The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-03-31


been felt by the whole naon and its influence will be
experienced for ages TO come As the gentleman 1ronl
South Carolina, MIR BURR has questioned the authon-
y OF Congress that made it, and has doubted It's Legitimacy
under the present constitution, II may not be amss to eN-
anime briefly into It's history. Ii may be conceded mat
there power TO enter into such compact under
the articles of confederation, as this does not IN the
slightest degree interfere with the position that is valid
under the constitutions There has been, Mr. Chairman,
much disputaon about the paternity OF this ordnance,
some ascribng TO the pen q Thomas Jefferson others
attributing to the genius of Nathan Dane About the
clause which has the present occasion elected so
much discussion there can be but one opinion 1t nm
douotedly owes is origin to MIR. Jefferson The hrst
that learn Of this compact is In the year 1854, when
plan for temporary government was submitted to- Con
gfess by committee, composed OF Mr. Jefferson OF Vm-
ginin, Mr. Chase on Maryland, and Mr. Howell OF Rhode
Island In that pa ordained that after the year
$780, of the Christian there should be neither slave
~ involuntary sefyitude in any OF the said States,
audng the States to BE- formed out OF the territory
otherwisc than in punishment Of crimes, whereof the
party shall have been convicted to aye been personally
guilty" Although this clause was struck out by vote
Of Congress yet shows that the project OF excluding
slavery from the northwestern territory was conceived by
southern In 1887, committee composed OF Mr.
Darlington, Mr.. Dane, Mr. r, II. Lee, Mr. kean, and
Mr. Smith reported the plan OF the ordinance which was
finally adopted Here again southern men controlled IT.
On the vote by which sanctioned, the States stood
US follows
MASSACHUSETTS, Mr.: Hoton and Mr.. Dane, ay; New
New jersey r Mr. Clark and Mt scheurman, ay; Della,
ware Mir Kearney and Mr. Mitchell, ay; Virginia, Mr.
Grayson Mr. r. Fl. Lee, ard Mr.. Darlington, ay; North
Carolina, Mr.. Blosnt and Mr. Hawkins; ay South Lar
DINA Mr. Kean and Mr. Huger, ay} Georgia, Mr.. Few
So il appears Mr. Chairman, that the wess is not in
debted alone TO the north for free institutions hut that
the south is entitled to large share OF the credit 1t
has been ntimated that Mr. Madison considered Tins
charter of our rights invalid under the constitution AS
his opinions all constitutional questions are esteemed
b,, LODI to
attention was directed TO his views, and was surprised
to find gentlemen aborng under so extraordinary mis-
take In the number of the Federaist which has been
quoted he mpressng upon the people the necessity
of adopting the constitution and adduced this ordinance
an instance OF the necessary usurpauon OF power ny
Congress under the confederation
Congress (ays e) have proceeded to form new States
to temporary governments; to appoint ohcers Tor
them and prescribe the conditions which such States
shall be admitted into the AN ns has pe a
hory Yet. blame has been whispered; no alarm has
been sounded mean NOT by hi anything han here here
pursued by Congress am sensible they could not nave
done Otherwise The public interest the necessity OF the
utiona hmir, But not the TACT an alarming PROOF Oh
DE danger resulting from government winch docs NOT
possess Regular powers commensurate 70 us oDects
dissolution II spaton is the dreadful dilemma to which
it is continually e&pt&ad
No one can misunderstood this language No one can
read it. and doubt his oplnio OF the meaning anu ioee
of this provision Of the constitution ,.x
The gentleman from South Carolina M Boz
ans that the ordinance is inconsistent win all te e1
ditons of the Cesson of Virginia, and never was ratea
by her It is true it was not in conformity with the
terms of the original cesso, but the dlflculty was SUI
sequeny obviaed The fact Of its having been report
ed by the committee Of which have before spoken It's
being supported by the Virgins members, and no re-
monsance being nerposed by the Ste shows at least,
tacit acquiescencc her part But there more 'nt
this In l7s6 a resolution adopted by Congress- m
wiling the legislature OF Virginia to revise their act ot
cession and in 1888 act was passed by them N Pur
Stance of this request changing the conditions OF nei
cession and raying and confirming the NTH article OF
the compact between the original States, and the people
and States in tie territory northwest OF the ONO
river 1t may be contended that hs was merely sane
tonng the fifth article of the ordinance; whereas II IS
the sixth which the subject Of slavery or lnvol-
untary servitude But by examining the fifth article we
find ii embraces all the other articles OF the compact ana
expressly alluIes to them Set specifying the number
Of States into which the territory Was eventually to be
divided defining their boundaries, and hxS the nunoef
of inhabitants that should be required aneceden 10 me
admission of each into the Unon' II provides Una. 'ils
constitution and government so to be formed I'm any Oh
the States Of the territory should be republican anu w
conformity to the Praee eGna,nsd IN these art'efes
If the State Of Virginia was dissatisfied WIN any o. Inc
provisions of this ordinance, here was the tune Tor her
to manifest it, But instead OF this, the mn sfllcle,
which in its scope embraces all the Others IS soehl
ratified This sir, is not the only evidence o. the assem-
this State and the whole Union to this organic law on he
7h day of August 1882 among the first acts OF the lrs
Congress under the constitution; is to be found one gvhg
full effect to it, and adapting the sme TO the constitution on
the United States. AT the ensuing sesslon N lsoo, me
Indiana territory organized and government, esao-
Eshed without dissent on the part of any member) ~
All respects similar to that provided by the ordinance OF
1887 and the nhahants of the territory were entitled
TO- and enoyed all and singular the rights privileges ana
advantages granted and secured by it. In $50? the In
diana territory was by act of Congress- divided INTO
two separate governments, the one retaining H,e GU
name the other denominated the territory OF Michigan
All the provisions Of the ordinance were engrafted upon
it In 1909 the Idlana territory was again DIVIDED INTO
two distinct governments, the one retaining tle sae
name the other being called the Territory OF ILLINOIS
and the principles of the ordinance incorporated INTO
the act making this division These several acts were
sanctioned by southern members, and approved by pres'
dents Washington and Jefferson, both Virgnlans per
ecty conyersant with the conditions OF the cesson the
rights Of Virginia and the south, and the provisions OIL
the constitution In 1896 the Territory OF Wisconsin was
established and the conditions OF the ordinance wnou'
opposition from any quarter, were Imposed upon her peo
pie Thus it will be perceived, that on tns subject 50
far az the northwestern territory Is concerneu, e aep
of Congress- has been stable and uniform But nOWin
standing this array OF sed facts, are told at ths iae
dav that ethe ordinance was inconsistent WIN all e
conditions of the cesson of Virginia, was inconsistent
and proscrptye to her and the southern STATES ana was
an ass,Imptjon of power" Gentlemen have not careiuy
read the history of the country. or they would not ha'e
fallen into such errors II is perfectly clear mat me AMI
slavery feature originated with Mr. Jefferson, that me
ordinance prevailed by southern votes, and that II mas
ever since been sustained by southern men IL rs 700
late to question its consutionaly too Late to doubl tne
correctness of its principles Let western men sustain
their great charter and extend its benign influences to
other territories and thus increase the prosperity and hap
nness of the whole nation and subserve the interests
! of any particular section OF the country. =,
/, The evidence adduced by the gentleman from Soutn
rarol,, TNr Rupr1 ia show that the ordinance was