SPECH OF ON BENJAMIN STANTON, OF OHIO, IN THE HOUSE OF REPRESENTATIVES, APRIL 23, 1856, On the Power of Congress to Exclude Slavery from the Territories. Mr. STANTON. Mr. Chairman, I am at all sake of Liberty, and Liberty for the sake of the times reluctant to occupy the time of the Com- Union." It will be intrusted to the hands of no mittee in the discussion of any question not doubtful or untried soldier, but one who will be pending before it for consideration and action; recognised by the whole country as a fit and but, sir, I know that the people who sent me here proper representative of the principles inscribed would not excuse me for permitting the gauntlet upon it. I trust the gentleman and: his friends of the gentleman from South Carolina [Mr. will then be found ready, and reslond to our KEITT] to lie at my feet, any longer than the battle-cry ofrules of the House will permit me to take up. ILay on, Macduff! " That gentleman has, however, done me alto- But, sir, I will not content myself with giving gether too much honor in assigning to me a lead- gentlemen a mere general statement of our prinership in the Republican party. I should certain- ciples; I propose to give an outline of the arguly be proud of such a position; but I have no ments by which we expect to maintain them. claim to it, and have no disposition to suffer There is not a man between the Aroostook and myself to be arrayed in borrowed plumes which the Rio Grande, with intelligence enough to be would only render me ridiculous. fairly entitled to the right of suffrage, who does I feel that it is my duty to enter this disclaimer, not know that the sectional aspect which party because neither the Republican party, nor any- politics have assumed is a legitimate and inevitbody else except myself, can justly be held re- able consequence of the attempt of the slavesponsible for what I may say. For myself, I am holding States to secure the absolute and permaentirely indifferent as to what adjectives, gentle- nent control of all the Departments of the General men may use in their descriptions of the Repub- Government. lican party. They may denominate it " Black," The doctrine contended for by the South, that or " Red," as may best suit their fancy; for it is the Constitution protects the slaveholder in his purely a matter of taste, about which, the proverb title and possession of his slave in all the Tersays, "there is no disputing;" and whether ritories of the United States, practically estabthey display good taste in the selection, or not, lishes Slavery everywhere, throughout the entire is a matter of vastly more consequence to gentle- territorial limits of the United States, except in men who use these terms, than it is to the party such States as prohibit it by positive law. And to which they are applied. reason hnd experience clearly show that, where I can assure the gentleman from South Caro- Slavery is the law of a Territory until it has ]ina, that he need not borrow any trouble nor population sufficient to entitle it to admission as lose any rest from an apprehension that he is a State, it inevitably becomes a slaveholding not to have an open field and a fair fight. If he State. Indeed, I cannot very well understand will temper his courage and zeal with a little dis- why the principle conteided for does not apply cretion and moderation until the coming anni- quite as well to the free States as to the Terriversary of the battle of Bunker's Hill, he will tories. find "a foeman worthy of his steel." On the I understand the claim to be, that the Constievening of that day he will find "our battle set," tution of the United States protects the citizen of and " our banners upon the outer wall." Upon the slaveholding State in taking and enjoying his these banners will be written nq questionable slave property in all the Territories of the United motto, or doubtful inscription; but all over their States, and that neither Congress nor the Terriample folds will be inscribed, in letters of living torial Legislature have any power to invade his light,-such words as these: "Freedom.is nation- constitutional rights by prohibiting Slavery in al-Slavery is sectional." " No more slave terri- any Territory. If it be true that the Constitution tory-no more slave States." " Union for the guaranties him this right, it is undoubtedly true 2 that neither Congress, nor any Territorial law, is, how the largest amount of labor may be obnor any State law or Constitution, can interfere tained from him with the least possible expense. with it, because the Constitution of the United His comfort or welfare does not enter into the esStates is the supreme claw of the land, and any timate, except so far as his productive power and State law or Constitution that comes in conflict capacity may be enhanced by them. In a fiee with it is'null and void. If, therefore, the Con- State or nation, the' welfare and prosperity of the stitution of the United States secures to the citi- laboring population, who constitute the great zen the benefit and protection of the laws of his nmass of the inhabitants, is the primary object of State beyond its territorial limits, it applies as legislation. well when he goes into another State as when he Protection to capital, of course, is not to be lost goes into a Territory. sight of, but it is always secondary and subordiThe admission of this principle, therefore, by nate to protection to labor and the laborer. If the free States, is equivalent to express consent, the maxim, that "the Government must take care on their part, that all new States that shall here- of the rich, and that the rich will take care of the after be settled and admitted into the Union shall poor," is applicable anywhere, it is peculiarly be slaveholding States. Every one must see that so to a slaveholding community; but it can have the result will be, in twenty years, that the slave- no application to a country where the labor is holding States will have absolute and unlimited performed by freemen. ~control over all the Departments of the Govern- With social systems so essentially and radicalment. ly hostile, the only mode of securing peace and But this is not all. Gentlemen not only claim, harmony is by the establishment of some conby a new and unheard-of construction of the stitutional principle which shall regulate and Constitution, to extend Slavery to all the Terri- define the powers of Congress, and prohibit any tories of the United States, but they also claim, invasion of the rights of the States. Comproby another construction equally novel and ex- mises have lost their healing efficacy and power. traordinary, practically to establish it in the free The repeal of the Missouri restriction has deStates. The right of transit with slaves through stroyed all mutual confidence between the differthe free States, that is now claimed, and has re- ent sections of the Confederacy. cently been attempted to be enforced by the most I think the time has now come to settle the arbitrary and tyrannical exercise of power on the question, whether this Government has the inhepart of one of the judges of the United States rent power and vitality necessary for the preserdistrict courts, is utterly inconsistent with the vation of its own existence. The issue is upon sovereignty of the free States, or their right us, and we cannot escape it if we would, and we to prohibit Slavery within their jurisdiction. If ought not if we could. It is as well for us to the right of transit is paramount and superior to settle this question ourselves, for the present and State laws and State sovereignty, it must, of ne- the future, as to evade it, and bequeath it as a cessity, carry with it certain incidents which must legacy to our children. It is not patriotic, it is be equally beyond State control. not manly, for us to shrink from the responsiIt is indispensable to the exercise of this right, bility that properly belongs to us, by postpothat the master shall have the right to the custody ning to another generation a question that is now and control of the person of the slave, and that upon us. For myself, I- have no doubt about the the slave should be bound to implicit obedience course which duty and patriotism require at my to the commands of the master, during the transit. hands. So, if the master's necessities should require it, I believe that Congress has power to prohibit he must have the right to sell the slave to any Slavery in all the Territories of the United States, who will carry out the intention of the master, and I would exercise that power, and leave conof carrying him beyond the limits of the State. sequences to take care of themselves. This was So, if the master should contract debts or incur the cotemporaneous construction of the Constiany other obligations which he is unable to meet, tution, and the exposition of its principles made if the slave is to be recognised as property by by the men who framed it. I believe there can the authorities of the State through which he is be no peace, no respite from Slavery agitation, passing, he must be subject to levy and sale on except in a return to the principles upon which execution. If this principle is to be established, the Government was founded, including a recogthe free States must provide themselves with nition of the power of Congress over Slavery in stocks, and whipping-posts, and slave-pens, and the Territories, and the exercise of that power in slave-markets, and all the paraphernalia of a all cases whatsoever. slave plantation. I am aware that this power is disputed; and The struggle, therefore, thai is now pending, my main object on this occasion is to show, both is in reality a struggle for the extension of Slavery by principle and authority, that Congress has it. over the whole Confederacy, and the establish- The first article of the treaty with France, for the ment of it in all the States. In fact, it has be- purchase of Louisiana, cedes to the United States come apparent that there is a natural and in- " forever and in full, sovereignty to the said Terherent repugnance and hostility between free ritory, with all its rights and appurtenances." labor and slave labor, and the institutions which The second article provides that the cession shall grow out of'them. include "the adjacent islands belonging to LouisiIn shaping the policy and moulding the institu- ana, all public lots and squares, vacant lands, and tions of a slaveholding State or nation, a laborer public buildings, fortifications, barracks, and is regarded as so much capital, and the question other edifices which are not private property." 3 It has never been doubted but this article vested and jurisdiction over it. It will also be rememin the United States the absolute and uncondi- bered that, when this Ordinance was passed, Slational title and ownership of all the public lands very was the law of the Territory. It had prein the Territory. viously been a part of the State of Virginia, and I believe it is also conceded, that the third sec- was subject to her jurisdiction and laws. It tion of the fourth article of the Constitution of will also be recollected that this Ordinance was the United States confers upon,Congress the passed by the unanimous vote of all the.States. power to regulate and control the public domain It was then no " sectional" question. as propertly. But if there was no express power This is also one of the grounds upon which conferred upon Congress, the power is necessa- Mr. Clay placed his support of the power of rily incident to the grant. If the United States Congress over Slavery in the Territories, in his has power to take and hold land, it must of neces- speech in the Senate on the Compromise Measures sity have power to preserve, control, and dispose of 1850. The power of Congress might safely be of it. In short, the Government, by this grant, rested upon this ground alone. But we do not became a great lauded proprietor, with the same stop here. All territory within the limits of the rights and powers over the public domain that United States, not under the sovereignty and an individual has over the land granted to him jurisdiction of any State, is subject to the jurisby the Government. diction of Congress, or it is subject to no jurisThe purchaser of the public lands can get no diction, no' law, whatever. France had relintitle except what is conveyed to him by the Gov- quished her jurisdiction; and if we cannot exercise einment; and the Government can convey no the jurisdiction she has granted to us, the Terriother or better title than is vested in it. tory is subject to no law, nor no government; Whatever power or control the owner of a farm and no grant of power can be found for authoripurchased from the Government may exercise zing the establishment of a Territorial Governover it, the Government may exercise over the ment, which does not carrywith itfulland complete entire public domain-all the Territories of the sovereignty and jurisdiction, and authorize ConUnited States. They may be sold or leased, or gress to legislate directly for the Territory in all granted without consideration, for religious, char- cases whatsoever, subject only to the limitations itable, literary, or other public purposes, upon prescribed by the Constitution for the protection such terms, and under such limitations and re- of the people of the States and Territories alike. strictions, as Congress may deem expedient and Congress may pass a criminal code for any unorproper. Congress may provide that no alien or ganized Territory, and intrust the execution of negro shall be capable of purchasing or holding it to the circuit or district court of some adjacent the public domain. circuit or district. If not, by what authority do And these powers may be exercised with a view we establish courts and appoint judges for the to the enhancement or depreciation of the value Territories? If we may institute Territorial Govof the public domain, as a mere financial regula- ernments for the Territories, what sort of powers tion, without regard to the welfare or happiness do the authorities of the Territory exercise? Are of the future inhabitants of the Territory. And they not delegatedpowers? And cannot Congress if, in the judgment of Congress, the exclusion of exercise the same powers directly, that the TerriSlavery, or polygamy, or any other social or mu- torial Government can exercise under the grant nicipal regulation authorized or established by of powers from Congress? There is no inherent the laws of any State, is necessary to preserve original sovereignty vested in the scattered inhabor enhance the value of the public domain, I have itants of a Territory, that may be exercised by no doubt but Congress has power to exclude it them without the authority of Congress. They for that reason alone. have no power to fix their own boundaries, or It was upon this foundation that the Ordinance dispose of the land, or do any other act of sovof 1787 for the government of the Northwestern ereignty, until they are authorized by act. of Territory rested. There is no grant of power Congress. The reason is, that the sovereignty to Congress in the Articles of Confederation to and jurisdiction of the Territory are vested in the govern or to take care of the Territories, or other United States, and therefore cannot be, at the property of the United States, as there is in the same time, in the people of the Territory. This present Constitution; and for the very plain reason explodes the theory of " squatter sovereignty," that, when the Articles of Confederation were and the experiment made in Kansas demonstrates adopted, the United States had no territory, and that it is utterly impracticable. very little other property, subject to their juris- I am aware that some gentlemen have a great diction and control. But when Virginia, in 1784, repugnance to the exercise of incidental or imceded to the United States all claim, ( as well of plied powers, and insist upon an express grant. soil as of jurisdiction, which the said Common- I presume it will be admitted that the Constituwealth hath," &c., Congress did not hesitate tion of the United States makes the Government, for a moment to exercise full sovereignty over it; when organized under it, a corporate body, and not only prescribed a form of government, and capable of contracting, and making, or taking a prohibited Slavery, but guarantied the freedom of grant of property, real or personal, corporeal or navigation of the waters of the Mississippi and incorporeal, subject only to the limitations preSt. Lawrence, prescribed the number of States scribed by the Constitution. The sovereignty and into which the Territory should be divided, and jurisdiction over the Northwest Territory was made various other provisions which show that granted by the State of Virginia to the Congress Congress assumed fall and complete sovereignty of the Confederation; and upon the organization 4 of the present Government, and the dissolution of promote morals and religion, and preserve social the old one, it passed from one to the other by order. succession. To this end, Congress may exclude outla;'s By the first article of the Louisiana treaty, from the public domain, and admit only such France grants to the United States, in "full sov- persons as they may deem expedient, and upon ereignty," the Territory of Louisiana. Thus tie such terms as they may prescribe. These powers United States derives its sovereignty and juris- seem to me to result clearly from this clause of diction, as well as its title to the soil, from the the Constitution. And if this were the first Congrant and cession of the Government in which it gress that ever met under the Constitution, and had been previously vested. The grant in each we were now, for the first time, about to exercise case is ample and full, and undoubtedly passes power over Slavery in the Territories, I should all the power which the Government of the United rest it with perfect confidence upon the principles States had the capacity to take. I see no want I have laid. down. of capacity to take full and exclusive legislative But I hold that long and undisputed exercise power, subject only to the limitations, restric- ofa power, and universal acquiescence in any tions, and guarantees, provided in the Constitution pratical construction of the Constitution for for the protection of all the people of the United generations, ought to be regarded on all sides as States, whether they should reside in Territories settling the question. I comes down to us with or the States. the Constitution, and is regarded by the people I can see no reason, therefore, why Conoress as part and parcel of it. Any violent and sudden.. see no reaso, t e. change of its settled construction cannot fail to being in possession of the full and exclusive legis- ativepoer oer the Territory should not create wide-spread and deep dissatisfaction. It is hibit Slavery in the Territory In the same m - equivalent to a change of the Constitution, withhibit Slavery in the Territory in the same man- l t c 5 cif..T'i ~^~1~L~~ out the consent of the number of States required ner that a State Legislature may prohibit it in a uthoe n tetonr amendment. State. - to authorize an alteration or amendment. Stlate. I now propose to see how the question stands, I know it is said that Congress has no power to on prate d pecedent As I he al discriminate between citizens of different States, upon practie a nd precedent. As I have already remarked, the Articles of Confederation contained and permit the citizens of one State to go into the o the Territory, and prohibit those from another. I no grant of power over the question of SlTvery anywhere nor no grant of power to govern Terpresume Congress never attempted to exercise t yet, jt as soon as ongress acquired ritories; yet, just as soon as Congress acquired any such power. But either Congress or the Ter- Territories tey set themselves work to pr. T.erritories, they set themselves to work to pre~ ritorial Legislature must pass laws for the people scrihe a Government for them. of the Territory, which operate upon all alike, At the close of the ar of the evolution, the from whatever State or Territory they may have unsettled Territories were all within the limits, come. If polygamy, Slavery, and the introduc- and suject to the jurisdiction, of prticula tion of spirituous liquors, are prohibited, this does Sttc, not prevent the citizens of Utah, of Kentucky, or O the 3th of September, 83, in anticipa-,., ^ 5 ^^. 7^ v X^^ 0 I On the 13th of September 1783 in anticipaof Ohio, from going there; but the Utah man must n the of an tion of~ the cession of vild lands and unsettled take but one wife, the Kentuckian no slave, and territories, which it was expected would be made 7 territories, which it was expected would be made the Ohioan no liquor. This is the only practicl by several States, the Congress of e Confedeway of meeting the question. It is impossiblerati ee te terms on whi the cessions for every man to carry with him the law3 of the which on 1)~ ^.... would be accepted, and the powers which ConState from which he goes; and if the citizens of exercise over them. gress would exercise over them. one State clam the rit as to one law, the citi t t oes zen of every other State -may claim the same out into Stat es of con venient size. thing for all the laws of the State from which he rei mbuse d he comes. This would be worse than the confusion Sc. na w to be r hr of tongues at the building of Babel expenses in reducing certain posts in the Northof tongues at the building of Babel.!west Territories. But I hold, further, that the grant of power to Third. The settlers wer'e to have their titles make "all needful rules and regulations respect- confirmed. ing the territory or other property belonging to Fourth. That the proceeds of the sales of the the United States" is of itself sufficient to author- lands shall be a common fund to pay debts and ize Congress to exclude Slavery from the Terri- defray the expenses of the United States. tories. If the phraseology had been' all laws Fifth. That all deeds from Indians, and royal necessary for the government of the territory," grants, inconsistent with chartered rights, should &c., it would not have been doubted but the terms be void. used contained a grant of legislative power. And Here is an assertion of all the essential attrin what is "law" but a "rule of action?" And in butes of sovereignty; the establishment of boundwhat does a "regulation," prescribed by the su- aries; the guarantee of republican governments; preme power in the State, differ from a law? True, the right of admission into the Union; the'reguit is a grant of power over the "territory or other lation of titles to real estate, &c. And this, it property," and therefore it is said it cannot apply' will be remembered, under the Articles of Conto persons. This will not do. Cannot Congress federation, which contained no specific grant of pass a law to punish trespasses upon the public any one of the powers then exercised, but pralands? And, if so, it may fine and imprison the vided specially that trespasser. So it may appropriate the lands to Ea Sate reai s sovere, freedom, and i religious or charitable purposes, with a view to dependence, aaid every powers Jrisdiction6 aid- ight, 5'Which is not by this Cotrfederation e.jpressly delegated to the tween the thirteen original Slates, and each of the St ates United Statcs in Congness ctssemnbled.' (described in the resolve of the 23d of April, 1784." It. was undoubtedly supposed that the grants MIr. King moved its reference to a committee, of jurisdiction and sovereignty that would ac- The vote on referring was as follows: company the cessions of territory would confer Ayes-New Hampshire, Massachusetts, Rhode upon Congress the powers then exercised. Island, Connecticut, New York, New Jersey, PennOn the 1st of March, 1784, the State of Vir- sylvania, and Maryland-8. ginia, in conformity with the provisions of this Nays-Virginia, North Carolina, and South Ordinance, ceded the Northwest Territory to the Carolina-3. United States. On the 19th of April, 17184, Con- So the proposition was referred. gress took up Mr. Jefferson's report from the It will be seen that Maryland has changed committee consisting of Mr. Jefferson, Mr. Chase fronts. Mr. Stone seems to have been left out of Maryland, and Mr. Howell of Rhode island, of the delegation, and Mr. Hindman elected in to whom was committed a plan for the temporary his place. And Mr. I-indman and Mr. J. Henry government of the WTestern Territory. voted aye, against Mr. McH-enry's nay. Mr. JefferMr. Speight, of North Carolina, moved to son had also left Congress, and Mr. Grayson was strike out the following paragraph: elected in his place. Mr. Grayson voted aye, and h, ter he a 0 of th Cristi era t Mr. Hardy and Mr,. Lee nay. The Journals do T Fhat, after the year IS00 of the Christi-.i era. there ~ sha'l be neither Slavery nor involuntary servit..tde in anly not show that the committee to whom this propooftthe said States, olierwisetihan in punisihment of criicles sition was referred ever made any report. No whtireof the party shall have been convicted to have further action seems to have been had upon the been personlally gailty." ssubject, until the passage of the celebrated OrdiIt must be borne in mind that, by the Articles nance of July 13, 1817. of Confederation, each State had one vote, and Iesides the provision excluding Slavery, this no proposition could be carried without the votes Ordinance is a great charter of Liberty, and a comof seven States in the affirmative. On the ques- prehensive code of municipal law. It establishes tion, " Shall the words proposed to be struck a Territorial Government, provides for theappointout stand?" the vote was as follows: ment of a Governor and Judges, and the election Ayes —New Hampshire, Massachusetts, Con- of a Council and members of the Territorial Legisnecticut, Rhode Island, New York, and Pennsyl- lature, prescribes their qualifications, defines their vania-6. powers, and duties, and terss of office. It fixes Nays — Maryland, Virginia, and South Caro- the basis of representation, and regulates and delina-3. fines the qualifications of officers and voters, and Seven States not voting in the affirmative, the authorizes the election of a Delegate to Congress, words were struck out. From Virginia, Mr. with the right of speaking, but not of voting. It Jefferson voted aye, but Mr. Hardy and Mr. guaranties the liberty of conscience, and thefireeMercer voted nay, and overruled him. MIr. Chase, dom of religious worshlip; secures the right to of Maryland, was not present, and the vote of the the writ of habeas corpus and trial by jury; State was cast in the negative by Mr. McHenry equal representation in the legislation and judiand Mr. Stone. North Carolina was divided, Mr. cial proceedings according to the course of the Williamson voting aye, and Mr. Speight nay. conmmton law; makes all offences, not capital, Mr. Dick, of New Jersey, voted aye, but he was bailable; prohibits cruel or unusual punishments the only member present from that State; and or excessive fines; and secures to every man his two members being required to cast the vote of liberty, unless deprived of it by the judgment of a State, the vote of New Jersey was lost. his peers and the law of the land; prohibits priOn the 23d of April, 1784, this Ordinance was vate property from being taken for public use until passed; and as i' passed it contained the follow- compensation is made to the owner; enjoins the ing provision: encouragement of' religion, morality, and knowl"T'PRat meastres not ileo-isislent with the principles of edge, and the observance of justice and good faith the Confederalion and necessary for tihe prese tvatiosn tf perae towards the Indians; and guaranties the freedom ae d good order among the settlers inl any of the said new. Staes, ('erri ories,) unil they shall a-suine a telporary of the navigation of the navigable waters of the gorerinmei. as aforesaid, may, from timle lo time, be taken Mississippi and St. Lawrence, and the carrying by tite United Stales in Congress assembled." places between them, and prescribes the boundThe vote upon the adoption of this Ordinance aries of the several States to be created out of the was unanimous, except South Carolina. Territoryx and provides for their admission into Here is an assertion of sovereignty quite as full the Union. It provides for the descent and disand. plenary as the Republican party claim for tribution of property, the execution of wills and Congress, under the present Constitution, over deeds, and for recording and proving them. It the present Territories of the United States. authorizes the establishment of a civil and crimOn the 16th of March, 1785, Mr. King, of inal code; for organizing and disciplining the Massachusetts, introduced the following propo- militia; for the appointment of magistrates and sition to amend the Ordinance for the govern- other civil officers, tile division of the Territory ment of the Northwest Territory: into counties, &c., &c. / " Tnere shall be neither Slavery nor involuntary servi- T srely covers t o o i tude in any of the States described in the resolve of Conirress lative sovereignty and jurisdiction. And, it' these of t, e 3do of April. 1784, otherwise than in punish!ment of powers have been lawfully exercised by Concritmes whereoi the parvy shall have been personallyguilty, crimes whireo lhe pary shall havebeen persoimlygit gress, upon what principle is it that Congress is and that this re' ulation siall be an aricle of compact, b p pi and renahi aefundanmenal principle of the Conslitutions, be. excluded from prohibiting Slavery in the Territo 6 ties? The vote upon its adoption was unanimous, fill efct, it is requisite that certain provisions sloluld hb every State voting for it, and every member, ex- a e t ad tle snae to tle ereselt Conslituion. cept Mr. Yates,'of New York; but the vote of the The law then requires the President and SenState was cast in its favor by Mr. Smith and Mr. ate to make certain appointments, and to exerHaring. cise certain powers conferred by the Ordinance From this review of the action of the Congress on the Congress of the Confederation. of the Confederation, it is perfectly clear that Here is a practical construction of the constithere never was a time, when Congress was full, tutional power of Congress over Slavery and the and all the States represented, that Slavery would Territories, by the framers of the Constitution not have been excluded from the Territories by themselves, from which there is no escape, exthe action of that body. The absence of a single cept upon one of two grounds; either that they member from New Jersey defeated Mr. Jefferson's did not understand the workmanship of their proposition in 1784. own hands, or that they disregarded their obliSo stood the matter at the adoption of the Con- gations to the Constitution and to the country. stitution, and at the organization of the present There was no hesitation or doubt about the Government. Slavery was excluded, not only exercise of this power; no man ever dreamed of by positive law, but by solemn compact, from calling it in question. On the 2d day of April, every foot of territory over which the Govern- 1790, the State of North Carolina ceded to the menthadtheslightestcolor of jurisdiction or con- United States the L'sovereignty and territory" of trol. George Washington, who had been Presi- what now constitutes the State of Tennessee. dent of the Convention which framed the Consti- The deed of cession provides that the Territory tution, wasPresident of the United States; Thomas shall be governed in the manner prescribed by Jefferson was Secretary of State; Alexander Ham- the Ordinance of 1 8'7, for the government of the ilton, Secretary of the Treasury; and Edmund Northwest Territory, except that " no regulations Randolph, Attorney General; and, therefore, made or to be made by Congress shall tend to were ex officio constitutional advisers of the Presi- emancipate slaves." dent. On the 26th of May, 1790, Congress passed an The First Congress (previous to the adoption act extending the Ordinance of 1787 (except the of the Constitution by Rhode Island and North sixth section) over this Territory. And no one Carolina)'contained twenty-two Senators and can doubt but the Ordinance would have carried fifty-eight Representatives, making eighty in all. with it the right to prohibit Slavery, if it had not The Federal Convention, which framed the Con- been expressly excluded. In fact, the parties so stitution, had fifty-four members. Seventeen of understood it, and hence the exception. these were members of the First Congress. These, This shows again the extent and character of with General Washington, General Hamilton, the sovereignty which this Congress supposed it and Edmund Randolph, made twenty of the fifty- was authorized to exercise over the Territories. four members of the Convention, whose official The only subject of debate or controversy upon stations made it their duty to pass upon the con- the act accepting the cession was, whether the stitutionality of the legislation of that Congress. exception should be allowed or tolerated at all? And they were not obscure or inconsiderable A portion of the members insisted upon having men. Besides the President and his Cabinet, this exception stricken out, but a majority decithere were in the Senate such men as John ded otherwise. Langdon of New Hampshire, Caleb Strong of On the 25th of April, 1796, a petition was preMassachusetts, Oliver Ellsworth of Connecticut, sented to the Hoouse, from the Governor of the Robert Morris of Pennsylvania, Rufus King of Northwestern Territory, " asking permission to New York, and Pierce Butler of South Carolina; import slaves into that Territory from other and in the House such men as Elbridge Gerry of States, so' as not to increase their numaber." The Massachusetts, James Madison of Virginia, Daniel petition was referred to a select committee, of Carroll of Maryland, Roger Sherman of Connecti- which Mr. Colt of Connecticut was chairman, cut, George Clymer and Thomas Fitzsimmons of with MiTr. Bailey of New York, Mr. Hindman of Pennsylvania, and Abraham Baldwin of Georgia. Maryland, IMr. Jackson of Virginia, and Mr. BenIn short, the master spirits, the leading and in- ton of South Carolina. On the 12th of May, fluential men who controlled the Federal Con- 1796, the committee reported adversely to the vention, were sent to the First Congress. prayer of the petition; which was laid on the The people undoubtedly suplosed that the table without a division. Here was not only the men who made the governmental machine would question of the power of Congress over Slavery know better how to gear it up, and start it, than in the Territories directly presented, but the right anybody else. And what did they do.? of the people to regulate it for themselves, and On the 16th of July, 1789, Mr. Fitzsimmons, the expediency of permitting them to control of Pennsylvania, reported a bill " to provide for that question. They presented the specious the government of the Territory northwest of the reason that, as they only desired permission to river Ohio; which passed both Houses' with- import slaves from other States, it would not inout a division, and was approved by the Presi- crease Slavery in the aggregate, and therefore dent, August 7, 1789. It contained the follow- could do no harm. They had not the face to ing preamble: claim it as a constitutional right, or that it would reas it order tt the Ordince of te Uied promote the welfare of the people of the Terri"VWhereas in order tlhat the Ordinance of the United Stales ii Congress assembl)ed, for the g'overnment ot tie tory' Territory northwest of the river Ohio, may conati7nue to have On the 18th of April, 1798, Congress passed a 7 law for the appointment of commissioners for the shall be in all respects similar to -that provided settlement of boundaries and the cession of ter- by the Ordinance of 1787 for the government of ritories from the State of Georgia, and the or- the Territory northwest of the river Ohio." ganization of a Territorial Government for the On the 8th of February, 1803, the proceedings Mississippi Territory. The sixth section of this of the Convention of Indiana, praying a suspenact provides that the people of this Territory shall sion of the sixth section of the Ordinance of 1781 enjoy " all the rights, privileges, and advantages, for the period of ten years, was presented to the granted to the people of the Territory northwest House of Representatives by the Speaker. This of the Ohio river by the Ordinance of 1787." brought up the whole question of the validity of The seventh section prohibits the importation of the Ordinance, and of the power and expediency slaves from any country except the United States. of Congres giving to the people of the Territory On the passage of the bill through the House, the right to admit or prohibit Slavery for the' Mr. Thatcher, of Massachusetts, moved to pro- term of ten years. Tt was referred to a committee, hibit Slavery in the Territory. The motion was composed of John Randolph, chairman, and' of sustained, in debate, by Mr. Varnum and Mr. Al- Roger Griswold of Connecticut, Robert Wilbert Gallatin, but there were only twelve votes liams of North Carolina, Lewis R. Morris of in favor of the amendmient. The reason undoubt- Vermont, and William Hoge of Pennsylvania. edly was, that the Territory was claimed by On the 2d of March, 1803, Mr. Randolph, from Georgia to be within her territorial limits, and this committee, reported that it was in fact inhabited riainly by a slavehold-'The committee deem it highly dangerous and inexpeing population; and such a provision would (lient to impair a provision wisely calculated to promote necessarily have brought the General Govern- the happiness ain prosptritv of the Northwestern couinment in conflict with the State of Georgia upon try, togiestrengils atd security o that extensive f. rontier.'the committee tlhereupon recommend the adopa'doubtful question of title and jurisdiction. tion of a resolution, declaring it inexpedienlt to suspend Such a conflict was not desirable, if there was the sixth sectionl of the Ordilnance, even for a limited timne. any doubt who was right. The question of the The report was committed to the Committee validity and construction of the Ordinance of of the Whole on the state of the Union. But 1187 was presented in rather a novel form at the Congress adjourned the next day, and consesecond session of the Third Congress. quently it was never reached, nor no action ever On the 11th of November, 1194, the Speaker had upon it. presented to the House the credentials of James This report of Mr. Randolph not only exThite, as a Representative of the Territory south presses his opinion of the validity of the Ordif the Ohio, in pzusuance of the Ordinance of 1787. nance, of the power of Congress over Slavery in o law had been passed by Congress, since the the Territories, and of the expediency of'exerloption of the Constitution, defining his char- cising it, but the universal sentiment of the peoter, or rights and privileges-how he was to pie of that day in all parts of the country. paid, or to which House he was to go-wheth- The act organizing the Territory of liichigan to the Senate or the House of Representatives. passed January 11, 1805; the act organizing the ie Ordinance simply provided that the Territory Territory of Illinois, on the 3d of February, 1809. ould have a Delegate to Congress, "with a right They each re-enacted the Ordinance of 1187, and debating, but not of voting." But there was extended it over their respective Territories..t one louse in the Congress of the Confedera- On the 20th of March, 1820, the act for the adm, and each State then paid its own members; mission of -Missouri into the Union was passed, 1w, Congress consisted of two Houses, and the the eighth section of which prohibited Slavery Inbers were paid f'rom the National Treasury. north of 36~ 30/ north latitude in the Louisiana hat was to be done with this nondescript Del- Territory. This is the first time that the power;e, who seemed to have been entirely over- of Congress to require a new State to exclude -ed in framing the Federal Constitution? No Slavery, as a condition of her admission into the,e was provided for him. Which House should Union, or to prohibit it in a Territory, was ever,o to? How should he be paid? What should discussed or called in question in'Congress. The his powers and privileges? Should he have main discussion was upon the power of Congress ght of debating all subjects that came before to require a State to exclude Slavery, as a condigress, or only those that affected the Territory tion precedent to her admission into the Union. ch he represented? A great variety of opin- Frequent allusions, however, were made to the 3 prevailed, and the matter was thoroughly power of Congress over Slavery in the Territories. ~ussed; but in the whole discussion no mem- On the 15th of February, 1819, Philip P. Barintimated a doubt about the binding force or bour, of Virginia, made a speech in the House dity of the Ordinance of 1787, under which of Representatives on the Missouri restriction, as elected, nor of his right to a seat somewhere in which he said: congress, upon some terms, and to be paid by " whilst the proposed State continued a part of our terebody. It seems to me that a more emphatic ritory, on the footing of the Territorial Government, it )gnition of the validity of the Ordinance could would have been competent for us, uitder the power ex'cely be imaginedY; a~nd all our siubsequent "piressly given, to make all needful rules and regulations, to have established the principles now proposed." slation in relation to Territorial Delegates ise pri a t r. ed upon this Ordinance. ad upon this Ordinance. That is to have prohibited Slavery. In a subn the 7th day of May, 1800, the law organizing sequent part of the same speech he says: Territory of Indiana was passed; the second " The State Legislatures can do it, [prohibit Slavery,] ritory of wias pr. as sed ta " th e Goernme because to them appertains the whole business of municiion of which provides that " the Government pal legislation, and this regulation would be embraced 8 within it; and Congress could do the same in relation to ry exists, rugged toil carries social degradatio its Territorial Governmenis, because over thein wepossess the iCld infamy with it. The sons of the farmers of wvhole power of sneesicipol legislation On the 28th of January, 1820, o Mr. Van Dyke, Ohio will not go into Kansas, and cultivate their of Delaware, made a speech in the Senate on the own fields with their own hands, if the adjoining of Delaware, made a speech in the Senate on the issouri restrictn in wh he fields on the other side of the hedge are cultivated Missouri restriction, in which he said: Missour restrc by slaves under the lash of the task-master. The" If Congress were now makin-g rules and regnlasions mechanics of New England will not go into Kar respecting the "Territories, this clause would suopport tlhe hcs of Ne gand will not go into Ka claim of power." sas and work in company, or in competitiot On the 26th of January, 1820, Mr. S. Smith, with their neighbor's goods and chattels. of Maryland, made a speeeh on the Missouri New England carpenter, who ought to hav restriction in the House of Representatives, in $1,000 for building a house which would ce: which he said: him six months hard labor, cannot come in co''I-le considered lhe power of Congress over the Terri petition with a man who can buy a carpenter, tory as supreme and inlimited before its admissiol; that body and soul, for $1,200 or $1,500, have his Con res; could imposte on its Territories nlly restrictiols house built, and then sell him again for the same it thoaght proper; andt the people, when they settled there in, did so ulnder a full knowledge of the reslrlctiol."t motney. It will also be remembered that the Missouri If Kansas is to be surrendered to Slavery, where restriction was passed by nearly the entire vote are the farmers of Pennsylvania, Ohio, Indiana, from the South, against the great body of the and Illinois, to find homes for their children, in Northern members. fifty years from this time? Are they to be The act to organize the Territory of Wisconsin crowded up to Minnesota, and the hyperborean was passed April 20, 1836, and Iowa, June 12, regions adjacent to Lake Superior and the 49th 1838. The ()rdinance of 1787 was expressly ex- parallel of latitude? Why should they? Is tended over Wisconsin, and the Missouri restric- there any reason why they should surrender it? tion over Iowa. Noie that I know of, unless it is to preserve the The joint resolution for the annexation of Union. And before they surrender it on that Texas, excluding Slavery in States that might be ground, they should be very sure that it will save created from territory north of 36~30', was pass- t, and that it will stay saved. We paid Texas ed March 1, 1845. ten or fifteen millions of dollars for lands to The Territory of Oregon was organized by an vihich she had no;more right than to so many act passed March 14, 1848, and Minnesota, square miles of moonshine, passed the Fugitive March 3, 1849, and the Ordinance of 178'7 is ex- Slave Law, organized Territorial Government. pressly extended over them. for New Mexico and Utah, without excluding Sla. In the debates on the Compromise Measures of very-all to save the Union. But, in less tha) 1850, Mr. Clay and Mr. Webster both asserted, four years, the surrender of Kansas is demanded in the strongest possible terms, that they could in the face of a solemn compact for the exclusiounder no circumstances be induced to vote for of Slavery from it forever. And this must b the extension of Slavery into territory that is submitted to, or the Union will be dissolve; now free, and asserted the power of Congress Observation and common sense ought to has over Slavery in the Territories. taught us, long ago, that submission.to unju So stands the history and practice of the Gov- demands naturally and necessarily invites furth, ernment, from its organization to the present aggression and further outrage. time. There is no uncertainty, or doubt, or in- Let us make a stand, then, while we have tl consistency, about it. The practice has been power of resistance; for if slave States are to k uniform and universal. No official act of any created in the new Territories west'of the Mi department of the Government can be found, de- souri, (and they must all stand or fall togethenying to Congress the power to prohibit Slavery it will not be many years before we shall be in the Territories. If the power exists, the peo- prived of the power of making any effec pie of the free States owe it to themselves and resistance. I trust that the people of the to their posterity to see that it is exercised. It States will never, under any circumstances, E is not a question which affects the negro alone. render Kansas to Slavery. I would exhort th It might be well enough to consider how far we in the language of the dying Highland chiet would be justifiable, in the sight of Heaven and his successor: "Kenneth, son of Eracht, k in the judgment of the civilized world, in making thou unsoiled the Freedom which I leave the( these Territories the abodes of oppression and a birthright. Barter it not; neither for the misery, and all the evils which Slavery brings in garment, nor the stone rool nor for the cove its train. board nor the couch of down; on the rock But this is only a secondary consideration. If in the valley, in abundance or in famine, in Slavery goes into Kansas, free labor and freemen leafy summer or in the days of iron winter, cannot and ought not to go there. Where Slave- of the mist, be free as thy forefathers." BUELL & BLANCHARD, Printers, Washington, D. C.