Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-07-21
THE RICHMOND ENQUIRER.

| thOrltY 10 dlleT TUG laws dS hucJ oho''
An authority which they freely exerc'seu =.
But short time after the organization Oh w
Territorial Government Of Ohio, the Legislature
under il altered the provisions Of the ordinance
in many particulars. Irecollect particularly II
reference TO the course Of dcscents, and IN
mode Of conveying property; and they aaop'ed
in the words of the Virginia statute, the laws
England in force prior to the fourth year
James |. Now it seems very much like aosur
dity to me TO say that Congress has the power t
legislate for the Territories, and at the same
time concede that the Territorial Legislature
may repeal laws enacted by it.
The ordinance, on face shows that lis ffamer:
considered that They were organizing "a Stale,
for which The ordinance was 10 be temporary
constitution until ii could substitute one belter suit
ed 10 lis wants. In is first section il declares
'thal The said Territory, for ,hs purposes ola lem
porary government, be one disrict-sublecI, how.
ever, 10 be divided inio two districts" Afterwards
II says: "The Legislatures Of these districts OF
neU STATES shall never interfere in the primary dis
posal Of The soil Of tte United States." Again j.
says: land whenever any oil The said States sha
have sixty thousand free inhabitants therein such
Stats shall BE- admitted, By its de'cgat:s, into the
Congress otihe United States, on an equal ioohnS
win The original States" Il is very evident that
The Congress considered that they were organiz-
ing Sialcs-new States, in conIradislncuon 10
THE original thirteen; 10 The admission OF which,
"by lis delegates, into Congress" The only oosta-
rle seemed 10 be the want Of requisite popula'
tim.
In 1887, rs in 1874, Congress very evidently
disrusted their powers 10 lesisaie for The IeffI'
tories; and hence they attempted 10 give some
show Of validity 10 such portions OF II as parooR
ola legislative character, by styling them "a COM
,,.b, had TIuht.
by vote OF nine States, 10 sanction. But coacede
IL To be in lis nature, a compact, and such one
as Congress could enler into, and yet you 90 not
give i! validity.
To create a compact, there must be parties able
and willing 10 contract, and VINO, IN lacl, DO con,
tract. Now, who in this case we're me rarues
The ordinance declares the parties 10 oe inc
| original States and he people ana ota'es VI .he
said territory" Now, sir, choose on This point
70 rest upon the iac' rather than the lay. Which
OF lhc original States ever asssn"d 10 ms com
pacr2 Not one! Il is true, Virginia was asked
10 consent 10 a change which was proposed 10 lhe
boundary Of The States, which il was designed 10
create in The territory northwest 81 the ONO, and
The number 0! them from The number and ounn-
dar;es specified in her deed Of cession. 10 his
Virginia aSscu;ed, but she was not asked 10 as
sent, and she did MOI assent, 10 any other part OF
| the ordinance. There is no pre;ence mat any
other Stale acted in The mailer al all. Will il be
said that they assenled through their delegates IN
Congiess1 They had no commission 10 give any
such assent. Besides, "lhe people and States 10
the said territory" The her parties were mol re-
presented in Congress, and,ney never were In any
form consulted.
Ifthis ordinance il to be considered lesls'a.
tive act it was always null and Void; because Inc
Congress OF 1857 had no authority 10 pass II as
such. But il i, IS TO be considered compact
then i! was equally void as the pretended parties
10 i! were mol consulted Well, 'hen, might Mr.
Madison speak of il as an ACT "tone without The
least color OF constitutional authority" 10 The
3Sih number OF The Federalist, Mr.. Madison says,
"Coneress has assumed the administration OF lhls
Stock, referring TO The public lands They have
begun 10 render il productive. Congress has un'
| dertaken TO DO more: they have proceeded 10 form
| new States; TO erect temporary governments; 10
appoint officers Tor them; and TO prescribe The
| conditions on which The Slates shall be admited
into h. Confederacy. and I'll thus has ose1, donc,
and done Ditaort TIC least cotor Of constitutional
autior,ty" And, in truth, the SIKH article OF me
| ordinance 1.-THE one relating 10 slavery was al
WAYS treated as nnlIite in The territory ilsei.-
AZ The time OF The cession Of the erfitary, It was
| uninha biied except By few French and Cana
dian settlers, who held slaves. And they con.
| lnued 10 hold them, Notwithstanding the ordI.
nance and The issue Of many OF them are held as
slaves 10 This day.
The States formed in the Northwestern terrific
rs. and the Congress OF the United States itself,
by their respective legislation, have shown that
they regarded il as nullily.
In the constitutions which those States formed
preparatory 10 their admission into the Union,
they prohibited slavery; which was unnecessary,
il il was already pc PeIually excluded by the or
g Commended
In Illinois slavery still exists 10 small extent,
as il has not yet disappeared under The operation
OF her VS. for its gradual aboiiion; and yet lil
nois was within The territory comprenended IN Inc
ordinance Of 1887.
In he law OF Congress of 1893, relative 10 fugi-
ives from service, This language occurs:
SEC g. Aud BE- II also cnacted, That when
person held 10 labor in any Of the United Safes,
mr. IL, either OF the Tsrrtoris; The n0rhccst or
south oil the Ohio, under the lal1 ttereof shall es-
cape into any other oil The said SAFES, or iefnlo.
ry the person 10 whom such service or labor shall
b. due" SC.
There was no territory northwest OF The Ohio,
EXCEPT thai covered by Inc ordinance Of 1887; yci
this la o! Congress, passed shortly after the adop.
lion of the Constitution and The passage oil Inc or
dinauce OF 1871 recosnizeslhe existence OF slave.
~ IN it, The ordinance 10 The contrary notWilh-
standing
IiHlnh IL Su1lCIPllir CItdl, wi. thas
the sixth article of the1 ordnance OF 1857 never
had any validity. But Of all The absurd ideas
have ever heard 10 this hall, the idea that The or
diuancc is forever beyond The reach oil the PEG
ole OF The present States and in IT, own language, is
10 "lo'ever remain unallerable, is, beyond ques'
lion. The mcsl absurd. Il has been said that j! is
unaerab!e, because il is a compact. Have net
| shown that il never had validity as suchi be.
| cause, suppose il was Otherwise VINO ever had
| au horny 10 bind men and their descendants
through all time, as 10 The form OF government
and the institutions under which they should live3
| All governments are compacts 10 the sense IN
! which the word compact is used here;yrt will
any one say, in this country, that The people can
! ne restrained in their right 10 alter and reform
their governments and laws whenever, in their
| opinion il will be promove oil their prosperity
| and h,npiness2 II This idea that this ordinance
is forever unaerabie, be correct, then The States
! in the northwest are not completely sovereign
| and they do not stand on an equal iooting with
he original States. And The condition 0! The
Virginia deed OF cessi0n that IneY should be adj
nii,ed into the Union 'navng The same rights OF
sovereignty, freedom, and Independence as Other
States. has been violated VIII The nor,hwes.
fern States admit that such is their condition OF
interiory3
Amer The adoption of The Constitution, in the
pnrer ami better days Of The Republic, there never
was any auemp, by Congress 10 Iegisae for The
territories.
On the 7,h May, 1900, the Indiana territory was
formed. Al that time there was no atempt 10
control The domestic institutions OF The territories;
nor On The l0.h Of the same month, when an aci
passed authorizing The establishment OF govern
men, in the Mississippi territory. On The 26;h
OF March, 1904, the act erecting Louisiana into
Two territories was passed. In that ACT, the pow
er was altemnlet 10 be exercised in The section
prohintir. aay others than persons removing &c
The territory 10 reside 10 introduce slaves; but the
attention OF Congress seems not 10 have been call
ed 10 at The time, Tor the next session was re-
pealed
This act the gentleman from Maine mir
Smaul referred to, 10 sustain him in his claim o.
the power in Congress 10 egislale for the terri
tories upon the subject OF slavery; but, il The gen