Territory either for sale or in families, if
they had been imported into the United States
since 1898.
Mr.. D0OLITTLE. I am obliged to my honor
able friend from Vermont. l accept the correc-
ton, and the fact is important. | would read
the section of the act bat do not desire to take
up the time which would be necessary to do so.
Mr. PUGH, in the course of debate, in reply,
having given his construction to the act organi-
zng Orleans Territory, Mr.. DooLIrTLE said:
Mr.. President, that the gentleman and myself
may have no misunderstanding about the ques-
ton of what is provided in the law, l now read
the section.
Mr.. PsGH. Well; read it, and see if l am
not right.
Mr.. DooLrrTLE. Here it is. read from the
Orleans act:
SEC 10. It shall not DO lawful for any person persons
to import bring the said Territory any port
place without the limits OF the United States pro-
To be imported brought, knowingly IN
every person offending and being thereof convicted
fore my court within said Territory having competent jaris
dction shall forfeit and pay for each and every slave
imported brought the Of $500 mOety for the
Of the United States and the other moicy
the person persons who shall the every
slave imported brought shall thereupon become entitled
to- and receive, his her freedom 1t shall be lawful
for person to import bring into the said
Territory from any port or place within the limits Of the
United States 10 procure 10 be imported
brought or knowingly TO aid assist in importing
bringing any slave slaves which shall have been import
ed the LIST day Of May, 1885, into any port place
within the limits OF the United States which may here
ter be imported from port place without the limits
being thereof convicted before court within said Terri
tory having competent jurisdiction shall forfeit and pay for
each aud every slave imported brought, the sum Of
$500 moiety for the Of the United States and the
other mocty for the OF the who shall
sue for the same"
And, now, will call the Senator's attention
to what follows. These are the two cases to
which he has referred:
And slave slaves shall directly indirectly be in
PRODUCED into said Territory except by citizen Of the Uni
ted States removing said Territory for actual settlement
and being at the time of such removal bona e of
such slave slaves and every slave, imported brought
the said Territory contrary the provisions this act
shall thereupOn be entitled to- and receive his or her free
dom"
What stated in relation to the Orleans Ter
ritOry was this that Congress exercised the
power, not only to prevent the foreign slave
trade, and to prevent, as my friend from Vermont
also stated the bringing into the Territory slaves,
from any of the States, either for sale in fam
lilies, that had been imported into the United
States after 1898, but also to put an end to the
entire domestic slave trade; and while | said
that Congress did not do all that it had the
power to do to prevent slaves going into that
Territory, Congress did legislate by way of re-
striction, not allowing any man to take slave
into the Territory for sale; allowing no man to
take a slave into the Territory unless be was
bona tide removing for settlement, and taking his
slaves with him as u part of his settlement; and
nj I'D hafo Tbat
is the substance of what stated, and the section
which have read bears me out entirely.
Again, sir, in the cession from North Carolina,
it was provided that Congress should make no
regulation tending to the emancipation of slaves.
Why insert such provision, if Congress had no
such powerf
Mr. President, when do we first hear of this
celebrated doctrine, which has made so much
figure before the American people within the last
six or eight years, Of Territorial independence,
squatter sovereignty, or whatever it may be term
ed, the absolute right of Territory, just as soon
as it is organized, to legislate for itself upon all
matters of internal concern, Independent of the
control of Congress During the Administration
of Mr.. Jefferson Mr.. st. Clair, then Governor of
the Northwestern Territory, first preached this
doctrine, that the moment Territory is once
ganized, that moment it becomes a State indie
pendent of the action of Congress, with sovereign
power to legslate for itself, in an address, in this
language:
all internal affairs have complete Legislature
Of sur own and they more bound by
gruss than by edict Of the First Consul Of France"
President Jefferson, through Mr.. Madison, as
Secretary Of State, met this doctrine in this
style he addressed Mr.. st. Clair the following
note:
SJR: The President observing IN address lately de-
vered by you the Convention Chcothe ntemper
MD of
the United States sad dsOrganizng spirit and tendency
very evil example, and grossly violating the rules Of conduct
eOned by your public station, determines that your
of Governor of the Northwestern Territory shall
cease on the receiUa of this notification