New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-05

hirr1n of slavery In ths Territories of the United
states The Ordinance. as we know vas passed by
Congress under the Articles OF Confederation though
ratified by the first Congress which assembled un-
der the Constitution Any inference from the prOcecd-
in-s % the ir the question of power l. con-
cerued would be- wholly .uappcabie 70 the other But
bold ant shall ontrav0r o. show that the very ar-u-
meat in which Mr. Madison denied the authority ot
Congress under the Articles ot Confederation. to pass
the Ordinance of 49, had for t sbirct % prove the
necessity OF such power IN Congress under the Con
ttIu0n and thar 10 proceeded upon the supposed exist
erce Of the power.
The usual reference 90 prove the Illegally OF the Or
dinance % the opinion OF Mr. Madison. IN the 3-th
number of the Federaist which was written by him.
VIII read An extract from u referring Oh thc Western
Territory
I'VE NAV calculate therefore, that rich ard fertile
country, o eqla. FOB le inhabited extent of Che In
fed States. Will become national sock- They have
begun 10 render productive Congress have Undertaken
20 DO more they hare proceeded % form new >tt'e. t7
temporary Governments appoint orcrrs Tor ileu
and Do pre.cr5 he coudiaons on which such states shn
be- admitted the Confeieracy. All -h, has been done,
and done without The least color % constitutional authority
What was the obect OF this reference Was 10 to
pass useless comment upon The conduct of Congress
10 exceeding its powers by no means. IT, adds
mean not by anything here said % throw censlre ou
lhe measures pursued ny congress tn sei,'' -ie!
could NOT have done oiuerw 80. The pubic interest,". me
necessity oi The case imposed upon them The as OF over
eapng their Constitutional limits. But b not me fact orr
alarming proof OF tne danger resulting from GoFeriei
which does not possess regular powers commensurate 20 rs
objects Pc
The whole article taken together and not judged by
a single extract appears o rue 20 lead almost irres't
bis 90 the conclusion that Mr. Madison regarded the
new system 0f Government tlc Constitution, a. sup
plying defects which had I'D to abuse and usurpau0n
under the old, the Confederation th1t be- considered
fne former ~ remaiymg the very defects which had
imposed on Congress tne necessity of overlapping the
constitutional limits o their power that 1e viewed the
provision OF the Constitution authorizing Congress 90
dispose OF and make al needu rules and regulations
respecting the territory 90 the United states, a. CON
terrng tine power which in his opinion Congress had
usurped and as giving legality. under the Constitution
f1 rrnrgptIrrz which Nf condemned under the Con
federation. void of constitutional authority
Happily. sir NOT left 90 mere inference I'm re-
spect o. the opinions of Mr. Madison this point. 10
wc turn % the ijd number of tho Fcdera-t also writ
ten hy him shall ind direct reference to fhe clause
DO the Constitution concerning the territory of the Jnt
cd States 10 there any doubt before think this
would d-sipate it he is speaking of certain powers
conferred Congress uy the Constitution. he says
The eventual establishment OF new states seems %
have been overlooked by the compors of that nstru
mcnt Articles Of Confederation We have seen the
Inconvenience of this omission and the assumption of
power into which Congress have been led by it With
great proprety. therefore has the new system sup
piled the defect
lie next quotes the clause giving Congress power 90
dispose Of and make an neediu rules and equations
respecting the territory OF the United States and adds
This power very great importance aud required
by considerations similar 90 those which show the
proprcty OF the former hy tue former, y meant
the power of admitting new states into the Union-a
power which hc had advered 90 supplying detect
boz tie Articles OF Confederation. and avoiding the
esd. Of usurpin1 the exercise of an Indispensable au-
th0rlty. Would be- have denOmnsted 20 "a power OF
very great importance be- had regarded 10 a. limited
o. mere sale oi the public landsf Would De have said
flafit required Dv considerations similar % those
which show the proprcfy OF the former the aduis-
of -fates-unie-- be- had considered ~ a. hay
ing supplied detect as n the other case tO which
he had referred and empowered Congress % do what
had done in respect 70 the Northwest Territory with
out authority There were other territories beside
that norhwes; of the Ohio 20 be- provided for south
Carolina had 40 thar very time coded 20 Che United
O. .. D .HH."f
now comprised ia the states OF Mississippi and Alabama
North Carolina and Georg We're expected to cede what
now constitutes Tennessee and the residue of Mssis-ip
pi aud Alabama. Nr Madison. M the 2-tl numu'f ol
Inc Federast written year after the Ordinance oi I-1
adopted, obviously allutes 10 those last TWO ces
si1ns as reasonably t0 De- expected How were ihrse
territories and that which South Carolina bad ceted Oh
bc provided ior-how were temporary Governments 20
bc creced-h0w were officers 20 be appointed for them
how the authority of the United states o DEE eX
tended over them Was 10 not under the clause OF the
Constitution authorizing an uecdfu rules ami reguia-
tons 20 Doe made Was 10 not In contemplation of
these organic arrangements for the communities which
were TO arise within the territory then acquired ana cN
pected 20 be acquired. that Mr. MADISON pronounced
that clause as conierring power OF very great i'm
pOrtance b
II we take these two numbers of the Federaist Che
l-th and the i3d the rcasonng OF which are directly
connected by himself. in conjunction with his subse
quent participation I'm legislative acts, by which tue
Ordinance of l1-7 enforced and similar provisions
were applied 10 other portions of the public domain
l nerpr fat0n ol the Constitution in respect % the
mowers OF Congress over the territory ot the United
States cannot wei De doubted. But u any lingering
doubt should remain In respect 10 Mr. Maidstone opinion
the right Ot Congress % egl-are IN respect 10 the
municipal concerns of the persons residing upon the
territory belonging 10 the United states. DO will be re-
moved by his declaration n Congress in 1920, that
though Congress was restricted by the Consultation
from taking measures % abolish the slayctrade, yet
there "a variety of ways in which n could counte
nance abolition. and egulat0ns hight be- made in re-
iaiion % the Introduction Of them slaves into the new
III Ffa
have been thus particular in explaining Mr. Madi
sons opinion only account OF fne high authority
which IL carries with IT, but because from the manner
which Il has been cited 10 might seem 20 support
conclusions which, in my Judgment derive no strength
from u whatever.
Let me now call the attention of the Senate % the
acts OF Congress By which this construction of the Con
.ttufon Is supported Tor The purpose OF exhibiting the
force 10 derives from legislative precedeuts
D. The Ordinance OF l1-l was recognized by chapter
& LET Session lst Congress. The Preamble recltes tha
Ii is requisite certain provisions should be- made &C
IN order that the said Ordinance may continue 10 have
fuu effect" There division in either House
upon is passage There seems 70 have been no ooJec
ton % IT, Mr. MadisOns name occurs on the journal
of the proceedings 81 the day which the bill passed
the House of which be was "a member he was
doubtless present and coucurrcd in the measure.
This nr-t precedent which cite has ali the force OF
/ c0temporane0us exposition. TO is coevm with me
birth of the new Government 10 may almost o. de-
nominated the work OF the trainers OF the Constitution
II l. recorded among the earliest acts by wnlch lha
f,9tsfeps bv which the Government is 90 Boz traced
ont of the darkness In which IT, dam was cnTeioped
INTO The clear broad suu ght 0fts stability and strength
The act was signed by General Warrington.
Tbarthe Ordinance was not deemed by it5 trainers
o- bv the Congress which continued t n force neon
rsfib.e with any degree of freedom from restraint
which NAV be- Justly claimed A. essential % p9iuca
liberty is apparent from the terms AZ the instrument
..f The articss of which the sixth and lt-t promo
.ted slavery were expressly declared 20 De- adopted
f0r extending the fundamental principles oi ciVii ana
religion. liberty which form the basis whefeon these
republic their laws and constitutions, are erected 10
fx and establish those principles as the basis % ait
[ laws. constitutions and governments which forever
hereafter shall be- formed IN the said Territory 20
r-ovide also for The establishment Of states ana per
enent government therein and for their admission 20
"a share In toe Federal Councils On an equal footing
with the original states az as early periods as may De-
T consistent with the general interest
Several considerations suggest themselves u coLhec
ton with this subject .
Neither the trainers oil the Ordinance nor the uf-t
Congress considered the perpetual pronDton OF ,aFsiy
I'M fhe Northwestern Territory inconsstent win tne
,3o,i.on of toe states % be- formed out OF = nto rue
Union on an eQusl i00tn. with the Original states
Nrber the actual tenure Of slaves nor the right % hold
,le could have been considered essential % the iu
fru,rion OF the political liberty which the states pos
I .a..et ne members OF the Union.
b he urobirion was considered inconsistent " tn
r.ff h. s.srr for Hr + ira a d