The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-26

adopted bv bare majority and did not receive the vott
of sufficient number OF States to give It validity as
compact And, al one time, this the view OF the
Congress itself In April ISL the ordinance was hrs
proposed; and II had seven States IN ITS favor, three
against and one North Cardinal DIVIDED YET It was
decided TO be rejected Thus showing that the Congress
thought the affirmative vote of nine States, the number
the articles of confederation required TO adopt treaties
was necessary to its adoption But the Congress hndin
Notwithstanding their decision IN 1854 that smaller
number would not be sufficient in 1857 they declared il
necessary to give il validity compact which is want
ing in this Tocreate compact there must be par
hes able and willing to contract and who ia fact do con-
tract Now who in this the parties' The ori-
nance declares the parties to be the original States and the
people and States in the said territory" Now, SIR,
choose this point TO rest upon the fact rather than the
law Which of the original States assented to this
compact Not one II is true, Virginia was asked to
change which was proposed IN the boundary
OF the States. which it was designed to create in the
territory northwest of the Ohio, and the number OF them
from the number and boundaries specified in her deed OF
cesson To this Virginia assenied, but she was moi
asked assent and she did not assent to any other part
State acted in the matter at all viii it be said that they
assented through their delegates IN Congress- They had
no commission to give any such assent Besides 'the
people and States in the SAID territory the other parties
were not represented in Congress- and they
| in any form consulted
II this ordinance is to be considered legislative act
it was always null and void because the Congress OF
1857 had authority to pass as SUCH as the Congress
of 1881 decided But if it is to be considered compact
then it equally void, IT was not adopted by the
it were not consulted Well, then, might Mr. Madison
speak of act done without the least colorof
stitutona authority" In the 3sth number Of the Fed
administration Of this stock" [Referrng TO the public
Iands.] 'sThey have begun to render it productive.
Congress has undertaken to do more they have pro-
ceeded form States to erect temporary govern
ments to appoint officers for them and to prescribe
the conditions on which the States shall be admitted
into the confederacy And all this has been done, and
nj
And in truth the sixth article of the ordinance the
relating slavery, always treated nullity in the
territory itself AT the time of the cesson of the tertory
was uninhabted except BY few French and Canadian
settlers, who held slaves And they continued to hold
them, notwithstanding the ordinance, and the issue Of
many Of them are held as slaves to TINS day
article OF the ordinance of 1857 never had any validity
But Of all the absurd ideas have heard in this hall
the idea that the ORDINANCE is forever beyond the reach
is to "forever remain unaerabe, is, beyond question
the most absurd. The gentleman from Indiana [Mr
PETTIT1 says it is unaerabe because it is compact
Have not shown that it had validity as such
Besides, suppose otherwise who ever had author
ty to bind and their descendants through all time
to the form of government and the institutions under
which they should ve' All governments are compacti
in the sense in which the word compact is used here
yet will any say, in this country, that the people
be restrained their right to alter and reform their gov
ernmens and laws whenever in their opinion, will be
promotve of their prosperity and happiness? II this idea
that this ordinance is forever unaerable be correct her
the Nale6 IN the northwest are uOt bONeTeHu
and they do not stand on equal footing with origna
States And the condition OF the Virginia deed Of ces
sion that they should be admitted into the Union havnl
the same rights OF sovereignty freedom and mdepend
ence other States has been violated Will the north
western States admit that such is their condition OF nfe
rority?
Territories always considered by sound republican,
usurpation Of power; and after the adoption of thu
present constitution, 1t was never deliberately ATTEMPTED
in the purer and better days OF the republic On the I'll
May 1900, the Indiana Territory was formed AT tina
time there such attempts nor on the 10th OF TIL
month"; when act passed authorizing the establish
ment of government in the Mississippi Territory On tbs
Goth of March, 1904 the act erecting Louisiana into two
Territories passed In that act the power attempt
ed be exercised in the section prohibiting others thai
persons removing to the Territory to reside to Introduce
slaves but the attention OF Congress not TO have
been called to it at the time for the next session it was
repealed In the law erecting Michigan into separate
Territorial government there was no attempt at Terrific
rial legislation there in the case OF Illinois, OF
of Missouri In the of Wisconsin there was; ant
the conditions and restrictions Of the ordinance OF l7s
We're recognised. But il was done in general and am
bguous phraseoogy which caused It to pass unnoced
1t was not attempted in the of Iowa nor in the bill
of the last session relative to the Oregon Territory unit
the 9th article OF the ordinance OF 1857 engraet
on il, upon the motion of the gentleman from Mas
sachusetts, [Mr WINrnRop.l On the contrary, in mos
laes to the disposal Of the public lands, is recognised
existing in the Territorial legislatures This is most
clearly done in the OF Iowa, the provision in ret
erence to which, shall have occasion to quote in anoh
er connexion. It is true, in most Of these acts there
secured to the inhabitants OF the Territories all the rights
privileges, and immunties,' granted and secured by
the ordinance of l7s7 and have heard IT contendet
that this recognised the article prohibiting slavery. Blu
it is very clear that this is erroneous view The words
here used are taken from the constitution Of the United
States, where they have a technical and asceranet
meaning In the language of Judge Chase, in the CASE
of Morris VS. Campbell, privilege and immunity syn
onymous or nearly so. Privilege signifies peculiar ad
vantage, exemption, immunity; immunity signifes ex
empton, privilege And in the language Of Mr. Justice
Washington, in the case of Corfeld and Coryel, thu
'.rghs, privileges, and mmunities which designed
be secured by the constitution, and also by the case
question are the fundamental rights and privileges
Such az the right OF trial by jury, Of habeas corpus
religious freedom, acquire and possess property, ant
many other of the same class, which are provided 10
in the ordinance.
And from the act relative to Wisconsin ITSELF it is evi
dent that its trainers did not understand the words Il
question referring to the article of the ordinance rel
alive slavery for the very same section after de
clang 'that the inhabitants of said Territory shall
entitled to all the rights privileges, and advantages Sc
cured by the ordinance 1t is added dnd sd oe suoIef
10 oil the conditions and restrictions and prohibitions
said articles of compact; which words were unnecessa
~ if the construction gentlemen contend Tor Is correct
But 1t has been asked, why do most OF these laws or
ganzing Territorial governments, require that the law
passed by the Territorial Legislature shall be submitted
Congress, and declare that they shall be null if dlsap
proved and Also if this does not look like reservIng IN
power of legisaton' On the contrary these provision
but reserve sort of congressional veto, which enact
nothing, does nothing aiirmatlyey, but puts 1t IN IN
power OF Congress TO arrest legislation, and leave thing
as they The object Is evident II is to enabl
Congress TO arrest Territorial legislation relative to tn
public lands the exclusive right of legislation in refer
ence TO which is reserved to Congress And is believes
that there is instance where Congress has nterposed
attempted to pass laws affecting the public lands Tn
section of the Iowa Territorial constitution shows