The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-07-22
LOUISVILLE, KY: SATURDAY, JULY % 1913.

: acquired, that Mr.. Madison pronounced tina
CLAUSE as comforting "a power very great i'm
!, portaacer
a IL we take these two numbers of the Federal
ist, (the 3ssh and the 43d,) the reasonings c
I which are directly connected by himself, In cor
r junction with his subsequent participation 4
= Legislative srts, by which the ordinance Of lis
was enforced. and similar provisions were apple
( 10 other portions Of the public domain, his in
5 terpret ation Of the constitution, in respect 1
: the powers Of Congress over the territory Of III
lnitel States cannot be doubted. But, II an,
, lingering doubt should remain in respect TO MI
{ Madison's opinion as to the right Of Congress
. TO legisate In respect 10 the municipal concern
: Of the persons residing upon the territory be
longing to the United States, 1t will be removes
, by his declaration to Congress in 1880, tina,
though Congress was restricted by the constitu
ton from taking measures to abolish the slav
trade, yet there were variety of ways In whcl
il could countenance abolition, "and regula
tons might he made in relation to the introduc
, lion of them slaves into the new States TO b
formed out Of the western territory"
J have been thus particular in explaining Mr.
! Madison's opinion, not only on account of tn,
high authority which il carries with il, but be
cause, from the manner in which ID has been CT
} ted, il might seem to support conclusions which
in my Judgment, derive no strength FROM }
whatever.
Let me now call the attention Of the Senat,
to the acts Of Congress by which this consirue
ton OF the constitution is supported, for the pur
pose Of exhibiting the force il derives from leg
islative precedents.
4 l. The ordinance Of 1857 was recognised by
chapter 3, LIST session, LIST Congress. The pre-.
amble rectes that "it is requisite certain proyi-
sions should be made" &C., Ia order that the
said ordinance ''may continue to have full ef-
feet" There was no division Ia either house
upon its passage. There seems TO have been nc
objection TO IL. Mr.. Madison's name occurs on
the journal Of the proceedings Of the day on
which the bill passed the house, Of which he
was member. He was doubtless present, and
concurred in the measure.
The first precedent which cite, has all the
force of contemporaneous exposition. 1t is CO.
eval with the birth of the new government
IL may almost be- denominated the work
| Of the trainers of the constitution. Ii is
recorded among the earliest acts by which thai
instrument was put in operation. Ii is one OF
the hrst footsteps by which the movement of the
new governments TO be traced out Of the dark
ness in which it's dawn was enveloped, into the
clear, broad sunlight Of its stability and
strength. The act signed by General
| Washington.
That the ordinance was not deemed by Its fra
mers, or by the Congress which continued il in
1
from restraint, which may be Justly claimed as
essential to political liberty, is apparent from the
terms Of the instrument itself. The articles, OF
| which the sixth and last prohibited slavery,
were expressly declared 10 be adopted, "for ex.
tending the fundamental principles Of civil and
religious liberty, which form the basis wherein
these republics, their laws and constitutions,
are erectedi TO fix and establish those principles
as the basis of all laws. constitutions, aud gov
az hs.hf f. r.
ed in the said territory; TO provide also for the
establishments Of States, and permanent govern
ment therein, and for their admission TO a share
IN the Federal councils on an equal footing with
the original States, at as early periods as may be
consistent with the general interest"
Several conscientious suggest themselves in
connection with this subject:
/. Neither the trainers Of the ordinance, nor
the first Congress considered the perpetual pro-
hibition Of slavery in the north western terrific
~ inconsistent with the admission Of the States
to be formed out Of il into the Union on San
equal footing with the original States" Neither
the actual tenure Of slaves, nor the right 10 hold
them, could have been considered essential to the
full fruition Of the political liberty which the
states possessed as members Of the Union.
:. The prohibition was not considered in
consistent with the terms of cesson of the terri
tory by Virginia in 1884, which required tina,
the states to be formed out Of IL should be ere
publican States, and admitted members Of the
Federal UniOn, having the same rights Of sover-
eighty, freedom and Independence" These
rights Of sovereignty, freedom and independ-
ence, therefore, which the members of the Fed
eral Union enjoyed, were by the Congress Of the
Confederation, and the first Congress, deemed
fully possessed, although the right to hold slaves
was prohibited. Virginia concurred in passing
the ordinance in the Congress Of the COnfedera-
ton in 1857, and in continuing Il in force In the
first Congress under the constitution in 1853.
Whatever doubt there may be as to the orgi
nal validity Of the ordinance, believe its
thority has always been respected by response
BILE tribunals. l will read decision from the
Supreme Court of Louisiana, in the case OF
Merry VS. Chexhaider, Martins reports, NEW
series,) 699:
APPEAL from the Court Of the First District.
''Porter j., delivered the opinion OF the Court. The
plaintiff In this action 10 recover his freedom, and
from the evidence record Is clearly entitled 10 1t. lie
born in the north territory since the enact
OF Congress, in Es, OF the ordinance for the gov
emment Of that country, according To the 9th article
which there could be therein neither slavery invOun
ary servude This ordinance fixed forever the chaTao-
OF the population in the gon over which Is exten
died. and takes away all foundation from the claim set
~ this by the defendant The act OF ceSsion by
Virginia did not deprive Congress OF the power TO make
lit Is tferGiore ordered. adjudged and deoreed, that
costs"
This decision was pronounced in 1880, and IL
fully sustains the view Of the subject have Ia
ken.
III. On the 9TH of April, 1898. an act was
passed for an amcable settlement of limits with
the Stat, of Georgia, and authorizing the estab-
lishmenL OF a government in the Mississippi ter
ritory. This act authorised the President to es-
tablish therein government In all respects sim
liar TO that in the territory northwest OF the
Ohio river, excepting the sixth article of the
dinance Of 1887. il then prohibited the impor-
tation of slaves into the territory from any
place without the limits Of the United States
This act was passed ten years (ess few
months) before Congress was authorized by the
con sttn ion to prohibit the importation oil
slaves into the States which were originally
parties 3, the Federal compact. This provision
of the constitution applied only to the then ex-
istins States. II did not extend to the States
thereafter to be formed, or TO the territories Of
the United States; fact Of the highest impor-
lance, N IL is TO be regarded as Limitation Of
a vested power.
The exercise by Congress Of the power Of
prohibiting the introduction of slaves into the
Mississippi territory from foreign countries, aP-
pears 20 have passed without opposition. find
no division in either House on that clause Of the
hill This fact shows the undisturbed interpre-
,atlon put al that day the constitution Of the
United "a ates in respect TO the powers Of Con-
gress oy,,r every matter of domestic concern In
the territory belonging To the United States and
.specialy over the subject of slavery, the most
delicate of all. There was a direct exercise by
Congress, in respect to the territories OF pow
err which was positively prohibited in respect TO
the Status existing at the adoption Of the consti-