or labor may be due. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States: and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive when the legislature cannot be convened, against domestic violence. Art. VI. This Constitution, and the laws of the United States, which shall be made in pursuance thereof, and all the treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The above are all-and perhaps more than all-the clauses of the Constitution, that have been quoted on one side or the other as bearing upon the subject of Slavery. CESSIONS OF SOUTHERN TERRITORY. The State of Kentucky was set off from the State of Virginia in 1790, by mutual agreement, and admitted into the Union by act of Congress, passed February 4th, 1791; to take effect June 1st, 1792. It was never a territory of the United States, nor under Federal jurisdiction, except as a State, and inherited Slavery from the "Old Dominion." The State of North Carolina, like several others, claimed, during and after the Revolution, that her territory extended westward to the Mississippi. On the 22d of December, 1799-one month after the ratification of the Federal Constitution North Carolina passed an act, ceding, on certain conditions, all her territory west of her present limits to the United States. Among the conditions exacted by her, and agreed to by Congress (Act approved April 2nd, 1790) is the following: Provided always, that no regulations made, or to be made, by Congress shall tend to emancipate slaves. Were it not then conceded that Congress had the power to make regulations for the territories which would "tend to emancipate slaves," this proviso would be utterly meaningless. Georgia, in like manner, ceded (April 2nd, 1802) the territories lying west of her present limits, now forming the States of Alabama and Mississippi. Among the conditions exacted by her, and accepted by the United States, is the following: It will be noted that the word "slave " or slavery" does not appear therein. Mr. Madison, who was a leading and observant member of the Convention, and who took notes of its daily proceedings, affirms that this silence was designed-the Convention being unwilling that the Constitution of the United States should recognize property in human beings. In pas- Fifthly. That the territory thus ceded shall become sages where slaves are presumed to be contem- a State, and be admitted into the Union as soon as it plated, they are uniformly designated as "per-earlier period, if Congress shall think it expedient, on shall contain sixty thousand free inhabitants, or, at an sons," never as property. Contemporary his- the same conditions and restrictions, with the same tory proves that it was the belief of at least a privileges, and in the same manner, as is provided in the large portion of the delegates that Slavery ordinance of Congress of the 13th day of July, 1787, for could not long survive the final stoppage of the States; which ordinance shall, in all its parts, extend to the government of the Western territory of the United slave-trade, which was expected to (and did) the territory contained in the present act of cession, the occur in 1808. And, were Slavery this day article only excepted which forbids slavery. banished forever from the country, there might, EARLY ATTEMPTS TO OVERRIDE THE ORDINANCE. indeed, be some superfluous stipulations in the Federal compact or charter; but there are none which need be repealed, or essentially modi fied. A direct provision for the restoration of fugitive slaves to their masters was, at least fugitive slaves to their masters was, at least once, voted down by the Convention. Finally, the clause respecting persons "held to service or labor," was proposed by Mr. Butler, of South Carolina, and adopted with little or no opposi tion. residue of the vast regions originally conveyed When Ohio. (1802-3) was made a State, the by the ordinance of '87 was continued under Federal pupilage, by the name of "Indiana Territory," whereof Wm. Henry Harrison (since President) was appointed Governor. It was quite commonly argued that, though Slavery dient while clearing away the heavy forests, was injurious in the long run, yet, as an expeopening settlements in the wilderness, and surmounting the inevitable hardships and privations of border life, it might be tolerated, and even regarded with favor. Accordingly, the new Territory of Indiana made repeated efforts to procure a relaxation in her favor of the restrictive clause of the Ordinance of '87, one of Art. I. Congress shall make no law respecting an them through the instrumentality of a Convenestablishment of religion, or prohibiting the free exer- tion assembled in 1802-3, and presided over by cise thereof; or abridging the freedom of speech, or of the Press, or of the rights of the people peacefully to the Territorial Governor; so he, with the great assemble, and to petition the Government for a redress body of his fellow-delegates, memorialized Conof grievances. gress, among other things, to suspend temporarily the operation of the sixth article of the Ordinance aforesaid This memorial was referred in the House to a select committee of The following, among the amendments to the Constitution, proposed by the ratifying conventions of one or more States, and adopted, are supposed by some to bear on the questions now agitated relative to Slavery : Art. II. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Art. V. No persons shall be . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. three, two of them from Slave States, with the since celebrated John Randolph as chairman. On the 2nd of March, 1803, Mr. Randolph made | tion of slaves, born within the United States, from any of what appears to have been a unanimous report from this Committee, of which we give so much as relates to Slavery-as follows: the individual States. This report and resolve were committed and made a special order on the Monday following, but were never taken into consideration. The rapid population of the State of Ohio sufficiently tion. The Committee proceed to discuss other subjects set forth in the prayer of the memorial, and conclude with eight resolves, whereof the only one relating to Slavery is as follows: Resolved, That it is inexpedient to suspend, for a limited time, the operation of the sixth article of the compact between the original States and the people and States west of the river Ohio. This Report having been made at the close of the Session, was referred at the next to a new Committee, whereof Cæsar Rodney, a new Representative from Delaware, was Chairman. Mr. Rodney, from this Committee, reported (February 17th, 1804), That, taking into their consideration the facts stated in the said memorial and petition, they are induced to believe that a qualified suspension, for a limited time, of the sixth article of compact between the original' States and the people and States west of the river Ohio, might be productive of benefit and advan tage to said Territory. tatives in favor of suspending, for a limited pe- MASTERS, of N. Y. PARKE, of Ind. RHEA, of Tenn. Mr. Parke, from this Committee, made (Feb. 12th,) a third Report to the House in favor of granting the prayer of the memorialists. This report, with its predecessors, was committed, and made a special order, but never taken into consideration. of the Indiana Legislature, were submitted to Nov. 13th, Mr. Franklin, from said committee, The Report goes on to discuss the other topics embraced in the Indiana memorial, and concludes with eight resolves, of which the first (and only one relative to Slavery) is as follows: The Legislative Council and House of Representatives, in their resolutions, express their sense of the proResolved, 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 permit the introduction of slaves, born within th 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 13th day of July, vided, 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 Tervided, further, that the descendants of all such slaves ritory." shall, if males, be free at the age of twenty-five years, and, if females, at the age of twenty-one years. The House took no action on this Report. The original memorial from Indiana, with several additional memorials of like purport, was again, in 1805-6, referred by the House to a select committee, whereof Mr. Garnett of Virginia was chairman, who, on the 14th of February, 1806, made a report in favor of the prayer of the petitioners-as follows: That, having attentively considered the facts stated in the said petitions and memorials, they are of opinion that a qualified suspension, for a limited time, of the sixth article of the compact between the original States, and the people and States west of the river Ohio, would be beneficial to the people of the Indiana Territory. The suspension of this article is an object almost universally desired in that Territory. After discussing other subjects embodied in the Indiana memorial, the Committee close with 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: Resolved, That the sixth article of the Ordinance of 1787, which prohibits Slavery within the Indiana Territory, be suspended for ten years, so as to permit the introduc The citizens of Clark County, in their remonstrance, express their sense of the impropriety of the measure, and solicit the Congress of the United States not to act on the subject, so as to permit the introduction of slaves into the Territory; at least, until their population shall entitle them to form a Constitution and State Govern. ment. Your Committee, after duly considering the matter, re spectfully submit the following resolution: Resolved, That it is not expedient at this time to suspend the sixth article of compact for the government of the Territory of the United States northwest of the river Ohio. And here ended, so far as we have been able to discover, the effort, so long and earnestly persisted in, to procure a suspension of the restriction in the Ordinance of 1787, so as to admit Slavery, for a limited term, into the Territory lying between the Ohio and Mississippi rivers, now forming the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin. THE FIRST MISSOURI STRUGGLE. The vast and indefinite Territory known as ' payment of American claims on France. This territory had just before been ceded by Spain to France without pecuniary consideration. Slaveholding had long been allowed therein, alike under Spanish and French rule, and the Treaty of Cession contained the following stipulation: Art. III. The inhabitants of the ceded Territory shall be incorporated into the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages and iminunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess. New-York.. Illinois. Nays-Against the Restriction: Total Nays, 76-10 from Free States, 66 from The State of Louisiana, embodying the south- Massachusetts. ern portion of this acquired territory, was re-New-Jersey cognized by Congress in 1811, and fully admit- New-Hampshire. ted in 1812, with a State Constitution. Those Ohio... who chose to dwell among the inhabitants of Delaware. the residue of the Louisiana purchase, hence- Maryland. forth called Missouri Territory, continued to hold slaves in its sparse and small but increas-Slave States. ing settlements, mainly in its southeastern quarter, and a pro-Slavery Court-perhaps any Court -would undoubtedly have pronounced Slavery legal anywhere on its vast expanse, from the Mississippi to the crests of the Rocky Mountains, if not beyond them, and from the Red River of Louisiana to the Lake of the Woods. The XVth Congress assembled at Washington, on Monday, Dec. 1st, 1817. Henry Clay was chosen Speaker of the House. Mr. John Scott appeared on the 8th, as delegate from Missouri Territory, and was admitted to a seat as such. On the 16th of March following, he presented petitions of sundry inhabitants of Missouri, in addition to similar petitions already presented by him, praying for the admission of Missouri into the Union as a State, which were, on motion, referred to a Select Committee,' consisting of residue of the reported amendment (from the Tallmadge in Committee of the Whole, and striction), now moved the striking out of so Messrs. Desha, of Ky., Cobb, of Ga., and Rhea, of Tenn., declared against the bill as amended. Messrs. Scott, of Mo., and Anderson, of Ky., Messrs. Scott, of Mo.; Poindexter, of Miss.; Robert-preferred the bill as amended, to none. son, of Ky.; Hendricks, of Ind.; Livermore, of N. H. ; Mills, of Mass.; Baldwin, of Pa. April 3d, Mr. Scott, from this Committee, reported a bill to authorize the people of Missouri Territory to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States; which bill was read the first and second time, and sent to the Committee of the Whole, where it slept for the remainder of the session. The House ordered the bill, as amended, to a third reading; Yeas, 98; Nays, 56. The bill thus passed the House next day, and was sent to the Senate. The following sketch of the debate on this question (Feb. 15th) is condensed from that in the Appendix to Niles's Register, vol. xvi. HOUSE OF REPRESENTATIVES, FEB. 15, 1819. Mr. Tallmadge, of New York, having moved the following amendment on the Saturday preceding convicted; and that all children born within the said State, after the admission thereof into the Union, shall be declared free at the age of 25 years," That Congress convened at Washington for its second 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 was considered through that sitting, as also that of the 15th, when several amendments were adopted, the most important of which was the following, moved in Committee by Gen. James Tallmadge, of Duchess county, New-York, (lately deceased) : And provided also, That the further introduction of Slavery or involuntary servitude be prohibited, except for the punishment of crimes, whereof the party shall be duly convicted and that all children of slaves, born within the said State, after the admission thereof into the Union, shall be free, but may be held to service until the age of twenty-five years. On coming out of Committee, the Yeas and Nays were called on the question of agreeing cert of interests, it was proper to make concessions. The Mr. Fuller, of Massachusetts, argued that, to effect a conStates where Slavery existed not only claimed the right to continue it, but it was manifest that a general emancipa tion of slaves could not be asked of them. Their political existence would have been in jeopardy; both masters and slaves must have been involved in the most fatal consequences. To guard against such intolerable evils, it is provided in the Constitution, "that the migration or importation of such persons, as any of the existing States think proper to admit, shall not be prohibited till 1808.-Art. 1, sec. 9. And it is provided elsewhere, that persons held to service by the laws of any State, shall be given up by other States, to which they may have escaped, etc.—Art. 4, seč. 2. These provisions effectually recognized the right in the Congress will not contribute to discountenance and ren der abortive the generous and philanthropic views of this most worthy and laudable society. Mr. Tallmadge, of New York, followed States, which, at the time of framing the Constitution, held the blacks in Slavery, to continue so to hold them until they should think proper to meliorate their condition. The Constitution is a compact among all the States then existing, by which certain principles of government are established for the whole, and for each individual State. Sir, said he, 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 consideration, I accompanied dominant principle is REPUBLICANISM, in its largest sense. it with a declaration that it was intended to confine 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 expressly 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 original 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- had learned from Southern gentlemen the difficulties ing Slavery. The compact contains on its face the and the dangers of having free blacks intermingling general principle and the exceptions. 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 safety of the white population of the adjoining of the clause which guarantees a republican form of gov- States, I would not even advocate the prohibition of ernment to all the States. This clause, indeed, must be Slavery in the Alabama Territory; because, surrounded 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 lines 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 over the evil of Slavery, humanity and good morals require us to wish its abolition, under circumstances consistent with the safety of the white population. Willingly, therefore, will I submit to an evil which we cannot safely remedy. I admitted all that had been said of the danger of having free blacks visible to slaves, and, therefore, did not hesitate to pledge myself that I would neither advise nor attempt coercive manumission. But, sir, all these reasons cease when we cross the banks of the Mississippi, into a Territory separated by a natural boundary-a newly acquired Territory, never contemplated in the formation of our government, not included within the Compromise or mutual pledge in the adoption of our Constitution-a new Territory acquired by our common fund, and which ought justly to be subject to our common legislation. The Speaker (Clay) cites the first clause in the 2d section of the 4th article-"The citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States," which he thinks would be violated by the condition proposed in the Constitution of Missouri. To keep slaves-to make one portion of the population the property of another-hardly deserves to be called a privilege, since what is gained by the masters must be lost by the slaves. But, independently of this consideration, I think the observations already offered to the committee, showing that holding the black population in servitude is an exception to the general principles of the Constitution, and cannot be allowed to extend beyond the fair import of the terms by which that exception is provided, are a sufficient answer to the objection. The gentleman proceeds in the same train of reasoning, and asks, if Congress can require one condition, how many more can be required, and where these conditions will end? With regard to a republican constitution, Congress are obliged to require that condition, and that is enough for the present question; but I contend, further, that Congress has a right, at their discretion, to require any other reasonable condition. Several others were required of Ohio, Indiana, Illinois and Mississippi. The State of Louisiana, which was a part of the territory ceded to us at the same time with Missouri, was required to provide in her Constitution for trials by jury, the writ of habeas corpus, the principles of civil and religious liberty, with several others, peculiar to that State. These, certainly, are none of them more indispensable ingredients in a republican form of government than the equality of privileges of all the population; yet these have not been denied to be reasonable, and warranted by the National Constitution in the admission of new States. Sir, when I submitted the amendment now under consideration, accompanied with these explanations, and with these avowals of my intentions and of my motives I did expect that gentlemen who might differ from me in opinion would appreciate the liberality of my views, and would meet me with moderation, as upon a fair subject for general legislation. I did expect, at least, that the frank declaration of my views would protect me from harsh expressions, and from the unfriendly imputations which have been cast out on this occasion. But, sir, such has been the character and the violence of this debate, and expressions of so much intemperance, and of an aspect so threatening have been used, that continued silence on my part would ill become me, who had submitted to this House the original proposition. Sir, has it already come to this: that in the Congress of the United States-that, in the Legislative councils of 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, that it cannot safely be discussed? Are meniholding 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 last 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 awful 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 agement of this evil; upon the extension of this 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 gentlemen in through your widely-extended domain? Its present the slave-holding States. They have long been lament-threatening aspect, and the violence of its supporters, so ing the miseries of Slavery, and earnestly seeking for a far from inducing me to yield to its progress, prompt me remedy 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 met, and the extension of the evil must now be prevented, found a colony in Africa for the emancipated blacks. or the occasion is irrecoverably lost, and the evil can How will the generous intentions of these humane per- never be controlled. sons be frustrated, if the price of slaves is to be doubled by a new and boundless market! Instead of emancipation of the slaves, it is much to be feared that unprincipled wretches will be found kidnapping those who are already free, and transporting and selling the hapless victims into hopeless bondage. Sir I really hope that Sir, extend your view across the Mississippi, over your newly-acquired Territory-a Territory so far surpassing, in extent, the limits of your present country, that country which gave birth to your nation-which achieved your Revolution-consolidated your Union-formed your 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 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 prinsituation without a parallel, and occupying all the valua-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, 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 to 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. 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. He 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-nay, 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 con-ous 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 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 no scoff of the world. superintending control, other than that expressly given in the fourth section of the same article, which read, "The United States shall guarantee to every State in this Union a republican form of government." This end accomplished, the guardianship of the United States over the Constitutions of the several States was fulfilled; and all restrictions, limitations and conditions beyond this, was so much power unwarrantably assumed. In illustration of this position, he would read an extract from one of the essays written by the late President Madison, contemporaneously with the Constitution of the United States, and from a very celebrated work: "In a confederacy founded on republican principles, and composed of republican members, the superintending government ought clearly to possess authority to defend the system against aristocratic or monarchical innovations. The more intimate the nature of such an union may be, the greater interest have the members in the political institutions of each other, and the greater right to insist that the forms of government under which the compact was entered into, should be substantially maintained. But this authority extends no further than to a guarantee of a republican form of gov ernment, which supposes a preexisting government of the form which is to be guaranteed. As long, therefore, as the existing republican forms are continued by the States, they are guaranteed by the Federal Constitution. Whenever the States may choose to substitute other republican forms, they have a right to do so, and to claim the Federal guarantee for the latter. The only restriction imposed on them is, that they shall not exchange republican for anti-republican Constitutions; a restriction which, it is presumed, will hardly be considered as a grievance. Sir, we have been told, with apparent confidence, that we have no right to annex conditions to a State, on its admission into the Union; and it has been urged that the proposed amendment, prohibiting the further introduction of Slavery, is unconstitutional. This position, asserted with so much confidence, remains unsupported by any argument, or by any authority derived from the Constitution itself. The Constitution strongly indicates an opposite | conclusion, and seems to contemplate a difference between the old and the new States. The practice of the government has sanctioned this difference in many respects. Sir, we have been told that this is a new principle for which we contend, never before adopted, or thought of. So far from this being correct, it is due to the memory of our ancestors to say, it is an old principle, adopted by them, as the policy of our country. Whenever the United States have had the right and the power, they have heretofore prevented the extension of Slavery.. The States of Kentucky and Tennessee were taken off from other States, and were admitted into the Union without condition, because their lands were never owned by the United States. The Territory northwest of the Ohio is all the land which ever belonged to them. Shortly after the cession of those lands to the Union, Congress passed, in 1787, a compact, which was declared to be unalterable, the sixth article of which provides that, "there shall be neither Slavery nor involuntary servitude in the said Territory, otherwise than in the punishment for crimes, whereof the parties shall have been duly convicted." In pursuance of this compact, all the States formed from that Territory have been admitted into the Union upon various conditions, and, amongst which, the sixth article of this compact is included as one. ; Mr. Scott believed it to be a just rule of interpretation, that the enumeration of powers delegated to Congress 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 Eng-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 his own State; otherwise, discontent and murmurings would prevail against the general government who had deprived him of this equality. After this long practice and constant usage to annex conditions to the admission of a State into the Union, will gentlemen yet tell us it is unconstitutional, and talk of our principles being novel and extraordinary ? Mr. Scott, of Missouri, said: For example, if the citizens of Pennsylvania, or Virginia, 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 he re- I would have more rights, privileges and powers in their |