The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1848-07-26

may, IN my OPINION, De assigned. lie FOR
ner were limited TO places lying within the
limits and jurisdiction of the States, and the
latter TO public land lying beyond both. The
cession and purchase of the former, with the
consent Of the State within which they
might be situated. did not Dust the sovereign
ty or jurisdiction of the State. They still
remained in the State, the United States ac'
quirIng only the title to the place. 1t there.
fore became necessary to confer or Con.
gress, by express delegation The exercise oI
exclusive power Of Legislation over this Dis,
trict and such places, in or Ter carry out the
object of the purchase and ccssIon. 1t was
sim. " intended to withdraw them from un.
der the legislatures Of the respective States
within which they might lie, and substitute
that of Congress in its place, subject to the
restrictions of The constitution and the ob.
jects for which the places were acquired,
leaving, as have said, the sovereignty still
IN the States IT, which they are situated, but
in abcyance, as far as it extends to legisla-
ton.
Thus, in the case Of this District, since the
retr"cession to Virginia of the part beyond
the Potomac. the sovereignty still continues
in Maryland in the manner stated. But the
case is very different in reference to terrific
ries lying lying as they do beyond the limits
and jurisdiction Of all the States. The Uni
ted States possess not simply the right Of
ownership over them, but that of exclusive
dominion and sovereignty;-and hence it
was not necessary to exclude The power Of
the States to egislate over them, by delega-
Ting the exercise Of exclusive legislation to
Congress. 1t would have been an act of
superererogation. II may be proper to re
mark in this connection, that the power OF
exclusive legislation conferred in these cases
must not be confounded with the power of
absolute legislation. They are very diffe-
rent things 1t is true that absolute power
of legislation is always exclusive, but it by
no means follows that exclusive power Of
legislation or of government is always abso.
lutte. Congress has exclusive power of le-
gislion as far as this government is concern
ed, but we all know that both are sub ject to
many and important restrictions and condi-
linns which the nature Of absolute power.
! have now made good the assertion ]
vcntured to make, that the clause in the con-
s,ituton relied on by the Senator from New
York, so far from conferring The absolute
power of government over the territory
claimed by him, con!ers not particle Of
governmental power. Having conclusively
established this, the list of precedcnts cited
by the Senator, to prop up the power which
he sought in the clause, falls to the ground
with the fabric which he raised; and am
thus exempted from the necessity of refer
ring to them, and replying to them one by
one.
But there is one precedent referred to by
the Senator unconnected with the power.
and on that account requires particular no
lice. refer to the ordinance Of 's7, which
was adopted by The old Congress Of the con-
federation while the con, enlon tha framed
the constitution was in session, and about
one year before its adoption, and of course
on the very eve of the expiration of the old
confederation. Against its introduction, ]
might object that tho Act Of The Congress of
the confederation cannot rightfuIIy form pre-.
cedcn,s fol ihisgovcrnment; but waive that.
| waive also The objection that the act was
consummatcd when that government was IN
extrcmis.' and could hardly be considered
composmenlis." Iwaive also the fact that
the ordinance assumes the form Of COM
pact and was adopted when only eight
States were present, when the articles ol
confederation required nine to form com
pacts waive also the fact. that Mr.. Mad
ison declared, that the act was without shad-
ow of constitutional authority. and shall pro-
coed to show from the history of its adoption,
that it cannot justly be considered Of any
binding force.
Virginia made the cession of the territory
north Of the OHIO, and laying between it and
the lakes. in 1884. 1t now contains the
States Of Ohio, illinois, Michigan, Wisconsin
and a very considerable extent of territory
lying north of the latter. Shortly after the
session, committee Of three was raised il
which Mr. Jefferson was one. They re-
ported an ordinance for establishment Of the
territory, containing among other provisions
one, of which Mr.. Jefferson was the author
excluding slavery from the territory after
the year 1900 1t was reported,o Congress
but this provision was struck out. On tho
question Of striking out, every Southern
State present voted in favor OF it; and wha
is mnre striking, every delegate voted the
same way, Mr.. Jefferson alone excepted
The ordinance was adopted without the pro
vision. At the next session, Rufus King
then member of the old Congress moved I
proposition, very much in the same shape o
the sixth article 0hat whichexcludes slavery
in the ordinance US it now stands, with the
exception of its prnviso. 1t was referred t'
committee, but there was no action on 1t
A committee was moved the next or tht
snhsennnnt wear which renOrted WllhOu