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


without being subject to any condllions 'anpu 'o
by an cxIraneous authority, has ceen -. luz .vsr
important, and universally exercised oy e'e'
Stale in The Union" IT,. r,;,h :,
Every one Of these principles apples, WIN III II
creased force. 10 ciiz'ns OF any OIL .he ,;,h Inc,
grating 10 the Territories They cary VIZ" :. ~
all their rights, the most important u Will = -
right Of self government. i,
The practice of the Government mas nor
seems 10 be taken for granted IN 'his oeoa az:
been inconsistent with these views as WI
proceed TO show; and must here beg the ihou
gence of the committee for some minuleness
detail. .,-,, oho,. u,h;c
mo have heard so much. In the first place.
do not hesitate to say that the ordinance orig
mated in palpable usurpation OF power oy IN
Congress of 1857. The articles OF conieoera
ton conferred upon Congress no sucn powei.-
Indeed, they conferred scarcely any lesis'a.n .
powers whatever. The powers coh'e.reu "e'
mainly Executive, and related to our iorelgn re
lations. The Congress, under the conleu.id
ton was rather many headed Executive tha
a legislative body. d.
they could not egslate for the Iefr.ores, ,: an
they attempted TO give validity 70 "na' 'i''i
they did, as a "c,mpact" .; -,
This will be apparent from Inc history u Nv
transaction. Ill.,.
On the LIST day of March, l7si the delega
lion in Congress from Virginia executed s nc :
deed of cession of her territory norlnwes.
the river Ohio, in which she coded 70 inc oh''es
States "al of her right, title, and cialm' as ws
Of soil as of jurisJiction;" but stipuia'cu .'a
the French and Canadian Inhabitants, ana o'ne'
settlers of the Kaskaskias, 81. vincent . anu u''
neighborng villages, who have Proiesseu ."'n'
selves citizens of Virginia, shall nave 'he,r pos
sessions and titles confirmed TO Them; ana sinai
be protected in the enjoyment Of 'heit r'she
and liberties"
# must he borne in mind in this connection
thai at time there was no white lnhaoiIah'
in the territory except these oalau'a'' a"'
French inhabitants and settlers go,
On the 1874 Of April, 1854 no, gun
months alter the execution oil the deed OF cesS'oh-
Congress took into consideration me tepo', VI w
committee consis inc Of Messrs. s1efson' onase
and 'Iowell, OF the plan of temporary so'e'"
men OF Inc Western Territory. -
The plan as reported contained lh's clanse.
"Tha, alter The year 1900 oil Inc Christa,h co
there shall bs neither slavery nor ihVoiun,d'
seryiude in any of the said States, Otherwise thai
in The punishment OF crimes, "heieoi 'ne pa.'I
shall have been convicted 10 have been personals
ly gully" to-, o-d,
were struck out.
On the 23i of April, Congress resumed the con
sheraton OF the subject, and adopted seVe'ai d.
lices which they directed should be iotu'eu in.'
InlInTlnu
stance OF hose articles:
The lstdecares, shat 50 much oil Inc lellHo.y
coded or 10 be ceded, by in ;yidual STATES 10 tht
Uoi,ea STATES, as is already purchased, or shall
be purcha.ed by The Indian inhabl ants ana ne
ed ;or sale by Congress, shall be divided into dis
lncl Stales;" and il then goes on 10 pIescioe '"e
manner o. their formation. .,o u
The ID provides that The free male seuierS VI
full ace. ION any territory SO purchased and oyer
ed for sale, shall meet within their STATE iol VIC
puroose o establishing temporary government
i, adon, he constitution and laws Of any of inc
oroinaI Safes so lint such laos neuerdsless shau
be b;st N alteration By their ordinary legislature
&c.
The 81 provides that when any such S'ate Sna !
have 20 1000 inhabitants, a convention snail o.
called nj them, 10 lofm permanent Constitutes
and Government Tor themselves. But Il IS p'oVi'
dcd ina, the temporary and permanent govern
ments hr established on these principles as us
basis: :,
Isl, TIA, they shall forever remain par o.
This conedcracy Of the United States ot Am"lca.
ID ina, they shall % subject 10 Inc hf'ic'es o.
Confederation in all those cases in when me or
FINAL STATES shall be 81 subject, and 10 all Inc acs
!, nd ordinances Of The Unilcd States IN Congress
aSSembi,d coniormable thereto.
Al Tat they in no case snail interfere win
the primary disposal Of the 50" by me onneu
SAFES in Congress assembled, nor with Inc oral,
names and regulations which Congress may mo
neressarT for securing The tile IN such SOIL LOT 1he
bona fls purchasers. !,
4.h Tratth shall be subject 10 pay par' Of
The Fedeal debs contracted, OF 10 Dc cousiaGteu'
- r.. anr,rt;oned on them by Congress according
- ,be SAM common rule and measure by whlch
,on,r,;nrments thereof shall be made on me other
5h, That no Tax shall be imposed on lands me
OF The United States.
q h. Ina, their respective governments snai' oe
republican. .;,.,, n,o,r;e,ors
81. II in M case be taxed higher han those oil le-
s;,an,s r;,h;n any new State, before The admis
sion ,he-eof 10 a vote by lis delegates IN Con-
gress. c,,,,,
THE oh provides 'ihat when any oil sad States
sbaIl n.ve nj Tree inh bitanls as many as shall
!. ,ben he IN any one of the least numerous OF The
: ,h,,een ofieinal States, such Stat. shall be al
mi,led BY lis delegates into the Congress oil me
: Unued States on an equal footing with Inc said
original States"
The la,l provides "iha, The preceding articles
! shall lie formed into cha,ter Of compa@t; shall
I he dulv executed by The Pfesiden, If Inc United
4 States u Congress assembledi shall be promul.
{ parsJ. &c; and shall be una!Ierable from and
ou-r sale OF any part Of the t:'r't0Ty o. s'Sea
I Sluie"
This With the article relative 10 slavery, which
we have seen stricken out, comprised Inc SUD-
stance ofhe report of the committee.
|, will Ne seen that, during the interval which
would ehpse before the formation. in the mode
directed, Of temporary government, ana inc
adooion If the constitution and laws OF some one
NJ The or gina States, there was no provision ior
The preservation OF the peace, &c, in Inc terrific
nv To remedy This, Mr.. Gerry moved piopo
si,ion. witch was adopted, in these words:
"Tbat measures, not Inconsistent WIN thcPTin
ciples Of the confederation, and necessary lof 'he
oTe>eryaln of peace and good order among the
settlers in any OF the said new States until lney
snail assume a temporary government as ato,e'
said may, irOi1 umS 10 uiue, NC tdhcu Wy III
States in Congress assembled"
II, will be seen from Ibis analysis Of The hrs
action al Congress relative 10 The territory OF the
Unied Satisfaction which was participated r
Nv the fi.s, statesmen OF The Republic, comprising
such men as Jefferson, Sherman, and Gerry
Thai. Notwithstanding Virginia had cedcd her ju
risdiction as well as soil, lhey did mol propose L
,egislae Tor Inc territories, or to interfere witt
tbei, Government, any further than he abs1Iu
tive necessity Of the case required. This "char
Ter of compact" as they called it, secured u ,hl
oeonIe in The territories the iul right Of se!fsov
eminent al as early a period as possible, and il
Inc mean lime no other authority was assumed
,hap 50 much as might be necessary 10 keep th'
neace; and i, is very obvious lhatlhey were tempt
en 10 his last solely by the necessity OF The case
There are M RESTRICTIONS on The settlers in tn,
formation OF their Government, and in their subse
onent legislation, any further than vas nee ssa
~ 10 secure 10 the United States lis right OF prop
ey in the public lands and 10 preserve the fideii
" of he inhabitants 10 The confederation. Tn
condition OF virginia's deed OF cession made III
6.s, imperative; and the feeling Of dis'oyaIy L
me Union, which had been displayed in som
paris OF The ccnfrderacy, and The still create
q 1t.