Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1836-11-02
ordinance of 1797--hence it is, that our
assent has been asked TO the proposed mod

ordnance OF I76I--hcnce 1t Is, that our
assent has been asked TO the proposed mod
ifications of our state constitution. c
Ii was very Justly remarked by Mr.. Ha.
mer, of Ohio, in the house of representa-.
tivcs in June last, that /" No one has been
SO wild yet, as TO contend that congress can
alter the lines of one of the states Of this
Union. The territorial jurisdiction of eoch
state Is as far removed from the control
of congress, as the regulation of her state
revenue, and the notifications of her poor
laws. If congress could at pleasure dis
member a state; could cut off few coun-
ties from one and add them to another;
then oar liberties sooNld indeed be held la a
JratI tenure" Michigan then having form
cd her government, as the sovereign act of
its own people, with the express sanction Of
congress-, and having presented herself in
the attitude Of q STATE for admission into
the Union; we are bound to suppose that
congress by the act of June 10Th, 1886,
which accepts Internationally our constitu.
ton, intend the change of boundaries there
in proposed, rather as propositions to US
than as an absolute transfer of portion
of our territory, one of the best harbors on
the lake, and our jurisdiction over the wa
tiers of Lake Erie, to neighboring state;
but, fellow-citizens, in either event, congress
by requiring our assent, have virtually re-
cognized us as party in this case. And
even if all that they proposed to bestow up
on Ohio were of small moment or oftrihing
consequence--and if your convention fell
low citizens, had been clothed with ample
powers so to alter your constitution as to
renderit conlormable to the boundaries pro-
posed to us as terms Of our admission into
the Union; we could not assent while this
menace was suspended over us. But we
had not that power--we could not assent
without a violation of our constitution, and
joining with congress in at least an attack
upon that of the United States. @
With regard, fellow.ctizens, to the sepa.
rate act for the establishment of the north
ern boundary of Ohio, it requires but
passing notice it is in itself void and un-
CONSTITUTIONAL is Mt variance with the or
dinance Of 1887; it conflicts with the con-
stitution of this state previously formed and
accepted by congress; and is at direct va.
rance with various prominent clauses in
the constitution of the United States, in one
Of which it is declared--"n nothing in this
constitution shall be so construed as to pre-
JUDGE any claims of the United States, or
of any particular state"-hence if Michi-
gan ever had just claim to the disputed
territory she has it still, and no law of
congress can affect that claim one single
iota. 90 49,
1t has been urged by the advocates of
the claims of Ohio, that the ordinance of
l7S7 was superseded by the adoption of
the constitution Of the United States, and in
support of this allegation confidently quote
the last clause Of the third section Of the
fourth article of the constitution as follows.
-" Congress shall have power to dispose
of, and make all needful regulations respec-
ting the territory or other property belong
ing to the United States" Reference is
here unquestionably had alone to the pow
er of congress over the public lands; but adj
hitting for arguments sake that it is intend
ed to apply to the Territories Of the United
States, still we insist that all grants Of pow
err are to be strictly construed. The pow
err of congress is limited even over the Dis
trict of Columbia by the terms of cession
from Virginia and Maryland. In every
spot of territory which congress have ac-
CURED throughout the United States for for
tifications or other purposes, the grants are
limited, and the power of congress over
them specially defined, beyond which they
cannot go. So also in the purchase Of
Louisiana and Florida the power of con-
gress was limited by the treaties with France
and Spain, and whenever they go beyond
f those limits they palpably violate q supreme
law of the land--And is the Territory N.
, w. of the River Ohio a solitary exception
TO this we'll established rule? No when-
ever congress rudely violates the compact
of 's7, they forfeit their own jurisdiction,
and the territory either reverts to the origi-
nal grantors, or becomes the Inheritance of
its own inhabitants. But the prudent sages
who formed our constitution, with that vlgi.
lance and care which marked all their pro-
! ceedings, have cautiously guarded this ave.
+. nue. to the understandable extension of the
power of congress. The first clause of the
! sixth article is as follows
! GAIL debts contracted and engagements
entered into before the adoption of this con-
/ stitutiou shall be asyaiid against the United
States under this constitution as under the
, confederation. Congress then fill precise
: " the same place under the constitution
. which they did under the confederacy,
! their powers on this subject are neither
? diminished nor enlarged, and in neither
case had they any power at all except what
: they derived from the articles OF compact.
Il IL the power Of congress over Michigan
!, was supreme and without limitation, then
1 indeed our slavery and degradation would
/ be as complete as that of the serls of the
autocrat Of all the Russias, aud If bis
j Majesty the King Of Great Britain woubl
\ outbid Ohio, there would be nothing to pre-.
J vent transfer of part OF the .whole Of
/ Michigan to him and we hencesorth becoina