The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-20

had been the Intention of the trainers Of the To
confer governmental powers such places by that clause
they would have delegated by this. They
capable Of doing thing absurd. But il is equally
tain they did not intend confer such power them
they could not have Intended territories. Whatever
conferred by the words in reference
have been INTENDED be conferred reference the other
and the reverse The opposite asposion would be absurd
But IL may be asked why the territory omitted
the delegation of exclusive legislation TO Congress
the places enumeraiedl Very satisfactory may IN
my opinion, be assigned. The former were limited
places lying within the limits and jurisdiction of the States
and the latter to public land lying beyond both The
sion and purchase of the former with the consent of the
State within which they might be situated, did not Gust
the sovereignty or Jurisdiction Of the State They still
manned 10 the State, the United States acquiring only the
title 10 the place It, therefore, became necessary confer
on Congress- by delegation, the OF excu
power OF Legislation this District and such places
in order carry the object of the purchase and
II was simply intended to withdraw them from under the
legislatures OF the respective States within which they might
e and Substitute that of Congress in its place, subject to
the restrictions Of the constitution ard the objects for which
the places acquired, leaving, have said the
sovereignty still in the State in which heare situated but
IN allegiance far 1t extends TO legislation Thus in
the Of this District since the retrocesson to Virginia
OF the part beyond the Potomac the sovereignty still
nues in Maryland in the stated. But the very
different in reference territories lying they do beyond
the limits and Jurisdictions of all the States The United
States simply the right of ownership Them
but that of exclusive dominion and sovereignty; and hence
necessary exclude the power of the States
over them by deegatng the exercise of exclusive
legislation to Congress. would have been Of
pererogaton be proper remark this connexlon
that the of excluave legislation conferred in these
not be COMPOUNDED with the power of absolute
legislation. They very different things. II
absolute power of Legislation is always exclusive but by
no means follows that exclusive power of legislation of
government likewise always absolute Congress has the
exclusive power of legislation far this government
concerned and the State legislatures far their respective
governments concerned, but all know that boh
subject TO many and important restrictions and conditions
which the nature Of absolute power excludes.
have now made good the assertion vetured TO make,
that the clause constitution relied on by the Senator
ar frpp thH N npwA
of government the territory claimed by him. and others
who with him, confes not particle of governmental
power Having conclusvey established this, the long list
of pecedsnts, cited by the Senator prop up the power
which he sought in the clause, falls to the ground with the
fabric which he raised and thus exempted from the
necessity of referring them, and replying to them by
But there precedent referred by the Senator
connected with the power and on that account requires
particular notice. refer the ordinance of S7, which
adopted by the old Congress of the confederation
while the convention that framed the constitution
session, and about year before Its adoption, and of
the very of the expiration of the Old conede
ton. Against introduction, might object that the
of the Congress of the confederation rghttuy
presidents for this government; but waive that waive
also the objection that the when that
government erem and could hardly be considered
eoupos mentis waive also the fact that the ordinance
sumed the form of compact, and adopted when only
eight States present. when the articles Of confederation
required form compacts waive also the fact that
Mr.. Madison declared that the without shadow of
constitutional authority and shall proceed TO show, from the
history OF Its adopuon that cannot justly be considered of
any binding force
Virginia made the ceason of the territory north of the
Ohio and lying between and the Mississippi and the lakes
in 1884 Il contains the States of Ohio, Indiana, lii
nois Michigan, Wisconsin, and very considerable
Of territory lying north of the latter Shortly after the
committee of three raised of whom Mr. Jefer
son They reported ordinance for the esiab
shment of the territory containing among other provisions
one, of which Mr. Jefferson was the author, excluding
slavery from the territory after the year 1900. 1t
ported Congress- but this provision struck On
the question of striking southern State
voted in favor of and what striking every south
delegate voted the way, Mr. Jefferson alone ex
copied The ordinance adopted without the provision
At the session. Rufus King, then member of the old
Congress, moved proposition very much in the same
shape of the sixth article Chat which excludes slavery
the ordinance stands, with the exception OF its
proviso 1t referred committee but there no
action 1t. committee moved the next or the sub
seguent year, which reported without including noticing
Mr. hing's proposition. MIR. Dane member Of that
committee, and proposed provision the that in the
ordinance passed. but the committee reported without
including Finally, another committee raised at the
head Of which was Mr. Darlington, of Virginia, and Of
which Mr.. Dane also member. That committee re-
ported without including the amendment previously pro-
posed by him. Mr.. Dane moved his proposition, which
adopted and the report of the committee thus amend
ed became the ordinance of 81.
1t msy be inferred from this brief historical SKETCH that
The ordinance compromise between the southern and
northern States of which the terms that slavery should
be excluded from the territory condition
ses who might take refuge the territory should be de-
vered up their owners, stipulated the provso of
the 9th article of the ordinance 1t manifest from what has
posed to the provision when first moved that the PROPOSE
ton of Mr. King, without the proviso, like manner
resisted by the SOUTH may be inferred from
of and that could be brought
to it until provision for the delivery of fugitive slaves
incorporated But it we'll understood that
compromise involves surrender, but simply waiver
of the right powsr and hence the Of ndvid-
uas well established legal principle, that offer to
settle by compromise gated claim evidence against
the justice of the claim the side of the party making
Tie SOUTH her honor has observed with fidelity her en-
gagemens under this compromise proof of which ap-
neal to the precedeDts cited by the Senator from New
York. intended by him establish the of her acques
the ordinance admit that she has acque in
the several of Congress carry effect; but the
Senator Is mistaken in supposing that is proof of
render her part Of he power the territories which
Nc claims for Congress. No, she has, and trust
WILL make such surrender. Instead of that, is
conclusive proof of her leliy her engagements She
has attempted to ASIDE the ordinance, de-
prve the territory and the States erected within limits
Of any right advantage intended confer. But
regret that much cannot be said favor the fidelity
with which it has been observed their part. With The
single exception of the State of Inos-be said her
hoOorevery other State erected within limits has pur
sued and adopted which rendered
the siipuIaons of the proviso deliver up fugitive slaves
nugaory Wisconsin may, also, be exception she has
entered the Union, and has hardly had time
the subject They have gone further, and suffered ndvi
dua!s form combinations, without effort suppress
hem for the purpose of entcng AMI seducg the slaves
leave their masters, and them into Canada beyond
che reach OF lswsin open violation, only of the
spuations of the ordinance but of the constitution itself
IL express myself strongly, is for the purpose of
producing excitement but draw the of The Sem
ate forcbly The subject My object is lay bare the
subject under consideration Just surgeon probes to the
bottom and lays open wound, not to pain to his