New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-19

qlired leaving A. have saii the s0vereIg sui 90
tie STATE Whch they situated, bug m a1-ya nce
p iag a. % eXelds % legislation 4aus 10 me case Oh
this District since the retrOces-lou to Virginia az lt
part beyond tie Potomac. the sovcreiEuiY ETH c1u-n
in Maryland the manner stated But The case a.
very Different 10 reference o. territories lying a. they
30 beyond the m.ts an jlrisdctons Of al the states
The United states possesses not simply tie night oiown-
erhp over them but that Of exclusive dominion and SOW
eregnty and hence t was not necessary ~ Ncude me
power OF states 20 e-slse over them, By deegatine
the exercse Of exclusive legislation % Congress %
would have been an act OF supererogaton. u may BE-
proper 20 remark 90 this connection hat the power o.
exclusive l-iatiOn conferred 10 these cases must not
be COMPOUNDED with tue power % absolute sisiaon-
They different thlnss il IS true that absolute po"
o. ie- station j. always exclusive, but . - ~ mean
follows that exclusive power OF legislation OF VI govern
ment is likewise always absolute. congress 1as ne
exclusive power Of legislation as far AZ tns GJvern-
lent q concerned and the state Legislatures a. Tar a.
their respective governments are concerned bat we Sd
know that both subject 20 many and important re-
.trictons and conditions which the nature Oh absolute
power exclude
have nov made good the assertion ventursd to
make that the clause IN the Constitution relied on ~
Senator from Newlork go far from comforting the
absolute power Of Government over tie territory
claimed by him. and others who agree with mm' con-
icrs not particle Of governmental power. Having
c0ncu-yey established this, the long Ast 81 prece
dents cited by the senator TO prop up the power wnn
ne sought the clause falls 10 the ground with TIE
fabric which he raised aud am thus eNemptc1 from
the sty Of referring % them andrc n- 70 tncu
one by one.
Butthere s me precedent referred % By the Senator
unconnected with the power, and on that account re-
qures particular notice refer 20 the ordinance oi e.
which adopted by the old Congress o. the Con
federation while The Convention that framed the Con
aftutiou was M session and about year before IT.
adoption and of course on the very eve OF the eHpra
ion of the old Confederation Against .s Introduction
might object that the act of the Congress OF the Con
federation cannot rshtiuly form precedent for this
Government hut waive that. waive also tnt 90
ectouthat the act contaminated when that Govern
mout Was cr,roqiis and could hardly be- considered
cop0s neHf. waive also tnc fact that tle of inahce
assumed the form of ii compact, and adopted when
only eight states pre- cn when the articles % Con
federation required nine O. form compacts. wave
also the fact that Mr. Madison declared that the ac was
without shad0w of Constitutional authority, and shai
proceed b. 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 ONO aud Wing between 10 and the Mississippi and
the Lakes ~ lri 10 now contains the states ol ONO
Ind ana Illinois, Michigan Wisconsin, and very con
siderable extent Of territory lying north OF the latter
Shortly after the cess.on, Committee Of Three was
raised Of whom Mr. Jefferson was one They reported
an ordinance iOr the establishment OF the territory
containing among other provisions one OF which Mr
Jefferson wa the author excluding slavery from me
territory alter the year l-QO. 10 was reported 10 Con
,re.- but this provision was struck On The qucs
ton Of rkng out every Southern state present tote n
favor o O and what more striking every southern del
egate voted the same way Mr. Jefferson alone except
"a The ordinance was adopted without the provision
80 the nest session RUFUS King then member oh me
Old Congress moved proposition very much M ine
shape OF the sisth article lthat which excludes
slavery IN the ordinance tnow stands, with the e
cepton of is progisO referred % COMMITTEE
but there action ON u. Committee wa moved
the next OF the subsequent year which reported with
out includln, or noticing M. Kings proposition Mi
Dane was member of that Committee and proposed
provision the that in the ordinance a. passed
bat the Committee reported without including u RI
nally another Committee raised az the head Of
which was Mr. Darlington Of Va. and OF which Mr.
n4u lI-O "A M her nat COMMITTEE
without including the amendment previously proposed
by him Mr. Dane moved his proposition, which was
adopted. and the report OF the Committee thus amend
ed became the ordinance OF a.
70 may be inferred from this brief historical sketch
that the ordinance was compromise between the
Southern and Northern States of which the terms
that slavery should be eXcudcdtrom the territory upon
condition that fugitive slaves who might take refuge IN
the territory should be delivered up 20 their owners
as stipulated IN the r0ysO Of the 9TH Article OF the or
dnance II is manii, from what has been stated that
the south unted.y and obstnatey opposed 90 the
provision when lrst moved that the proposition OI Nf
king without the PrOviso in ike resisted
by the South may be inferred from lie entire amt
OF success and that could be brought TO agree
TO il until tho provision Tor the delivering NJ VI fugitive
Slaves incorporated in IL But It's wei understood
that compromise involves not surrender, but SIMPLY
waiver OF the right power and hence IN the case
OF individuals il is a wen established legal prnc.p
that offer TO settle by compromise htisated claim
no evidence against the justice Of the claim on the
side OF the party making IT, The South TO her honor
has observed with fidelity her engagements under this
compromise in proof Oi which. appeal 20 tue pIecc-
den cited by the Senator from New York intended By
him 10 establish the fact Of her acqucscence IA the Ord
nance admit; that she has acquiesced IN the several
acts OF Congress to carry into effect put the senator
is mistaken in supposng that j. proof Oh SURRENDER
on her part Of the power over the Territories which be
claims Tor Congress No, she never has, and trust
never will make such surrender. Instead oil tha', u
s conclusive proof Of her fidelity 70 her engagements
She has never attempted to set aside the ordinance OF
70 deprive the Territory, and the states erected WITHIN
its limits OF any right or advantage II was intended 20
confer But regret that as much cannot be SAID N Ia
vor of the fdeiiy with which il has been observed on
their part With the single exception Of the state OF
nos-be said % her hOnor-every other state erect
ed within its limits has pursued course and adopted
measures which have rendered the stpulaOns OF the
Proyiso TO deliver up Slaves nugatory. Wisconsin may
also be all exception she has just entered the Union
and has hardly had time 10 act on the subject They
have gone farther and suffered indiyidualsO form com
binatiOus. without effort 10 suppress Them Tor the
purpose Of eutcing and seducing the slaves 10 leave
their masters and 10 them into Canada the
reach of our aws-in open violation not only Of the
tpulstons of the Ordinance, but Of the Constitution
itself II express myself strongly II Is not Or the pur
pose OF producing excitement but % draw the attention
of the Senate forcbly TO the subject My object Is a.
lay bare the subject under consideration just as sur
geon probes TO the bottom aud lays open wound no.
to cause pain his patient but io the purpose Of heal
/ ing H.
come now 20 another precedent OF similar char
acer but differing in this that took place under this
Government and not under L az OF the old tOutdcrh
toa; refer to what is known the Missouri cOnpro
mise 10 is more recent and better known, and may be
more readily dispatched
After an arduous struggle Of more than year on the
question whether Missouri should come into the Union
with or without restrictions prohibiting Slavery, com
promise line adopted between the North and south
but t was done under circumstances which made II no
wise obligatory the latter 10 Is true, 10 was moved
by one of her distinguished citizens (Nr CayJ but y
is equally 80 that carried by the almost united
vote of the North against the almost united vote OF the
south and thus imposed on the latter by superior
numbers in opposition ~ her strenuous efforts Inc
South mas given her sanction % h. or asserted o.
the power 4 assorted. She was v-ted down. and San
ply acQuicsccd in arrangement which she ha- not
had the power 20 reverse and which she could not Il
tempt % do without disturbing the peace and harmony
n the uuiou-to which She has ever been adverse
Acting on this principle she permitted The Territory o.
Iowa % he formed and the state % be admitted into
the tuon. under the compr0mlsc, without objection
and that Is quoted by the Senator from Ncwi orb
20 prove her surrender OF the power be claims for
Congress.
To add 10 the strength OF this caim the sd' oc.cs OF
the power hold up the Dl jefferson IN is favor,
and 20 so sr as 70 call him the author OF the socaed
Wimot Proyiso which is but general Xpression OF a
power OF which the Missouri compr0mise IS case vi
is application II may Judge by his opinion Of that
case what his opinion OF the principle Instead oil
beng the author ol the Provis0 being n u iavor
no one could be- more deadly hostile o. h. ln letter
aidress ed % the elder Adams lea TO- in 90 one