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States west of the river Ohio.
On the 2nd of March, 1803, Mr. Randolph made tion of slaves, born within the United States, from any of
the individual States. what appears to have been a unanimous report from this Committee, of which we give so much
This report and resolve were committed and as relates to Slavery-as follows:
made a special order on the Monday following,
but were never taken into consideration, The rapid population of the State of Ohio suficiently evinces, in the opinion of your Committee, that the labor At the next session, a fresh letter from Gov. of slaves is not necessary to promote the growth and William Henry Harrison, inclosing resolves of settlement of colonies in that region; that this labor, the Legislative Council and House of Represendemonstrably the dearest of any-can only be employed in the cultivation of products more valuable than any tatives in favor of suspending, for a limited peknown to that quarter of the United States; that the riod, the sixth article of compact aforesaid, was Committee deem it highly dangerous and inexpedient to received (Jan. 21st, 1807) and referred to a seimpair a provision wisely calculated to promote the hapi lect Committee, whereof Mr. B. Parke, delegate piness and prosperit of the northwestern country, and io give strength and security to that extensive frontier. from said Territory, was made Chairman. The In the salutary operation of this sagacious and benevo- entire Committee (Mr. Nathaniel Macon, of N. leut restraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remunera
C., being now Speaker,) consisted of tion for a temporary privation of labor, and of emigra- MESSRS. A LSTON, of N. C.
RHEA, of Tenn. tion.
MASTERS, of N. Y.
SANDFORD, of Ky. MORROW, of Ohio.
TRIGG, of Va. The Conimittee proceed to discuss other sub
PARKE, of Ind. jects set forth in the prayer of the memorial,
Mr. Parke, from this Committee, made (Feb. and conclude with eight resolves, whereof the 12th,) a third Report to the House in favor of only one relating to Slavery is as follows:
granting the prayer of the memorialists. Resobed, That it is inexpedient to suspend, for a This report, with its predecessors, was comlimited time, the operation of the sixth, article of the mitted, and made a special order, but never compact between the original States and the people and
taken into consideration. This Report having been made at the close
The same letter of Gen. Harrison, and resolves of the Session, was referred at the next to a the Senate, Jan. 21st, 1807. They were laid on
of the Indiana Legislature, were submitted to new Committee, whereof Cæsar Rodney, a new the table for consideration,” and do not apRepresentative from Delaware, was Chairman. Mr. Rodney, from this Committee, reported pear to have even been referred at that session; (February 17th, 1804),
but at the next, or first session of the fourth
Congress, which convened Oct. 26th, 1807, the That, taking into their consideration the facts stated in the said memorial and petition, they are in- President (Nov. 7th) submitted a letter from duced to believe that a qualified suspension, for a limit- Gen. Harrison and his Legislature—whether it ed time, of the sixth article of compact hetween the new or old one does not appear--and it was now original' States and the people and States west of the referred to a Select Committee, consisting of river Ohio, might be productive of benefit and advan-Messrs. J. Franklin, of N. C., Kitchel, of N. J., tage to said Territory.
The Report goes on to discuss the other and Tiffin, of Ohio. topics embraced in the Indiana memorial, and
Nov. 13th, Mr. Franklin, from said committee, concludes with eight resolves, of which the first reported as follows: (and only one relative to Slavery) is as follows: The Legislative Council and House of Representa
tives, in their resolutions, express their sense of the proR-solved, that the sixth article of the Ordinance of priety of introducing Slavery into their Territory, and 1787, which prohibited Slavery within the said Territory, solicit the Congress of the United States to suspend, for be suspended in a qualified manner, for ten years, so as a given number of years, the sixth article of compact, to perniit the introduction of slaves, born within the in the ordinance for the government of the Territory United States, from any of the individual States; pro- northwest of the Ohio, passed on the 13ih day of July, rided, that such individual State does not permit the 1787. That article declares : " There shall be neither importation of slaves from foreign countries : and pro- Slavery nor involuntary servitude within the said Tervidod, further, that the descendants of all such slaves ritory.” shall, if males, be free at the age of twenty-five years, The citizens of Clark County, in their remonstranre, and, if females, at the age of twenty-one years.
express their sense of the impropriety of the measure, The House took no action on this Report.
and solicit the Congress of the United States not to act The original memorial from Indiana, with into the Territory; at least, until their population shall
on the subject, so as to permit the introduction of slaves several additional memorials of like purport, entitle them to form a Constitution and State Guveru. was again, in 1805-6, referred by the House to ment. a select comunittee, whereof Mr. Garnett of Vir- spectfully submit the following resolution :
Your Committee, after duly considering the matter, reginia was chairman, who, on the 14th of Febru- Resolved, That it is not expedient at this time to susary, 1806, made a report in favor of the prayer the Territory of the United States northwest of the river
pend the sixth article of compact for the government of of the petitioners—as follows:
Ohio. That, having attentively considered the facts stated in the said petitions and memorials, they are of opinion
And here ended, so far as we have been able that a qualified suspension, for a limited time, of the to discover, the effort, so long and earnestly sixth article of the compact between the original States, persisted in, to procure a suspension of the reand the people and States west of the river Ohio, would striction in the Ordinance of 1787, so as to be beneficial to the people of the Indiana Territory. The suspension of this article is an object almost univer: admit Slavery, for a limited term, into the Tersally desired in that Territory.
ritory lying between the Ohio and Mississippi After discussing other subjects embodied in rivers, now forming the States of Ohio, Indiana, the Indiana memorial, the Committee close with Ilinois, Michigan, and Wisconsin. a series of Resolves, which they commend to the adoption of the House. The first and only one germane to our subject is as follows:
The vast and indefinite Territory known as Resolved, that the sixth article of the Ordinance of States in the year 1803, for the sum of $15,1). !!
Louisiana, was ceded by France to the United 1787, which prohibits Slavery within the Indiana Territory, be suspended for ten years, so as to permit the introduc: 1000, of which $3,750,000 was devoted in the
THE FIRST MISSOURI STRUGGLE.
5 20 5 1
18 13 6 4 9 1 1
payment of American claims on France. This to this amendinent, which was sustained by the territory had just before been ceded by Spain to following vote : [taken tirst on agreeing to so France without pecuniary consideration. Slave much of it as precedes and includes the word holding had long been allowed therein, alike "convicted."] under Spanish and French rule, and the Treaty
Yen8For the Restriction ; of Cession contained the following stipulation: New-Hampshire....... 4 | New-York... Art. III. The inhabitants of the ceded Territory
15 New Jersey.
Rhode Island.. shall be incorporated into the Union of the United States,
1 Pennsylvania. Connecticut.
Ohio... and admitted as soon as possible, according to the prin
5 Iudiana.. ciples of the Federal Constitution, to the enjoyment of
Delaware. all the rights, advantages and immunities of citizens of the United States; and in the meantime they shall be Total Yeas 87-only one (Delaware) from a maintained and protected in the free enjoyment of Slave State. their liberty, properiy, and the religion which they profess.
Nays Against the Restriction :
3 | Virginia.. The State of Louisiana, emubodying the south
3 North Carolina.. ern portion of this acquired territory, was re- New-Jersey
1 South Carolina. cognized by Congress in 1811, and fully admit. New Hampshire. 1 Georgia.
Ohio. ted in 1812, with a State Constitution. Those
1 Kentucky. Illinois..
1 Tennessee. who chose to dwell among the inhabitarts of Delaware.
1 Mississippi. the residue of the Louisiana purchase, hence- Maryland.
9 | Louisiana.
1 forth called Missouri Territory, continued to hold slaves in its sparse and small but increas-Slave States.
Total Nays, 76-10 from Free States, 66 from ing settlements, mainly in its southeastern quar
The House now proceeded to vote on the ter, and a pro-Slavery Court-perhaps any Court residue of the reported ameridinent (from the - would undoubtedly have pronounced Slavery word "convicted above), which was likewise legal anywhere on its vast expanse, from the sustained.--Yeas, 82 ; Nays, 78. Mississippi to the crests of the Rocky Mountains,
So the whole amendment-as moved by Gen. if not beyond them, and from the Red River of Tallmadge in Committee of the Whole, and Louisiana to the Lake of the Woods. The XV th Congress assembled at Washington, the House.
there carried --was sustained when reported to on Monday, Dec. 1st, 1817. Henry Clay was chosen Speaker of the House. Mr. John Scott striction), now moved the striking out of so
Mr. Storrs, of New York (opposed to the Reappeared on the 8th, as delegate from Missouri much of the bill as provides that the new State Territory, and was admitted to a seat as such. shall be admitted into the Union “on an equal On the 16th of March following, he presented footing with the original States "--which, he petitions of sundry inhabitants of Missouri, in contended, was nullified by the votes just taken. addition to similar petitions already presented The House negatived the motion. by'bim, praying for the admission of Missouri
Messrs. Desha, of Ky., Cobb, of Ga., and into the Union as a State, which were, on mo- Rhea, of Tenn., 'declared against the bill as tion, referred to a Select Committee, consist- amended. ing of
Messrs. Scott, of Mo., and Anderson, of Ky., Messrs. Scott, of Mo.; Poindexter, of Miss.; Robert: I preferred the bill as amended, to none, son, of Ky.; Ilendricks, of Ind.; Livermore, of N. H.; Mills, of' Mass.; Baldwin, of Pa.
The House ordered the bill, as amended, to A pril 30, Mr. Scott, from this Committee, re
a third reading; Yeas, 98 ; Nays, 56. The bill ported a bill to authorize the people of Missouri thus passed the House next day, and was sent Territory to form a Constitution and State to the Senate. Government, and for the adınission of such
The following sketch of the debate on this State into the Union on an equal footing with question (Feb. 15th) is condensed from that the original States; which bill was read thie first in the Appendix to Niles's Register, vol. xvi. and second time, and sent to the Committee of HOUSE OF REPRESENTATIVES, FEB. 15, 1819. the Whole, where it slept for the remainder of the session.
Mr. Tallmadge, of New York, having moved
the following amendment on the Saturday preThat Congress convened at Washington for its
cedingsecond session, on the 16th of November, 1818. Feb. 13th, the House went into Committee of involuntary servitude, be prohibited, except for the
“ And provided that the introduction of slavery, or the Whole-Gen. Smith, of Md., in the Chair-punishment of crimes, whereof the party has been duly
, and took up the Missouri bill aforesaid, which convicted; and that all children born within the sia was considered through that sitting, as also that State, after the admission thereof into the Union, shall
be declared free at the age of 25 years," of the 15th, when several amendments were
Mr. Fuller, of Massachusetts, argued that, to adopted, the most important of which was the cert of interests, it was proper to make concessions. The following, moved in Committee by Gen. James States where Slavery existed not only claimed the right to Tallmadge, of Duchess county, New-York, continue it, but it was manifest that a general emancipa
tion of slaves could not be asked of them. Their political (lately deceased) :
existence would have been in jeopardy; both masters and And provided also, That the further introduction of slaves must have been involved in the most fatal conse. Slavery or involuntary servitude be prohibited, except quences. for the punishment of crimes, whereof the party shall be To guard against such intolerable evils, it is provided in duly convicted: and that all children of slaves, born the Constitution, “ that the migration or importation of witi in the said State, after the admission thereof into the such persons, as any of the existing States think proper Union, shall be free, but may be held to service until the to admit, shall not be prohibited till 1808.-Art. 1, sec. 9. age of twenty-five years.
And it is provided elsewhere, that persons held to service On coming out of Committee, the Yeas and by the laws of any State, shall be given up by other
States, to which they may have escaped, etc.- Art. 4, sec. 2. Nays were called on the question of agreeing These provisions effectually recognized the right in the
fect a con
States, which, at the time of framing the Constitutior:, held Congress will not contribute to discountenance and ren the blacks in Slavery, to continue so to hold them until der abortive the generous and philanthropic views of they should think proper to meliorate their condition. this most wo.thy aud laudable society. The Constitution is a compact among all the States then
Mr Tallmadye, of New York, followed existing, by which certain principles of government are established for the whole, and for each individual State. Sir, said lie, it has been my desire and my intention to The predominant principle in both respects is, that avoid any debate on the present painful and unpleasant ALL MEN ARE FREE, and have an EQUAL RIGHT TO LIBERTY, subject. When I had the honor to submit to this House and all other privileges; or, in other words, the pre- the amendment now under consideracion, I accompanied dominant principle is REPUBLICANISM, in its largest sense. it with a declaration that it was intendeu to contine its But, then, the same compact contains certain excep- operation to the newly acquired Territory across the tions. The States then holding slaves are permitted, Mississippi; and I then expiessly declared that I would from the necessity of the case, and for the sake of union, in no manner intermeddle with the slave-holding States, to exclude the republican principle so far, and only nor attempt manumission in any one of the origival States so far, as to retain their slaves in servitude, and also their in the Union. Sir, I even went further, and stated that progeny, as had been the usage, until they should think it I was aware of the delicacy of the subject--and, that I proper or safe to conform to the pure principle, by abolish- bad learned from Southern gentlemen the difficulties ing Slavery. The compact contains on its face the and the dangers of having free blacks interning.ing general principle and the exception. But the attempt with slaves; and, on that account, and with a view to to extend Slavery to the new States, is in direct violation the sofety of the white population of the adjoining of the clause which guarantees a republican forin of gov. Statos, I would not even advocate the prohibition of ernment to all the States. This clause, indeed, must be slave y in the Alabama Territory ; because, suri ounded construed in connection with the exceptions before men- as it was by slave-holding States, and with only imaginary tioned; but it cannot, without violence, be applied to any Ines of division, the intercourse between slaves and other States than those in which Slavery was allowed at free blacks could not be prevented, and a servile war the formation of the Constitution,
might be the result. While we deprecate and mourn The Speaker (Clay) cites the first clause in the 21 over the evii of slavery, humanity and good morals resection of the 4th article—“The citizens of each State quire us to wish its abolition, under circumstances conshall be entitled to all the privileges and immunities of sistent with the safety of the white population. Wilcitizens of the several States," which he thinks would be lingly, therefore, will i submit to an evil which we canviolated by the condition proposed in the Constitution of not safely.emedy. I admitted all that had been said of Missouri To keep slaves to make one portion of the the danger of having fiee blacks visible to slaves, and, population the property of another-hardly deserves to be therefore, did not hesitate to pledge myself that I would called a privilege, since what is gained by the masters neither advise nor attempt coercive manumiss.on. But, must be lost by the slaves. But, independently of this sir, all these reasons cease when we cross the banks of consideration, I think the observations already offered to the Mississippi, into a Territory separated by a natural the committee, showing thai lioiding the black population boundary-a newly acquired Territory, never contemin servitude is an exception to the general principles of plated in the formation of our government, not included the Constitution, and cannot be allowed to extend beyond within the Compromise or mutual pledge in the adoption the fair import of the terms by which that exception is of our Constitution-a new Ter.itory acquired by our provided, are a sufficient answer to the objection. The common fund, and which ought justly to be subject to gentleman proceeds in the same train of reasoning, and our common législation. asks, if Congress can require one condition, how many Sir, when I submitted the amendment now under conmore can be required, and where these conditions will sideration, accompanied with these explanations, aud end? With regard to a republican cons ution, Congress with these avowals of my intentions and of my motives are obliged to require that condition, and that is enough I did expect that gentlemen who might differ from for the present question ; but ! contend, further, that me in opimon would appreciate the liberality of my Congress has a right, at their discretion, to require any v.ews, alid would ineet me with moderation, as upon i other reasonable condition. Several others were required fair subject for general legislation. I did expect; at of Ohio, Indiana, Illinois and Mississippi. The State of least, that the frank declaration of my views would proLouisiana, which was a part of the territory ceded to us at tect me from harsh expressions, and from the unfriendly the same time with Missouri, was required to provide in imputat.ons which have been cast out on this occasion. her Constitutio: for trials by jury, the writ of habeas cor- Bui, sir, such has been the character and the violence of pus, the principles of civil and religious liberty, with this debate, and expressions of so much intemperance, several others, peculiar to that State. These, certainly, and of an aspect so threatening have been used, that are none of them more indispensable ingredients in a re continued silence on my part woulu ill become me, who publican form of government than the equality of privi. had submitted to this liouse the original proposition. leges of all the population ; yet these have not been denied Sir, has it already come to this: that in the Congress of to be reasonable, and warranted by the National Consti- the United States-that, in the Legislative councils of tution in the admission of new States.
Republican America, the subject of Slavery has become One gentleman, however, has contended against the a subject of so much feeling of such delicacy-of such amendment, because it abridges the rights of the slave- danger, ihat it cannot safely be discussed ? Are memholding States to transport their slaves to the new States, bers who venture to express their sentiments on this for sale or otherwise. This argument is attempted to be subject, to be accused of talking to the galleries, with enforced in various ways, and particularly by the clause intention to excite a servile war; and of meriting the in the Constitution lust cited. It admits, however, fate of Arbuthnot and Ambrister ?' Are we to be told of of a very clear answer, by recurring to the 9th sec- the dissolution of the Union, of civil war and of seas of tion of article 1st, which provides that "the migration or blood ? And yet, with such awlul threatenings before us, importation of such persons as any of the States then ex: do gentlemen, in the same breath, insist upon the encouristing shall admit, shall not be prohibited by Congress till ageinent of this evil; upon the extension of tinis monstrous 1808."
This clearly implies that the migration and im- scourge of the human race? An evil so fraught with portation may be prohibited after that year. The impor- such dire calamities to us as individuals, and to our tation has been prohibited, but the migration has not nation, and threatening, in its progress, to overwhelm the hitherto been restrained ; Congress, however, may restrain civil and religious institutions of the country, with the it, when it may be judged expedient.
liberties of the nation, ought at once to be met, and to be The expediency of this measure is very apparent. The controlled. If its power, its influence, and its impending opening of an extensive slave market will tempt the dangers, have already arrived at such a point, that it is cupidity of those who, otherwise, perhaps, might gradu- not safe to discuss it on this floor, and it cannot now ally emancipate their slaves. We have heard much, pass under consideration as a proper subject for general Mr. Chairman, of the Colonization Society; an institu- legislation, what will be the result when it is spread tion which is the favorite of the humane gentleinen in through your widely-txtended domain? Its present the slave-holding States. They have long been lament. treatening aspect, and the violence of its supporters, so ing the miseries of Slavery, and earnestly seeking for a far from inducing ine to yield to its progress, prompt me reinedy compatible with their own safety, and the happi- to resist its march. Now is the time. It must now be ness of their slaves. At last, the great desideratum is wet, and the extension of the evil must now be prevented, fourd-a colony in Af.ica for the emanc pated blacks. or ihe occasion is irrecoverably lost, and the evil can llow will the generous intentions of these humane pernever be controlled. sons be frustrated, if the price of slaves is to be doubled Sir, extend your view across the Mississippi, over your by a new and boundless market ! Instead of emancipa- newly-acquired Territory—a Territory so far surpassing, tion of the slaves, it is much to be feared that unprinci- in extent, the limits of your present country, that pled wretches will be found kidnapping those who are country which gave birth to your nation—which achieved already free, and transporting and selling the hapless your Revolution-consolidated your Union--formed your victims into hopeless bondage. Sir ' rally hope that! Constitution, and has subsequently acquired so much
glory, hangs but as an appendage to the extended empire / presented, were immediately concerned. But when a over which your Republican Government is now called to question such as the amendments proposed by the gentle. bear sway. Look down the long vista of futurity ; see men from New York (Messrs. Tallmadge and Taylor), was your en pire, in extent unequaled, in advantageous presented for consideration, involving constitutional prin. situation without a parallel, and occupying all the valua- ciples to a vast amount, pregnant with the future fate of ble part of one coutinent. Behold this extended en pire, the Territory, portending destruction to the liberties of inhabited by the hardy sons of American freemen, that people, directly bearing on their rights of property, knowing their rights, and inheriting the will to protect their state rights, their all, he should consider it as a derethem-owners of the soil on which they live, and inter liction of his duty, as retreating from his post, nay, double ested in the institutions which they labor to defend ; with criminality, did he not raise his voice against their adoptwo oceans laving your shores, and tributary to your tion. purposes, bearing on their bosoms the commerce of our Mr. Scott entertained the opinion, that, under the Conpeople; compared 10 yours, the governments of Europe stitution, Congress had not the power to impose this, or dwindle into insignificance, and the whole world is with any other restriction, or to require of the people of Misout a parallel. Bui, sir, reverse this scene; people this souri their assent to this condition, as a pre-requisite to fair domain with the slaves of your planiers; extend their admission into the Union. He contended this from Slavery, this bane of man, this abuniination of heaven, the language of the Constitution itself, from the practice over your extended empire, and you prepare its dissolu- in the admission of new States under that instrument, and tion; you turn its accumulated strength into positive from the express terms of the treaty of cession. The weakness; you cherish a canker in your breast; you short view he intended to take of those points would, he put poison in your bosom; you place a vulture preying trusted, be satisfactory to all those who were not so on your heart~-vay, you whet the dagger and place it in anxious to usurp power as to sacrifice to its attainment the hands of a portion of your population, stimulated to the principles of our government, or who were not desiruse it, by every tie, human and divine. The envious con- ous of prostrating the rights and independence of a State trast between your happiness and their misery, between to chimerical views of policy or expediency. The authority your liberty and their slavery, must constantly prompt to admit new States into the Union was granted in the them to accomplish your destruction. Your enemies will third section of the fourth article of the Constitution, which learn the source and the cause of your weakness. As declared that “new States may be admitted by the Conoften as external dangers shall threaien, or internal congress into the Union." The only power given to the Con. motions await you, you will then realize that, by your gress by this section appeared to him to be, that of passown procurement, you have placed amidst your families, ing a law for the admission of the new State, leaving it in and in the busom of your country, a population produc- possession of all the rights, privileges, and immunities, ening at once the greatest cause of individual danger, and joyed by the other States ; the most valuable and promiof national weakness. With this defect, your govern. nent of which was that of forning and modifying their ment must crumble to pieces, and your people become the own State Constitution, and over which Congress had nu scoff of the world.
superintending control, other than that expressly given in Sir, we have been told, with apparent confidence, that the fourth section of the same article, which read, " The we have no right to annex conditions to a State, on its ad- United States shall guarantee to every State in this Union mission into the Union; and it has been urged that the a republican form of government." This end accomplished, proposed amendment, prohibiting the further introduction the guardianship of the United States over the Constituof Slavery, is unconstitutional. This position, asserted tions of the several States was fulfilled ; and all restrictions, with so much confidence, remains unsupported by any limitations and conditions beyond this, was so much power argument, or by any authority derived froin the Constitu- unwarrantably assumed. In illustration of this position, tion itself. The Constitution strongly indicates an opposite he would read an extract from one of the essays written conclusion, and seems to contemplate a difference be- by the late President Madison, contemporaneously with tween the old and the new States. The practice of the the Constitution of the United States, and from a very, government has sanctioned this difference in many re- celebrated work: “In a confederacy founded on republic spects.
can principles, and composed of republican members, the Sir, we have been told that this is a new principle for superintending government ought clearly to possess auwhich we contend, never before adopted, or thought of. thority to defend the system against aristocratic or So far from this being correct, it is due to the memory of monarchical innovations. The more intimate the nature our ancestors to say, it is an old principle, adopted by of such an union may be, the greater interest have the them, as the policy of our country. Whenever the United members in the political institutions of each other, and States have had the right and the power, they have here the greater right to insist that the forms of government tofore prevented the extension of Slavery. The States under which the compact was entered into, should be subof Kentucky and Tennessee were taken off from other stantially maintained. But this authority extends no furStates, and were admitted into the Union without condi- ther than to a guarantee of a republican firm of govtion, because their lands were never owned by the United ernment, which supposes a preëxisting government of the States. The Territory northwest of the Ohio is all the land form which is to be guaranteed. As long, therefore, as the which ever belonged to them. Shortly after the cession of existing republican forms are continued by the States, they those lands to the Union, Congress passed, in 1787, a com- are guaranteed by the Federal Constitution. Whenever pact, which was declared to be unalterable, the sixth arti- the States may choose to substitute other republican cle of which provides that," there shull be neither forms, they have a right to do so, and to claim the Federal Slavery nor involuntary servitude in the said Terri- guarantee for the latter. The only restriction imposed tory, otherwise than in the punishment for crimes, on them is, that they shall not exchange republican for whereof the purties shall have been duly convicted." anti-republican Constitutions ; a restriction which, it is In pursuance of this compact, all the States formed from presumed, will hardly be considered as a grievance.". that Territory have been admitted into the Union upon Mr. Scott believed it to be a just rule of interpretation, various conditions, and, amongst which, the sixth article of that the enumeration of powers delegated to Congress this compact is included as one.
weakened their authority in all cases not enumerated; Let gentlemen also advert to the law for the admission and that beyond those powers enumerated they had none, of the State of Louisiana into the Union; they will find it except they were essentially necessary to carry into effect filled with conditions. It was required not only to form a those that were given. The second section of the fourth Constitution upon the principles of a republican govern- article of the Constitution, which declared that “ the citiment, but it was required to contain the “ fundamental zens of each State shall be entitled to all the privileges principles of civil and religious liberty.” It was even re- and immunities of citizens in the several States," was quired, as a condition of its admission, to keep its records, satisfactory, to his judgment, that it was intended the citiand its judicial and its legislative
in the Eng. zens of each Stat forming a part of one harmonious lish language; and also to secure the urial by jury, and to whole, should have, in all things, equal privileges; the surrender all claim to unappropriated lands in the Terri- necessary consequence of which was, that every man, in tory, with the prohibition to tax any of the United States' his own state, should have the same rights, privileges, and lands.
powers, that any other citizen of the United States had in After this long practice and constant usage to annex his own State ; otherwise, discontent and murmurings conditions to the
admission of a State into the Union, will would prevail against the general government who had gentlemen yet tell us it is unconstitutional, and talk of our deprived him of this equality. principles being novel and extraordinary?
For example, if the citizens of Pennsylvania, or VirMr. Scott. of Missouri, said:
ginia, enjoyed the right, in their own State, to decide the
question whether they would have Slavery or not, the He trusted that his conduct, during the whole of the citizens of Missouri, io give them the same privileges, time in which he had had the honor of a seat in the House, must have the same right to decide whether they would or had convinced gentlemen of his disposition not to obtrude would not tolerate Slavery in their State ; if it were his sentiments on any other subjects than those on which otherwise, then the citizens of Pennsylvania and Virginia the interest of his constituents, and of the Territory he re-l rould have more rights, privileges and powers in their respective States, than the tizens of Missouri would / of their own! In short, in what had they equal rights have in theirs. Mr. S. said he would make another quo. adoantages and immunities, with the other citizens of tation from the same work he had before been indebted the United States, but in the privilege to subinit to a pro. to, which he believed had considerable bearing on this crastination of their rights, and in the advantage to subsubject. “The powers delegated by the proposed Consti- scribe to your laws, your rules, your taxes, and your tution, to the Federal Goverument, are few and defined ; powers, even without a hearing?' Those people were also those which are to remain in the State Governments, are is to be admitted into the Union as soon as possible." numerous and indefinite; the former will be exercised Mr. Scott would infer from this expression, that it was the principally on external objects, as war, peace, negotia- understanding of the parties, that so soon as any portion iion, and foreign cominerce, with which last the powers of the Territory, of sufficient extent to form a State, of taxation will, for the most part, be connected. The should contain the number of inhabitants required by law powers l'eserved to the several States will extend to al to entitle them to a representative on the finor of this ine objects, which in the ordinary course of affairs con- | House, that they then had the right to make the call for cern the lives, liberties, and properties of the people, and admission, and this admission, when made, was to be, not the internal orcier, inprovement, and prosperity of the on conditions that gentlemen might deem expedient, Dit State.” The applicability of this doctrine to the question on conditions referable to future political views, not on under consideration was so obvious, that he would not conditions that the Constitution the people should form detain the house to give examples, but leave it for gentle should contain a clause that would particularly open the men to make the application,
door for einigration from the North or from the South, Mr. Scott believed, that the practice under the Consti- not on condition that the future population of the State tution had been different from that now contended for should come from a Slaveholding or Non-Slaveholding by gentlemen; he was unapprised of any similar provi- state, but according to the principles of the Federal sion having ever been made, or attempted to be made, in Constitution," and none other. relation to any other new State heretofore admitted. The Nr. Scott had trusted that gentlemen who professed to argument drawn from the States formed out of the Terri. be actuated by motives of humanity and principle would tory north west of the river Ohio, he did not cousider as not encourage a course of dissimulation, or, by any vote analogous; that restriction, if any, was imposed in pure of theirs, render it necessary for the citizens of Missoni suance of a compact, and only. su far as Congress could to act equivocally to obtain their rights. He was uuwilldo, carried into effect the deposition of Virginia in refe- ing to believe, that political views alone led gentlemen on rence to a part of her own riginal Territory, and was, this vr any other occasion; but, from the language of the in every respect, more just, because that provision was member from New-York (Mr. Taylor), he was compellert mide and published to the world at a time when but few, to suspect that they had their influence upon him. That if any, settlemenis were formell within that tract of coun. gentlemen has told us, that if ever he left his present retry; and the children of those people of color belonging sidence, it would be for Ilipois or Missouri; at all events, to the inhabitants then there, have been, and still were, he wished to send out his brothers and his sons. Mr. Scoit held in bondage, and were not free at a given age, ils was begged that gentleman to relieve him from the awful apcontemplated by the amendment under consideration; nor prehension excited by the prospect of this accession of did he doubt but that it was comp-tent for any of those population. He hoped the House would excuse him while States admitted in pursuance of the Ordinance of '87, to he stated, that he did not desire that gentleman, his sons, call a Convention, and so to alter their Constitution as or his brothers, in that land of brave, noble, and indeto allow the in:roduction of slaves, if they thought pro- pendent freemen. The member says that the latitude is per to do so. To those gentlemen who i:ad in their argu- tno far North to admit of Slavery there, Would the mnent, in support of the amendmenis, adverted to the in- gentleman cast his eye on the map before him, he would stance where Congress had, by the law authorizing the there see, that a part of Kentucky, Virginia, and Marypeople of Louisiana to fcrin a Constitution and Stare land, were as far North as the Northern boundary of the Government, exercised the power of imposing the terms proposed State of Missouri. Mr. Scott would thank the and conditions on which they should be permitted to do gentleman if he would condescend to tell him what preso, he would recommend a careful examination and com- cise line of latitude suited his conscience, his liumanity, parison of those terms with the Constitution of the or his political views, on this subject. Could that wemUnited States, when, he doubted not, they would be con- ber be serious, when he made the parallel of latitude the vinced that these restrictions were only such as were in measure of his good-will to those unfortunate blacks ? express and posiive language defined in the litter instru- Or was he trying how far he could go in fallacious argestrument, and would have been equally binding on the ment and absurdity, without creating one blush even on people of Louisiana had they not been enumerated in the his own cheek, for inconsistency? What, starve the nelaw giving them authority to forin a Constitution for groes out, pen them up in the swamps and morasses, conthemselves.
fine them to Southern latitudes, to long, scorching days Mr. S. said, he considered the contemplated conditions of labor and fatigue, until the race becomes extinct, that and restrictions, contained in the propised amendments, the fair land of Missouri may be tenanted by that gentleto be unconstitutional and unwarrantible, from the pro- man, his brothers, and sons ? He expected from the mavisions of the Treaty of Cession, by the third article of joriiy of the House a more liberal policy, and better eviwhich it w18 stipulated, that "the inhabitants of the dence that they really were actuated by humane motives. ceded Terri'ory shalı be incorporated in the Union of the United States, and adınitted, as soon as possible, accord
The House bill, thus passed, reached the ing to the principles of the Federal Constitution, to the Senate, February 17th, when it was read twice enjoyment of all the rights, advantages, and immunities and sent to a Select Committee already raised of citizens of the United States, and, in the mean time, they shall be main ained and protected in the free enjny: on a like application from Alabama, consisting of ment of their liberty, property, and the religion which Messrs. Tait, of Georgia ; Morrow, of Ohio; Williams, of they profess."
Mississippi; Edwards, of Illinois ; Williams, of Tennessee. The p-ople were not left to the wayward discretion of this or any other government, by saying that they may
On the 22nd, Mr. Tait, from this Committee, de incorporated in the Union. The language was differ's reported the bill with amendments, striking out ent and imperative: they shall be incorporated.” the Auti-Slavery restrictions inserted by the Mr. scott understood by the term incorporated, that House. This bill was taken up in Committee of they were to form a constituent part of this republic; that they were to become joint partners in the character the Whole, on the 27th, when Mr. Wilson of and councils of the country, and in the national losses New-Jersey moved its postponement to the 5th and national gains; as a Territory they were not an es- of March-that is, to the end of the sessionsential part of the Government; they were a mere pro. vince, subject to the acts and regulations of the General negatived: Yeas 14 ; Nays 23. Government in all cases whatsoever. As a Territory, they
The Senate then proceeded to vote on agree. had not all the rights, advantages and immunities, of ing to the amendments reported by the Select citizens of the United States. Mr. S himself furnished an example, ihat, in their present condition, they had not all Committee, viz. : 1, to strike out of the House the rights of the o her citizens of the Union. Had he a vote bill the following: in this louse? and yet these people were, during the war, And that all children of slaves born within the said subject to certain taxes imposed by Congress. Had those State, after the admission thereof into the Union, shall people any voice to give in the imposition of taxes to be Free, but may be held to service until the age of which they were subject, or in the disposition of the twenty-one years. funds of the nation, and particularly those arising froiu the sales of the public lands, tm which they already had,
Which was stricken out by the following vote aue will wouid largely contribute? Had thry a voice to Year-Against the Restriction —27. Naye For give in selecting the officers of this Governmens, or inany' the Restriction -7.