ution, properly forbade the
Federal Government to control as to slavery in federal territory.
In 1803, the Federal Government purchased the Louisiana country. Our
former territorial acquisitions came from certain of our own States;
but this Louisiana country was acquired from a foreign nation. In
1804, Congress gave a territorial organization to that part of it
which now constitutes the State of Louisiana. New Orleans, lying
within that part, was an old and comparatively large city. There
were other considerable towns and settlements, and slavery was
extensively and thoroughly intermingled with the people. Congress
did not, in the Territorial Act, prohibit slavery; but they did
interfere with it--take control of it--in a more marked and
extensive way than they did in the case of Mississippi. The
substance of the provision therein made, in relation to slaves, was:
_First_. That no slave should be imported into the territory from
foreign parts.
_Second_. That no slave should be carried into it who had been
imported into the United States since the first day of May, 1798.
_Third_. That no slave should be carried into it, except by the
owner, and for his own use as a settler; the penalty in all the
cases being a fine upon the violator of the law, and freedom to the
slave.[17]
This act also was passed without yeas and nays. In the Congress
which passed it, there were two of the "thirty-nine." They were
Abraham Baldwin and Jonathan Dayton.[18] As stated in the case of
Mississippi, it is probable they both voted for it. They would not
have allowed it to pass without recording their opposition to it,
if, in their understanding, it violated either the line properly
dividing local from federal authority, or any provision of the
Constitution.
In 1819-20, came and passed the Missouri question. Many votes were
taken, by yeas and nays, in both branches of Congress, upon the
various phases of the general question. Two of the
"thirty-nine"--Rufus King and Charles Pinckney--were members of
that Congress.[19] Mr. King steadily voted for slavery prohibition
and against all compromises, while Mr. Pinckney as steadily voted
against slavery prohibition and against all compromises. By this,
Mr. King showed that, in his understanding, no line dividing local
from federal authority,
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