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Show 376 TilE AGITATION IN 1847-50. dinance in uctunl operation ; and on the 7th of Aurrust 0 , 1789, it pns ell a law making ihc offi ces of Gor crnor and Secretary of tho 'rcrritory co nform to the Con ·titulion of tho new govcmment. Il di (l nothing more. It made no reference to I he sixth and last section of the ordinance which inhibited slavery. The divi sion of that territory wns provided for in the ordinan ce ; at enc h <1 i vision, the w bole of tho ordinance was assigned by Congress to ea.ch of its parts. ~rhis is tho wh ole sum and substan ce of the free-so il claim to lcgislulivc pt·eeedents. Con gres~ did not assert the right to alter n solemn compact entered iuto with the former govcrnmen 11, but gave its consent by its legislation to tho governments established and provided for i 11 tho compact. If the original compn.ct was void for wnnt of power in tho old government to make it, as ~fl'. Madison supposed, Congress may not have uecn honiHl to nccept ilr-it certainly bad no power to aHer it. Ji'rotu th('SC facts and principles it is clear that the legislation for the N orthwcst Territory does not conflict with the principle which I assert, and docs not afford precedents for the hostile legislation of Con()'rcss against slavery in the territories. 'l1hat such was nci th or tbe principle nor the policy upon which the act of the 7th of August, 1789, was based, is further shown uy the, ubseqncnt action of tho same Congress. On U1c 2d of April, 1790, Congress, by a formn.l act, accepted tho cession made by North Carolina of her wes tern lands (now the State of 'l,ennessce) with this clause in tho deed of cession, "That no regulations made or to be macle by Cong ress shall tend to emancipate slaves" in the ceded territory; and on tho 26th of May, 1790, passed a territorial bill for the government of all the territory claimed by the United States south of tho Ohio river. ~rh o description of this territory included all tho Janus ccllecl by North Carolina, but it included a great deal more. n~ boundaries were left indefinite, because Utero were eouflieling dniltl ..; ; lo all tlto r e. L of THE AGJ'J'A't'ION lN 184 7-00. 377 the territory. Hut this act pnL the wh ole coun try claimcu by tho United SLates south of the 0 hio under I his proslavery clause of' t.hc N orLh Carolina deed. 'l'he whole action of the fi n;t Cong res.· in relation to slavery in the territories of tho United Slates seems to have been this; It acquiesced in a government fJr the North west Territory l.H.l. cd npon a pre-existing an ti-slavery ordi nance, created a. government for the co un t ry c dcd by North Caro lina in coufonni Ly with the pro-1:3lavery clause in her deed, and cxtendcu this pro-1:davcry cla.usc to al l Lhe rest of the territory claimed by Ute United tates south of the Oh io rirer. 'fhis 1 gisln.Lion vindi<'alcs Lhe first Congrrss from a.ll imputation of haviug established the p recedent claimed by the friends of legislative exclu sion. 'rho next territo ri al act which waR pnssed wns tbnt of tho 7th of April, 1798. J t was the firs~ act of Lcrrito rin.l legis laLion which ha(l to rest so lely upon origi nal, primary, co nstitutional power over the Rll hjcct. Jt establ iHhcd n government over the territory in cluded within the boundaries of a line drawn due cast from lhc mouth of' the Yazoo r iver to the Chattuhoocltcc riv r, then down that ri ver to Ute thirLyfit ·st degree of north 1n.Li tuc1 c, then west on that line to the Mis. issippi riv er, Lhen up the Missi ·sippi to the U('ginn ing. 'fhis territory was wi thin i.hc boundary of the U ni ted StaLes ns defined by the treaty of P aris, and was 11ot vv iLhin the boundary of any of the SLates. 'l'hc chnrter of Geo rgia limited her boundary on the south to the Al tnmalm ri ver. In 1763, after the surrend er of her charte r, her limits were cxtcndccl by the Crown to t he St. Mary's r iver, and west on the thi rty- first degree or nor lh btilude to the MiH ·is. ippi. In 1764, on tho recommendation of the Boa rd of 'l,radc, her boundary was ngain altered, and ll1at portion of territory within the boun(lnri 'S whi ch I have descri bed wus annexed to WcsL Ploridn., and thus it stoo(l n.L Lhc H.uvolution and the lrealy uf l'em:e 'L,hercf'urc l11e Uui lcd Slates |