New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-06

=" Ts. fct rou,d hardly have been unknown 20
f1e members of the Convention toh-ies-' IL l- uu''
was sitting n New YORK "mie tue on' .''''u "a. =.
t cil.ed 1oyr. but the members Of the latter were
3obtlcs. made acquainted Win the pFOceedng' OF me
80 Tb.a Crt-ihe coincidence ln point % tmc--may
have soule slight bearing upon the intention OF the
clause giving Congress power 20 dispose OF ana make
reedfu rules and regulations respecting the territory
belonging % the United States.
ne onniou of NJ Madison has been quoted 20 prove
The iegaNfy OF the Ordinance Of l7s1. This bcngcOn-
coded i by any supposed consequence or anal
ogy have any bearing on the power Of legislation oy
Congress under the Constitution IN respect % the pro
hiUtiou Of slavery in the Territories Oh the tinted
states The Ordinance, as We know, was passed by
Congress under the Articles OF Confederation though
was ratified by the first Congress which assemped IN
der the Constitution Any inference from the proceed
ings Of the far the question OF power j. con-
ceTned would be wholly inapplcabe 70 the other But
hold and shall endcavOr 70 show that the very aTgu
rnent IN which Mr. Madison denied the authority oil
Congress, under the Articles OF Confederation 70 pas
the Ordinance Of l7-7 had for IL object 70 prove the
necessity Of such power in Congress under the Con
.tuton and that proceeded upon the supposed exist
euce o. the power.
The usual reference 20 prove the Illegally Of me or
dinance is % the opinion Of Mr. Madison IN the 5-tl
number Of the Federalst which was written by him
VIII read extract from u referring to the western
Territory: ,-,-, ,.-.n.
country of en- area equal the inhabited extent Of the Uni
ted siaes, wiu become national stock Ihey nave
TT
10 Do more they have proceeded 10 form new States 10
temporary Governments 70 apPoni Ohceis lot ueui
be- admitted into the COnfederacy All this has been done
and done without the least color of constitutional authority
What was the object Of this reference Was II 10
pass a useless comment upon the conduct OF congress
In exceeding its powers BY no means. lie ADDS
mean not hy anything here sad 10 throw ceusure on
The measures pursued by Congress am SENSIBLE ne!
could not have done Otherwise The pubnc interest e
necessity Of the imposed upon them me asA OF over
espng lheir Constitutional limits b9t Is MOI ine lacl an
alarming proof Of the danger resulting from aGoVernlnen
which does not possess regular powers commensurate 10 m
objects 70 IT,, -.
SINGLE extract appears % - lead almost rresist
biz 10 the conclusion that Mr.. Madison regarded tle
new system Of Government the Constitution, as sup
plying defects which had led TO abuse and usurpaOn
under the old the Confederation; that he considered
the former as renedying the very detects when had
imposed Congress the necessity OF oyercaping the
ttuOns limits OF their power that ne Ve"eu tno
provision Of the Constitution authorizing congress u
disuose Of and make all neediul rules and regulations
respecng the territory Of the United states, a. con
frIng the power which, in his opinion Congress had
usurped, and giving legality, under the Cosulutloh
70 proceedings which he condemned, uhder lhe Coh
federation as void of constitutional authority
Happily sir not left 10 mere inference IN re-
Dect 10 the opinions of Mr. Madison this point. ii
We rn no the 43d number Of the Federalist also writ
ten by him we shall find direct reference 10 the clause
In the Constitution CONCERNING the territory Oi the JIM
ed States. II there were any DOUBT before ihlhA TINS
would dssipae IT, lie is speaking OF certain powers
conferred on Congress by the Constitution. lie SAVE
The eventual establishment Of new states seems 10
have been overlooked By the cOmpners OF That nsiru
.lnent Articles OF ConiederatiOn We have seen the
Inconvenience Of this omission and the assumption Of
power into which Congress have been led by H. WIN
great propricty therefore, has the new system sup
piled the defect"
disD,se of and make all needul rules ana regulations
respecting the territory OF the United States and adds
This is power of very great importance and required
by considerations similar TO those which show the
proprietv of the former" BY the former, is meant
the power Of admitting new states into the Union
mower which he had adyerted 10 as supplying defect
In the Articles of Confederation and as avoiding tne
evil of usurpng the exercise OF an indispensable au
thority Would he have denominated 1t power Of
very great importance II he had regarded as limited
q sale of the public landst Would ne nave SAID
that il was required by considerations similar 10 those
which show the propriety of the tormer"-th admis
sion OF new States-uness ne had considered II a. hav
ing supplied defect IN the other case 10 which
ne had referred, and empowered Congress 10 do VIVA.
had done in respect to the Northwest Territory with
out authority There were other territories bcsid'
that north west of the Ohio to be provided Tor south
Carolina had at that very time coded to the CniteG
states her interest IN the territory east oithe MISSISSIPPI
now comprised in the States of Mississippi and Alabama
North Carolina aud Georgia were expected TO cedc what
now constitutes Tennessee, and the residue OF Msslss
ri and Alabama. Mr.. Madison, IN the 18th number OIL
the Foderalst written year aIer the Ordinance OF u.s.
was adopted obviously aludes 20 those last TWO ces
sions as reasonably 10 be expected How were these
territories and that which South Carolina had ceded u
he erectcd-how were officers TO be appointed Tor them
how was the authority Of the United States TO be eX
tended over them Was not under the clause OF tht
Constitution authorizing all needfu rules ana regua
fionsr 10 be made Was il not in contemplation Of
these organic arrangements Tor the communities Whlci
were 10 arse within the territory then acquired ana eA
pectcd to be acquired, that Mr. Madison pronounced
that clause as comforting power OF very great I'm
portance y r.,..,,.. III,
3sth and the ADD the reasOnings OF which are directly
connected by himself, in conjunction with MS suoss
ouent participation in legislative acts, by which tht
Ordinance of l1S7 was enforced and similar provisions
were applied 10 other portions OF the puhhc DOMAIN
his Interpretation of the Constitution IN respect 70 IN,
mowers of Congress over the territory OF the United
States cannot well be doubted But If any lingering
doubt should remain in respectto Mr. Madison opmoi
IA 10 the right OF Congress egsatc in respect 10 tht
municipal concerns OF the persons residing upon 'n'
territory belonging TO the United States. II Will De IT
moved by his declaration IN Congress IN li5O, tna
though Congress was restricted by the ConsutGtoi
from taking measures to abolish the slavetrade, YET
there WAS variety of ways in which II could counte
nance abolition and regulations might be made IN re
laou 10 the introduction of them slaves INTO the ne"
states to be formed out OF the western territory >,
have been thus particular in explaining Mr. Madi
sons opnion not only OF the nigh authority
which II carries with IT, but because, from the manner
in which il has been cited II might seem 10 support
conclusions which in my Judgment derive no strength
from il whatever. -.
acts OF Congress by which this construction of the Con
sttutOn supported for the purpose oil eXhlOns INT
force il derives from legislative precedents
l. The Ordinance of l7S7 was recognized by Chaptef
lot Session lst Congress. The Preamble recites thai
lit requisite certain provisions should be made, &c
in order that the said Ordinance may continue 10 have
inn effect There was no division in either House
upon its passage There seems to have been no obJec
ton to it, Mr. Madisons name occurs on the journal
of the proceedings of the day which the bill passed
the House of which he was member. lie was
doubtless present and concurred in the measure
This first precedent which cite has all the force OF
cotemporaneous exposition. IL is coeval with the
birth 81 the new Government IL may almost be de-
nominated the work of the trainers OF the Constitution
IL is recorded among the earliest acts by which tna'
instrument put IN operation II Is one OF the hisl
footsteps by which the Government 70 be traced
ONT of the darkness in which its dawn was enyeoped
into the clear broad sunlight OF It's stability and strength
The act was signed by General Washington.
That the Ordinance was not deemed by It's trainers
or by the Congress which continued in force, neon
pati6lc with any degree of freedom from restraint
which may be Justly claimed as essential 10 political
liberty Is apparent from the terms al the instrument
itself The articles of which the sixth and last promo
tied slavery were expressly declared TO be adopted
for extending the fundamental principles OF civil ana
religious liberty which form the basis wnereoh 'nes'
republics their laws and constitutions are erected g
fix and establish those principles as the basis oil III
laws constitutions and governments, which forever
hereafter shall be formed in the said Territory tt
provide also for the establishment OF states ana PEI
manent government therein and for their admission &c
Tom