Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-29

DC Selec'tu: HghtS mignI extend to so
vereigmty, and ttie might be limited 10
lands, without including easements or pr-
vlleges. The claims OF several states had
just been coded TO the Umiied States.
These II was the object o: the convention
10 secure from prejudice" iha, in "a
cession OF jurisdiction they should be
preserved with the same attributes as be-
fore. But, 10 establish the position be.
yond the power of doubt, | ask gentle
men TO attend 10 the history of The origin
and progress OF this clause in the con.
vcniIou.
On the 3Oii August, 1887, when this
section VAS under discussion, an amend :
ment was proposed, in these words, "pro-
vided nevertheless, that nothing in This
constitution shall be construed TO affect
the claim OF The u. States 10 vacant lands
coded 10 them by the late treaty OF peace. >
They had perceived the mischief, but, as
they limited the remedy TO those vacaat
lands only coded "by the late treaty of
peace, no provision was made TO secure
stale lie remedy was inadequate, ard
THIS motion was Withdrawn 10 make room
tar The following: -" Nothing in this con-
sii'ullon shall be- construed 10 alter the
claims OF the United States, or of The
inanidual states, 10 the western terrific
ry. i his embraced the STATES as " ell as
the u. ,. but II was detective i'm restrict
ing The provision TO The lands In the wes-
Tern territory, and was withdrawn for This
ptoviso, which Was inserted, aud finally
adopted by ten states against one. You
VIII now perceive that this express power
Was intended 10 embrace the very cases
winch have been cited as precedenis.
beiore The admission of Louisiana, the
lands OF The United States there were Sc.
cured from prejudice" by being exempt
from taxation tive years after The sale,
anu ion'residents were 10 be taxed no
more Than residents. To alter these pro
visions would prevent the sales, diminish
The value, and therefore prejudice"
the claims" / trust, sir, we have eff
ieciudlly disposed OF this class of prece-
dents.
The same reasons, and more, apply TO
iie reservation that the navigation OF the
Mississippi shall be free to all. Congress
liau no power TO grant an exclusive right
ia This river. BY the Sih article of the
treaty OF 1888, lis Tree use. from lbs source
10 las mouih, was reserved 10 the subjects
ahd ciiizens OF The contracting parties
Anu although, since The convention of
1910, Which excludes Great Britain from
all The shores OF the river, the right of her
subjects may be extinct, still they were,
a' the Time oi lills reservation, entitled TO
us use. hut were this use reserved eX-
claslveiy IL the citizens of the u States.
Congress could never divesi il. Is il sun
possible that they could alien this river I'm
fee, lease II on long leases, or farm i, for
toll SO long as citizen of the Uuiied
ut.
might as well exclude him from the Gull
oi Mexico. But, reason which way Won
WILL Congress could not cede il. and
therefore The constitution gives them a
right TO reserve it. They could not. and
taey were therefore obliged 10 retain il.
And gentlemen may take which horn OF
The dilemma they please.
Having removed the obsiruciiona i'm
tins quarter, now ask the committee 10
ascend The Mississippi, enter the Ohio.
cross over 10 ihe northwest. and There
examine, with me, this mighty obstacle
he ordinance OF The l3'h July, 1857. and
see II that is moi az easily demolished -
Ii Is an ordinance Tor the government
OF tie territory OF The Omitted Slairs north
wesi OF the river Ohio" II is i'm NV view
not 40 offensive as some have desc5ibe,I
-
lion, violation of compact, let us exam
Inc aud endeavour 10 understand il. lis
principal objecI is TO establish govern.
mcnt for the territory. Ii cedes ieYjsla.
i've, executive, and judicial powers prn
| vIdes Tor their origin, and prescribes lI.i,
| operation. II then establishes and d,.
fines certain rights as secured 10 tIe re
speciive parties of the compact. and I'm
a. tIpn IN IL tsIt
articles. In reading these, the most su
peIhcial observer will perceive That rlei,
| object is twO ioli-Ope TO establish Ger
tain rights between the United Stales and
| the people OF the territory, aud the othr
| 10 prescribe The terms on which The uev
states, to he formed ont of this i,rgitorv
are 10 become members OF The Union
| These Two objects are clearly DESIGNATED
III HE preamble 10 The articles. One il
" 10 fix aud establish The PRINCIPLES q
civil and religious liberty as the basis o
| all laws, constitutions aud governments,
which forever hereafter shall be lorme t
in said territory" The other is :" 10 Dro
vide also for The establishment of stale
and permanent government therein. an,
tor their admission 10 a share in The fed
eral councils, or an equal footing Wiih TIA
original states" IL then declares Ties
to be articles Of ompact"-beiweer
whom2 Two descriptions Of par,irs-
the United States and I" The people" q
the territory of tse United States. an,
The " states" 10 he formed therein. III
phraseolT!y of these articles keeps up hi
distinction, and the provisions are ppci
Ilarly adapted TO these different object.
The first, second, and third articles re-
lale exclusively 10 the territory. Free
dom of religious worship, habeas corps,
trial by jury, and Judicial proceeding
according 10 the common law, reasOnaJl
bail, moderate fines and pnnishmenis, :,
curly ct property, encouragement Of edl
Callnn and an ennnl renresrnI.iiinn IN IN