slavery within them. But they did interfere
with it—take control of it—even
there to a certain extent. In 1798, Congress organized
the Territory of Mississippi. In the act
of organization, they prohibited the bringing
of slaves into the Territory, from any place without
the United States, by fine, and giving freedom to slaves
so brought.[15] This act passed both branches
of Congress without 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.[16]
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 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