Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1848-09-20

a gainst whom they are TO lie enforced,there
must be an executive arm to enforce the
decisions Of the courts. In every theory
of government, where one Of these exists.
the others exist. Under cur Constitution,
they are divided into three parts. and APP
portioned among three coordinate bodies
Whoever denies one Of these must deny
them all.
If the Government oflhe United States.
therefore. has no right 10 legtsIafe for the +
Territories. il has no right to aajHftcafe /
for the Territories: if il has no right 10
d3juIicate. then Il has no rightto enforce
the decisions Of the judicial tribunals
These rights must stand or fsll together.
He who takes from this Government the
law making power. IN regard II Terrific
ries. strikes also the balances OF justice
from tho hands ofthe Judge. and the mace
d authority tro:n those of The Executive
There is 10 escape from this conclusion
The Constitution gives no more authority
TO atiiulge suits in the Territories. or to
execute the decisions Of the Territorial
courts than it does TO legislate. IT Con-
gress has no power over territory, only as
iand. then what does this land want oil
Judges and marshalsl Is it not obvious.
then. that this new reading of the Constr
tuition sets aside the whole Legislative. lu-
Gicial. and Executive administration OF this
Government over Territories, since the
adoption Of the Constitution 1t makes
the whole Of it invalid. The Presidents.
all members o! Congress. all Judges upon
the bench have been in dream for the
last sixty wears. and are now walked up
and recalled To their senses by the charm
Of a newt y-discoyered reading OF the Com
stiti'ion.
Hitherto sir. | have not directed my re-
marks TO the actual Legislation by Con-
grcSs on the subject OF slavery in the
Northwestern Territory. SO called. That
territory was consecrated to freedom by
, the ordinance of 1897. 1t has been said
that the Confederation had no power TO
pass such an ordinance. One answer to
this is. that the ordinance was Il "com-
: pact in terms. and SO was adopted and
ratified by the sixth article of the Constr
tuition. under the term engagement
Bot whatever may be thought Of this
answer, there is another one which is con-
elusive. Congress has ratified the ordi-
nance again and again. The first Con-
! mrcss at lis first session passed an act
whose preamble is as follows: Where.
as, in order that the ordinance Of the [
: States. in Congress assembled. for the
, government Of the territory northwest OF
the river Ohio, may continue TO have full
, effect" &c. 1t then proceeds TO modify
some parts of the ordnance, and 10 adopt
} all the rest
In the Cd section Of the act Of 1900
chapter II, establishing the Indiana Ter
ritory, il IS expressly provided that its gov
, crnmcnt shall be ain all respects similar
to that provided by the ordinance Of 1857"
In the act Of 1899, chapter 40. section
). authorizing Ohio to form constitution
and State government. this ordinance o.
1897 is three times referred TO as 4 valid
and existing engagement: and it has al
= wav; been held TO be SO by the courts o
f Ohio.
SO in the act of 1916, chapter 81. see
, ton 4, authorizing the erection OF Indiana
into a State the ordinance is again recog
{. nizcd. and is made a part Of the funda
mental law of the State.
: SO in the act Of 1878, chapter G7. sec
= ton / authorizing Illinois 10 become ;
state:
! So in the act of 1895. chapter ;. sec
: ton 2, establishing the Territory Of Michi
J. gan.
SO of Wisconsin. See act of 1917
! chapter 53, in connection with the con
stitution Of Wisconsin.
). But all this is tedious and superi,,ious
:. have gone into this detail. because un
derstand the gentleman from Nlrglnl
Mr. BAYLYl TO have denied this adoption
T. and these recognitions of the ordinance
q hazard noihiu, in saying that the ortii
). nance of 1857 has been expressly refer
J. red to as valid, OF expressly or implied
= reinacted, dozen times, by the Congress
il Of the United States: and, in the Stat
courts of Ohio. Illinois, Louisiana. Mis-
,. sissirpi, and Missouri, it has been adluda
!, cd 10 be constitutional. How. then. is
possible for any mind amenable to lcga
:, rules for the decision of legal question:
,r to say that Congress cannot legisate. {
has not leeislated. Except once or twic
IS inadvertently on the subject Of SLAYER
10 in the Territories!
FRO BE CONTINUED.