Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1860-06-22

under the constitution, an act was passed
10 enforce the ordinance Of 81, including
the prohibition Of slavery in the northwest
ern territory. The bill for this act was re-
ported by one of the "thirty nine" Thomas
Fitzsimmons, then member Of the House
of Representatives from Pennsylvania. It
went through all its stages without word
Of opposition, and finally passed both
branches without yeas and nays, which is
equivalent TO a unanimous passage. In
this Congress there were sixteen of the
"thirty-niUe" fathers who framed the origin
al constitution. They were
Jnhu Laegdon, Nicholas Gilman,
William s. johnson, Roger sherman,
Robert Morris, Thos Fizsimmons,
William Few, Abraham Baldwin,
Ruins King, William Patterson,
Richard Bassett George Reed
Pierce Butler, Daniel Carroll,
James Madison, George Clymer.
This shows that in their understanding,
no line dividing local from federal authori-
ty, nor anything in the constitution, proper
y 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 constrain-
ed them to oppose the prohibition.
OPINION OF GEORGE WASHINGTON.
Again, George Washington another Of
the "thrty-nine," was then President of tho
United States, and, as such, approved and
signed the bill, thus completing its validity
as a law, and thus showing that, in his un-
derstanding, no line dividing local from fed
eral authority, nor anything in the Consti-
I,,F. l. l. -.
control as to slavery in Federal Territory.
Loud appause.) No great while after the
adoption of the original Constitution,
North Carolina ceded TO the Federal Gov
ernment the country now constituting the
State of Tennessee; and, a few years later,
Georgia ceded that which now constitutes
the States Of Mississippi and Alabama
In both deeds of cession, it was made a
condition by the ceding States that the
Federal Government should not prohibit
slavery in the ceded country. Under these
circumstances, Congress, on taking charge
of these countries, did not absolutely pro-
hibit slavery within them.
CONGRESS DID INTERFERE.
But they did interfere with it-take con-
troll of it-even there, to a certain extent.
In 1898 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, and giving freedom
to slaves so brought This act passed both
branches of Congress without yeas and
nays. In that Congress were three of the
lthirty-nine" who framed the original Con-
stituton. They were John Langdon, George
Read and Abraham Baldwin. They all,
probably voted for it. Certainly they
would have placed their opposition to it
upon record it. in their understanding, any
line dividing local and federal authority, or
anything in the Constitution properly for
bade the Federal Government to control as
to slavery in Federal Territory. (Applause.) J
In 1903 the Federal Government pur-
chased the Louisiana country, Our former
Territorial acquisitions came from certain of
our own States, but this Louisiana country
was acquired from foreign nation. In
1904 Congress gave Territorial organiza-
ton to that part of it which now consti-
tutes the State of Louisiana. New Orleans,
| lying within that part, was an old and COM
paratively large city. There were other
considerable towns and settlements, and sla-
very was extensively and thoroughly inter
mingled with the people. Congress did
not, in the Territorial act, prohibit slavery
but they did interfere with it--take control
of tin more marked and extensive way
than they did in the case of Mississippi.
THE LOUISIANA PRovIso.
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 carried
into it who had been imported into the
States since the first day Of May, 1898.
Third, That no slave should be carried
into it, except by the owner, and for his
own use as settler; the penalty in all the
cases being fine upon the violator of the
law and freedom to the slave. prolonged
cheers.)
This act also was passed without yeas or
nays. In the Congress which passed it,
there were two of the "tbirty-nine" They
were Abraham Baldwin and Jonathan Day
ton. AS stated in the case of Mississippi,
it is probable they both voted for it. They
would not have allowed it to pass without
recording their opposition to it, if, in their
understanding, it violated either the line
properly dividing local from federal author
ity or any provision of the Constitution
Many votes were taken, by yeas and nays,
in both branches of Congress, upon the va
rious phases of the general question. Two
of the "thirly-nine"-Rufus King and
Charles Pinekney-were members of that
Congress. Mr.. King steadily voted for
slavery prohibition and against all com
promises, while Mr.. Pinckney as steadily
voted against slavery prohibition, aud
against all compromises. (Cheers.) By
this Mr.. King showed that, in his under
standing, no line dividing local from federal
authority, nor anything in the Constitution,
was violated by Congress prohibiting sla-
very in Federal Territory; while Mr..
Pinekney, by his votes, showed that, in hs
understanding, there was some sufficient
reason for opposing and prohibition in that
case.
THE FATHERS ON RECORD.
The cases l have mentioned are the only
acts of the ''thirty nine" or any of them
upon the direct issue, which have been