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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 gentlebear sway. Look down the long vista of futurity; see men from New York (Messrs. Tallmadge and Taylor), was your empire, in extent unequaled, in advantageous presented for consideration, involving constitutional prin. situation without a parallel, and occupying all the valua-I ciples to a vast amount, pregnant with the future fate of ble part of one continent. "Behold this extended empire, 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, 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 Con. people; compared to yours, the governmeuts 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. But, sir, reverse this scene; people this souri their assent to this condition, as a pre-requisite to fair domain with the slaves of your planters; extend their admission into the Union. le contended this from Slavery, this bane of man, this abomination 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-day, 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 desir. use 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, whi learn the source and the cause of your weakness. As declared that “new States may be admitted by the Con often as external dangers shall threaten, or internal com- gress into the Union.” The only power given to the Conmotions 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 bosom 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 forming and modifying their ment must crumble to pieces, and your people become the own State Constitution, and over which Congress had ne 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 Unior 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 Constitu of Slavery, is unconstitutional. This position, asserted tions of the several States was fulfilled; and all restrictions, with so much confidence, remains unsupported by any linnitations and conditions beyond this, was so much power argument, or by any authority derived from 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 republispects.

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 meinory 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 thio 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 form 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 Univ is all the land form which is to be guaranteed. As long, therefore, as the which ever belonged to them. Shortly alter 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 shall 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 parties 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 proceedings, in the Engo zens of each State, forming a part of one harmonious lish language; and also to secure the trial 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 Tir. Mr. 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, to 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 be re. I would have more rights, privileges and powers in their respective States, than the e'tizens of Missouri pould of their own! In short, in what had they equal rights have in theirs. Mr. S. said he would make another quos advantages 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 submit to a proto, 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 Government, 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 80 soon as any portion tion, and foreign commerce, 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 reserved to the several States will extend to all to entitle them to a representative on the floor of this ! ihe 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, whien made, was to be, not the internal order, improvement, and prosperity of the on conditions that gentlemen might deem expedient, not 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 emigration 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 Fedoral sion having ever been made, or attempted to be made, in Constitution," and none other. relation to any other new State heretofore admitted. The Mr. 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 northwest of the river Ohio, he did not consider as not encourage a course of dissimulation, or, by any vote analogous; that restriction, if any, was imposed in pur of theirs, render it necessary for the citizens of Missouri suance of a compact, and only, so far as Congress could to act equivocally to obtain their rights. He was unwilldo, carried into effect the disposition of Virginia in refe- ing to believe, that political views alone led gentlemen on rence to a part of her own original Territory, and was, this or 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 compelled made and published to the world at a time when but few, to suspect that they had their influence upon him. That If any, settlements were formed 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 Illinois 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. Scott held in bondage, and were not free at a given age, as was begged that gentleman to relieve him from the awful ap. contemplated by the amendment under consideration; nor prehension excited by the prospect of this accession of did he doubt but that it was competent 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 introduction of slaves, if they thought pro- pendent freemen. The member says that the latitude is per to do so. To those gentlemen who nad in their argu- too far North to admit of Slavery there. Would the ment, in support of the amendments, 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 Mary. people of Louisiana to form a Constitution and State 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 pre80, he would recommend a careful examination and com- cise line of latitude suited his conscience, his humanity, 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 positive language defined in the latter instru. Or was he trying how far he could go in fallacious argu. strument, 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 form 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 proposed amendments, the fair land of Missouri may be tenanted by that gentle. to be unconstitutional and unwarrantable, from the pro- man, his brothers, and sons? He expected from the ma. visions of the Treaty of Cession, by the third article of jority of the House a more liberal policy, and better evi. which it was stipulated, that “the inhabitants of the dence that they really were actuated by humane motives. ceded Territory shall be incorporated in the Union of the United States, and admitted, 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 of citizens of the United States, and, in the mean time, on a like application from Alabama, consisting of enjoyment of all the rights, advantages, and immunities and sent to a Select Committee already raised they shall be maintained and protected in the free enjoy. 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 people were not left to the wayward discretion of

On the 22nd, Mr. Tait, from this Committee, this or any other government, by saying that they may de incorporated in the Union. The language was differ reported the bill with amendments, striking out ent and imperative: "they shall bo incorporated.” | the Anti-Slavery restrictions inserted by the Mr. Scott understood by the term incorporated, that House. This bill was taken up in Committee of 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 and national gains; as a Territory they were not an es- of March-that is, to the end of the session

postponement to the 5th sential 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 example, that, in their present condition, they had not al Committee, viz. : 1, to strike out of the House the rights of the other citizens of the Union, lad he a vote bill the following: in this House? 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 from the sales of the public lands, to which they already had,

Which was stricken out by the following vote. and still would largely contribute? Had they a voice to Year-Against the Restriction --27. Naya-For give in selecting the oficers of this Government, or many the Restriction-7.



The Senate then proceeded to vote on the On the 14th, Mr. Taylor, of New-York, moved residue of the House Restriction, as follows: a Select Committee on this subject, which was

And provided also, That the further introduction of granted; and the mover, with Messrs. Liver. Slavery or involuntary servitude be prohibited, except more, of New-Hampshire, Barbour, (P. P.) of for the punishment of crimes, whereof the party shall Virginia, Lowndes, of South-Carolina, Fuller, of have been duly convicted.

Massachusetts, Hardin, of Kentucky, and Cuth The vote on this clause was as follows:

bert, of Georgia, were appointed such committee, Yeas-For striking out the Restriction —22. Nays A majority of this Committee being Pro-Slavery, -Against striking out -16.

Mr. Taylor could do nothing; and on the 28th The bill thus amended was ordered to be en- the Committee was, on motion, discharged from grossed, and was (March 2nd-last day but one the further consideration of the subject. of the Session) read a third time, and passed On the same day, Mr. Taylor moved : without a division. The bill was on that day returned to the House, and the amendments of report a bill prohibiting the further admission of slaves

That a Committee be appointed with instructions to the Senate read: whereupon, Mr. Tallmadge, of into the Territories of the United States West of the river New-York, moved that the bill be postponed

Mississippi. indefinitely. Yeas 69; Nays 74.

On motion of Mr. Smith, of Maryland, this [The record shows hardly a vote changed from Yea, on resolve was sent to the Committee of the Whole, the original passage of the Restriction, to Nay now, but and made a special order for January 10th ; many members who voted then were now absent or but it was not taken up, and appears to have zilent.] The vote was then taken on concurring in

slept the sleep of death. the Senate's amendments, as aforesaid, and the Territorial Legislature, asking admission as a

In the Senate, the memorial of the Missouri House refused to concur; Yeas 76; Nays 78.

State, was presented by Mr. Smith, of South{Hardly a vote changed ; but more members roting Carolina, December 29th, and referred to the thån on the previous division, and less than when the Judiciary Committee, which consisted of Restriction was carried.]

Messrs. Smith, of South Carolina ; Leake, of Mississippi; The bill was now returned to the Senate', wih Burrill, of Rhode Island ; Logan, of Kentucky ; Otis of a message of non-concurrence; when Mr. Tait moved that the Senate adhere to its amendment, which was carried without a division. The bili being thus remanded to the House, Mr. Taylor,

The following is extracted from the “Memorof New York, moved that the House adhere to ial to the Congress of the United States, on the its disagreement, which prevailed. Yeas 78 ; subject of restraining the increase of Slavery in Nays 66. So the bill fell between the two New States to be admitted into the Union,” in Houses, and was lost.

pursuance of a vote of the inhabitants of Boston The Southern portion of the then Territory and its vicinity, assembled at the State House of Missouri (organized by separation from on the 3d of December, 1819, which was Louisiana in 1812) was excluded from the pro- drawn up by Daniel Webster, and signed by posed State of Missouri, and organized as a himself, George Blake, Josiah Quincy, James separate Territory, entitled Arkansas.

T. Austin, etc. It is inserted here instead of The bill.being under consideration, Mr. Tay- the resolves of the various New England Legislor, of New-York, moved that the foregoing re- latures, as a fuller and clearer statement of the striction be applied to it also ; and the clause, views of the great body of the people of that proposing that slaves born therein after the section during the pendency of the Missouri passage of this act be free at twenty-five years question : of age, was carried (February 17th) by 75 Yeas to 73 Nays; but that providing against the To the Senate and House of Representatives of the further introduction of Slaves was lost; Yeas United States, in Congress assembled : 70; Nays 71. The next day, the clause just adopted was stricken out, and the bill ultimately

The undersigned, inhabitants passed without any allusion to Slavery. Ar- secinity, beg leave most respectfully and humbly to reprekansas of course became a Slave Territory, and into the new States to be formed on the west side of the ultimately (1836) a Slave State.

Mississippi River, appears to them to be . question of the last importance to the future welfare of the United States. If the progress of this great evil is ever to be

arrested, it seems to the undersigned that this is the time A new Congress assembled on the 6th of to arrest it. A false step taken now, cannot be retraced ;

and it appears to us that the happiness of unborn millions December, 1819. Mr. Clay was again chosen rests on the measure which Congress on this occasion Speaker. On the 8th, Mr. Scott, delegate from may adopt. Considering this as no local question, nor a Missouri, moved that the memorial of her Ter- question to be decided by a temporary expediency, but

as involving great interests of the whole United States, ritorial Legislature, as also of several citizens, and affecting deeply and essentially those objects of praying her admission into the Union as a State, common defense, general welfare, and the perpetuation be referred to a Select Committee; carried, self was formed, we have presumed, in this way, to offer and Messrs. Scott, of Missouri, Robertson, of our sentiments and express our wishes to the National Kentucky, Terrell, of Georgia, Strother, of Vir. Legislature. And, as various reasons have been sug. ginia, and De Witt, of New-York, (all but the gested against prohibiting Slavery in the new States, it last from the Slave region,) were appointed said both for believing that Congress possesses the Constitu• committee.

tional power to make such prohibition a condition, on Mr. Strong, of New-York, that day gave the admission of a new State into the Union, and that it

is just and proper that they should exercise that power. notice of a bill “ To prohibit the further exten

"And in the first place, as to the Constitutional au. sion of Slavery in the United States."

thority of Congress. The Constitution of the United



of Boston and its


States has declared that “ Congress shall have power to any portion of the American Confederacy. The Missouri dispose of and make all needful rules and regulations re- Territory is a new country. If its extensive and fertile specting the Territory or other property belonging to the field shall be opened as a market for slaves, the GoverzUnited States : and nothing in this Constitution shall be ment will seem to become a party to a traffic which, in so construed as to prejudice the claims of the United | so many acts, through so many years, it has denounced as States or of any particular Srate." It is very well known, impolitic, unchristian, inhuman. To enact laws to purthat the saving in this clause of the claims of any par: ish the traffic, and, at the same time, to tempt cupidity ticular State, was designed to apply to claims by the then and avarice by the allurements of an insatiable market, existing States, of territory which was also claimed by is inconsistent and irreconcilable. Government, by suot the United States as their own property. It has, there- a course, would only defeat its own purposes, and render fore, no bearing on the pre-ent question. The power, dugatory its own measures. Nor cau the laws derive then, of Congress over its own Territories, is, by the very support from the manners of the people, if the power of terms of the Constitution, unlimited. It may make all moral sentiment be weakened by enjoying, uuder the per “ needful rules and regulations," which of course include mission of Government, great facilities to commit of all such regulations as its own views of policy or expedi- fenses. The laws of the United States have denounced ency shall, from time to time, dictate If, therefore, in heavy penalties against the traffic in slaves, because such its judgment it be needful for the benefit of a Territory to traffic is deemed unjust and inhuman. We appeal to the enact a prohibition of Slavery, it would seem to be as spirit of these laws. We appeal to this justice and humanmuch within its power of Legislation as any other act of ity. We ask her whether they ouglit not to operate, on the local policy. Its sovereignty being complete and uni- present occasion, wiih all their force ? We have a strong versal as to the Territory, it may exercise over it the feeling of the injustice of any toleration of Slavery. Cir. most ample jurisdiction in every respect. It possesses, cumstances have entailed it on a portion of our coinmuniin this view, all the authority which any State Legisla: ty, which cannot be immediately relieved from it without ture possesses over its own Territory; and if any state consequences more injurious than the suffering of the evil, Legislature may, in its discretion, abolish or prohibit But to permit it in a new country, where yet no habits are Slavery within its own limits, in virtue of its general formed which render it indispensable, what is it, but to enLegislative authority, for the same reason Congress also courage that rapacity, and fraud and violence, against may exercise the like authority over its own Territories. which we have so long pointed the denunciations of our And that a state Legislature, unless restrained by some penal code? What is it, but to tarnish the proud fame of Constitutional provision, may so do, is unquestionable, the country? What is it, but to throw suspicion on its good and has been established by general practice.

faith, and to render questionable all its professions of re If the constitutional power of Congress to make the gard for the rights of humanity and the liberties of man. proposed prohibition be satisfactorily shown, the justice kind ? and policy of such prohibition seem to the undersigned As inhabitants of a free country-as citizens of a to be supported by plain and strong reasons. The per- great and rising Republic-as members of a Christian mission of Slavery in a new State, necessarily draws after community-as living in a liberal and enlightened age, it an extension of that inequality of representation, and as feeling ourselves called upon by the dictates of rewhich already exists in regard to the original States ligion and humanity, we have presumed to offer our sentiIt cannot be expected that those of the original States, (ments to Congress on this question, with a solicitude for the which do not hold slaves, can look on such an extension event far beyond what a common occasion could inspire." as being politically just. As between the original States the representation rests on compact and plighted faith;

Instead of reprinting the Speeches elicited by and your memorialists have no wisli that that compact this fruitful theme, which must necessarily, to should be disturbed, or that plighted faith in the slightest degree violated. But the subject assumes an entirely a great extent, be a mere reproduction of ideas mitted. With her there is no compact, and no faith expressed in the debate of the last session, plighted; and where is the reason that she could come already given, we here insert the Resolves of into the Union with more than an equal share of political importance and political power? Already the ratio of the Legislatures of New-York, New-Jersey, representation, esi ablished by the Constitution has given Pennsylvania, Delaware and Kentucky—the first of Representatives more than they would have been en three being unanimous expressions in favor of titled to, except under the particular provision of the Constitution. In all probability, this number will be Slavery Restriction ; the fourth, from a Slave doubled in thirty years. Under these circumstances, we deein it not an unreasonable expectation that the inhabi.

State, also in favor of such Restriction, though tants of Missouri should propose to come into the Union, probably not unanimously agreed to by the renouncing the right in question, and establishing a Constitution prohibiting it forever. Without dwelling on Legislature; the last against Restriction, and this topic, we have still thought it our duty to present it also (we presume) unanimous. The Legislatures to the consideration of Congress. We present it with a deep and earnest feeling of its importance, and we re of the Free States were generally unanimous for spectfully solicit for it the full consideration of the National Legislature.

Restriction ; those of the Slave States (DelaYour memorialists were not without the hope that the time had at length arrived when the inconvenience and the ware excepted) against it. It is not deemed danger of this description of population had become appa- necessary to print more than the following: rent in all parts of this country and in all parts of the civil. ized world. It might have been hoped that the new States themselves would have had such a view of their own permanent interests and prosperity as would have led them

State of New-York, in Assembly, Jan. 17, 1820 : to prohibit its extension and increase. The wonderful in

Whereas, The inhibiting the further extension of crease and prosperity of the States north of the Ohio is un Slavery in these United States is a subject of deep concern questionably to be ascribed, in a great measure, to the con. Slavery as an evil much to be deplored; and that every

among the people of this State; and whereas we consider sequences of the ordinance of 1787; and few, indeed, are constitutional barrier should be interposed to prevent its the occasions, in the history of nations, in which so much further extension ; and that the Constitution of the United can be done, by a single aet, for the benefit of future States clearly gives Congress the right to require of new generations, as was done by that ordinance, and as may States, not comprised within the original boundaries of appeal to the justice and to the wisdom of the National these United States, the prohibition of Slavery, as a condiCouncils to prevent the further progress of a great and tion of its admission into the Union: Therefore, We appeal to those who look forward to the That our Senators be instructed, and our Representatives

Resolved (if the honorable the Senate concur herein), remote consequences of their measures, and who cannot in Congress be requested, to oppose the admission as a balance a temporary or trifling inconvenience, if there State into the Union, any territory not comprised as aforewere such, against a permanent, growing, and desolating said, without making the prohibition of Slavery therein an evil. by the American Government for the abolition of the the Senate and Assembly of this state, to transmit copies Congress that the early and decisive measures adopted indispensable condition of admission ; therefore,

Resolved, That measures be taken by the clerks of nation's glory. That Slavery was ever tolerated

in the of the preceding resolutions to each of our Senators and Republic is, as yet, to be attributed to the policy of an

Representatives in Congress. other Government. No inputation, thus far, rests on (Unanimously concurred in by “he Senate.)


serious evil.


the last Congress of the United States, and will probably

be as earnestly urged during the existing session of that HOUSE OF REPRESENTATIVES,

body, which has a palpable tendency to impair the politie January 24th, 1820.

cal relations of the several States; which is calculated to Mr. Wilson, of N. J., communicated the fol. mar the social happiness of the present and future genelowing Resolutions of the Legislature of the rations; which, if adopted, would impede the march of

humanity and Freedom through the world ; and would State of New-Jersey, which were read:

transfer from a misguided ancestry an odious stain and Whereas, A Bill is now depending in the Congress of which proposes to spread the crimes and cruelties of Sla.

fix it indelibly upon the present race-a measure, in brief, the United States, on the application of the people in the

very from the banks of the Mississippi to the shores of the Torritory of Missouri for the admission of that Territory as a State into the Union, not containing provisions advocated in the republican Congress of America, in the

Pacific. When a measure of this characier is seriously against Slavery in such proposed State, and a question is nineteenth century, the several Siates are invoked by the made upon the right and expediency of such provision, The representatives of the people of New Jersey, they entertain for the memory of the founders of the Re

duty which they owe to the Deity, by the veneration which said state, now in session, deem it a duty they owe to public, and by a tender regard for posterity, to protest themselves, to their constituents, and posterity, to de- and to limit the ravige of an evil that already hangs in

against its adoption, to refuse to covenant with crime, clare and make known the opinions they hold upon this momentous subject; and,

awful boding over so large a portion of the Union. 1. They do resolve and declare, That the further

Nor can such a protest be entered by any State with admission of Territories into the Union, without restrico 1 wealth has as sacredly respected the rights of othe:

greater propriety than by Pennsylvania. This Common. tion of Slavery, would, in their opinion, essentially im. States as it has been careful of its own; it has been the pair the right of this and other existing States to equal invariable aim of the people of Pennsylvania to extend representation in Congress (a right at the foundation of to the universe, by their example, the unadulterated the political compact), inasmuch as such newly-admitted blessings of civil and religious freedom; and it is their slaveholding States would be represented on the basis of pride that they have been at all times the practical advotheir slave population; a concession made at the formation of the Constitution in favor of the then existing which are so well calculated to enable them to answer the

cates of those improvements and charities among men States, but never stipulated for new States, nor to be in- purposes of their Creator; and above all, they may boast ferred from any article or clause in that instrument.

hai they were foremost in removing the pollution of Sla. 2. Resolved, That to admit the Territory of Missouri

very from among them. as a State into the Union, without prohibiting Slavery 19, indeed, the measure, against which Pennsylvania there, would, in the opinion of the representatives of the

considers it her duty to raise her voice, were calculated people of New Jersey aforesaid, be no less than to sanc- to abridge any of the rights guaranteed to the several tion this great political and moral evil, furnish the ready states; if, odious as Slavery is, it was proposed to hasten means of peopling a vast Territory with slaves, and per- its extinction by means injurious to the siates upon which petuate all the dange.s, crimes, and pernicious effects of it was unhappily entailed, Pennsylvania would be among domestic bondage.

the first to insist upon a sacred observance of the Consti3. Resolved, as the opinion of the Representatives tutional compact. But it cannot be pretended that the aforesaid, That inasmuch as no Territory has a right to rights of any of the States are at all to be affected by rebe admitied into the Union, but on the principles of the fusing to extend the mischiefs of human bondage over Federal Constitution, and only by a law of Congress, con. the boundless regions of the West, a Territory which senting thereto on the part of the existing Siates, Con- formed no part of the Union at the adoption of the Congress may rightfully, and ought to refuse such law, unless stitution; which has been but lately purchased from a upon the reasonable and just conditions, assented to on the European Power by the people of the Union at large; part of the people applying to become one of the States.

which may or may not be admitted as a State into the 4. Resolved, in the opinion of the Representatives Union at the discretion of Congress; which must estabaforesaid, That the article of the Constitution which re

lish a Republican form of Government, and no other; strains Congress from prohibitiog the migration or impor- and whose climate.afford: none of the pretexts urged for tation of slave“, until after the year 1808, does, by neces- resorting to the labor of natives of the torrid zone; such sary implication, adinit the general power of Congress

a Territory has no right, inherent or acquired, such as over the subject of Slavery, and concedes to them the those States possessed which established the existing Conright to regulale and restrain such migra'ion and impor- stitution. When that Constitution was framed in Septemtation after that time, into the ex st ng, or any newly-tober, 1787, the concession that three-fifths of the slaves in be-created State.

the States then existing should be represented in Con5. Rosvloed, As the opinion of the Representatives

gress, could not have been intended to embrace regions of the people of New-Jersey aforesaid, That inasmuch as at that time held by a foreign power. On the contrary, Congress have a clear right to refuse the admission of a

so anxious were the Congress of that day to confine huTerritory into the Union, by the terms of the Constitu

man bondage within its ancient home, that on the 13th tion, they ought, in the present case, to exercise that ab

of July, 1787, that body unanimously declared that Slasolute discretion in order to preserve the political rights very or involuntary servitude should not exist in the exof the several existing States, and prevent the great na. tensive Territories bounded by the Ohio, the Mississippi, tional disgrace and multiplied mischiefs, which must ensue

Canada and the Lakes; and in the ninth article of the from conceding it, as a matter of right, in the immense

Constitution itself, the power of Congress to prohibit the Territories yet to claim admission into the Union beyond emigration of servile persons after 1808, is expressly rethe Mississippi, that they may tolerate Slavery.

cognized ; nor is there to be found in the statute-book a 6. Resolved, with the concurrence of Council,) That single instance of the admission of a Territory to the the Governor of this State be requested to transmit a copy rank of a State, in which Congress have not adhered to of the foregoing resolutions to each of the Senators and

the right, vested in them by the Constitution, to stipu. Representatives of this state in the Congress of the Uni.

late with the Territory upon the conditions of the boon. teu Stales.

The Senate and House of Representatives of Penn. sylvania, therefore, cannot but deprecate any departure

from the humane and enlightened policy pursued not only HOUSE OF REPRESENTATIVES, December 11th, 1919.

by the illustrious Congress which framed the Constitution, }

but by their successors without exception. They are perA motion was made by Mr. Duane and Mr. suaded that, to open the fertile regions of the West to a Thackara, and read as follows:

servile race, would tend to increase their numbers beyond

all past example, would open a new and steady market The Senate and House of Representatives of the Com- for the lawless venders of human flesh, and would render monwealth of Pennsylvania, while they cherish the right all schemes for obliterating this most foul blot upon the of the individual States to express their opinion upon all American character, useless and unavailing. public ineasures proposed in the Congress of the Union, Under these convictions, and in the full persuasion that are aware that its usefulness nust in a great degree de- upon this topic there is but one opinion in Pennsylvania, pend upon the discretion with which it is exercised ; they “ Resolved by the Sonate and House of Representabelieve that the right ought not to be resorted to upon tives of the Commonwealth of Pennsylunia, That the wrivial subjects or unimportant occasions; but they are Senators of this State in the Congress of the United also persuaded that there are moments when the neglect States be, and they are hereby instructed, and that the to exercise it would be a dereliction of public duty. Representatives of this state in the Congress of the Uni

Such an occasion, as in their judgment demands the ted States be, and they are hereby requested, to vote frank expression of the sentiments of Pennsylvania, is against the admission of any Territory as a State into the Dow presented. A measure was ardently supported in Union, unless said Territory shall stipulate and agree


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