overnment of this Territory was subsequently
established and organized under the act of May 10th, 1800; but so much
of the ordinance as prohibited slavery was not put in operation there.
Without going minutely into the details of each case, I will now give
reference to two classes of acts, in one of which Congress has
extended the ordinance of 1787, including the article prohibiting
slavery, over different Territories, and thus exerted its power to
prohibit it; in the other, Congress has erected Governments over
Territories acquired from France and Spain, in which slavery already
existed, but refused to apply to them that part of the Government
under the ordinance which excluded slavery.
Of the first class are the act of May 7th, 1800, (2 Stat. at Large,
58,) for the government of the Indiana Territory; the act of January
11th, 1805, (2 Stat. at Large, 309,) for the government of Michigan
Territory; the act of May 3d, 1809, (2 Stat. at Large, 514,) for the
government of the Illinois Territory; the act of April 20th, 1836, (5
Stat. at Large, 10,) for the government of the Territory of Wisconsin;
the act of June 12th, 1838, for the government of the Territory of
Iowa; the act of August 14th, 1848, for the government of the
Territory of Oregon. To these instances should be added the act of
March 6th, 1820, (3 Stat. at Large, 548,) prohibiting slavery in the
territory acquired from France, being northwest of Missouri, and north
of thirty-six degrees thirty minutes north latitude.
Of the second class, in which Congress refused to interfere with
slavery already existing under the municipal law of France or Spain,
and established Governments by which slavery was recognised and
allowed, are: the act of March 26th, 1804, (2 Stat. at Large, 283,)
for the government of Louisiana; the act of March 2d, 1805, (2 Stat.
at Large, 322,) for the government of the Territory of Orleans; the
act of June 4th, 1812, (2 Stat. at Large, 743,) for the government of
the Missouri Territory; the act of March 30th, 1822, (3 Stat. at
Large, 654,) for the government of the Territory of Florida. Here are
eight distinct instances, beginning with the first Congress, and
coming down to the year 1848, in which Congress has excluded slavery
from the territory of the United States; and six distinct instances in
which Congress organized Governments of Territories by which slavery
was recognised and continued, beginning also with the first Congress,
and
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