out yeas and nays. In that Congress were
three of the "thirty-nine" who framed the original Constitution. They were
John Langdon, George Read, and Abraham Baldwin. They all, probably, voted
for it. Certainly they would have placed their opposition to it upon
record, if, in their understanding, any line dividing local from Federal
authority, or anything in the Constitution, 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 Lousiana. 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.
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. 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. Mr. King steadily voted for
slavery prohibition and against all compromises, while
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