Slavery -- United States; United States -- Politics and government -- 1849-1853
But Congress has not stopped with the exercise of the
constitution-making power. In various forms, and at all times, it has
legislated for the territories, in the strictest sense of the word
_legislation_. It has legislated again and again, and ten times again,
on this very subject of slavery. See the act of 1794, prohibiting the
slave trade from “any port _or place_” in the United States. Could any
citizen of the United States, under this act, have gone into one of
our territories and there have fitted out vessels for the slave trade?
Surely he could, if Congress had no right to legislate over territories
only as so much land and water.
By statute 1798, chapter 28, § 7, slaves were forbidden to be brought
into the Mississippi Territory from without the United States, and all
slaves so brought in _were made free_.
So the act of 1800, chapter 51, in further prohibition of the slave
trade, applied to all citizens of the United States, whether living in
territories or in organized states. Did not this legislation cover the
territories?
By statute 1804, chapter 38, § 10, three classes of slaves were
forbidden to be introduced into the Orleans Territory.
Statute 1807, chapter 22, prohibiting the importation of slaves after
January 1, 1808, prohibited their importation into the territories in
express terms.
Statute 1818, chapter 91, statute 1819, chapter 101, and statute
1820, chapter 113, prohibiting the slave trade, and making it piracy,
expressly included all the territories of the United States.
Statute 1819, chapter 21, authorized the President to provide for the
safe-keeping of slaves imported from Africa, and for their removal
to their home in that land. Under this law, the President might have
established a depot for slaves within the limits of our territories, on
the gulf, or on the Mississippi.
By statute 1820, chapter 22, § 8, Congress established what has been
called the Missouri compromise line, thereby expressly legislating on
the subject of slavery. So of Texas. See _Jo. Res. March 1, 1851_.
By statute 1819, chapter 93, statute 1821, chapter 39, § 2, and statute
1822, chapter 13, § 9, Congress legislated on the subject of slavery in
the Territory of Florida.
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