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.
This act also was passed without ayes 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 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, nor anything in the
Constitution, was violated by Congress prohibiting slavery in Federal
territory; while Mr. Pinckney, by his votes, showed that, in his
understanding, there was some sufficient reason for opposing such
prohibition in that case.
The cases I have mentioned are the only acts of the "thirty-nine," or
of any of them, upon the direct issue, whi
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