The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-02

tares e Com, 1879 and as conceive in manner that
shows he concured with MIR Madison TO the total alb
sence OF authority in the Congress OF the confederation
pass the ordinance of I7s7 and other eminent author
tiles conincide with them. Mr. VIM. Pinckney de-
speech in this chamber on the Missouri question. as
find in the best notice Of his speech extani, in George
town paper published at that time
II has been argued that the federal constitution in
tended TO supply such defect of power and the 43d No
of the Federais has been referred to showing such
to be Mr. Madisons opinion. have looked Carefully to
that number, but have been unable 10 find anything in
il to such effect Mr.. Madison quotes the clause in
the constitution authorizing Congress TO make sail
needful rules" &c, and then says:
"rhs power of very great importance and required
of the former The provso annexed Is proper in itself and
probably rendered absolutely necessary by eaouses
and questions concerning the western territory sufficiently
known 10 The public
And this every syllable in that article on the subject
The reference to former power spoken Of, is the
power to admit new States, which Mr. Madison pre-
viousy noticed III the same number, observing
"The eventual establishment of ne,o States seem, to
have been overlooked by the compers of that
ption into which Congress have by H. With
great popre therefore, has the system supplied the
full iorce and amounts 10 than this, that the
constitution supplied the want of authority of the Con-
gress OF the Confederation to make oil nesdfu rules
and regulations &c. Surely the "defeep is not sup
piled beyond the extent of the power delegated II
am correct, the very argument used sustain the odi-
nance OF 1857 proves it was vo'd usurpaon OF
power am aware that an expression reported to have
been used by Mr. Madison, in 100, in debate in the
House of Representatives. has been Quoei by the sena-
Tor from New York, Mr. Dl to the effect, that though
Congress could not nterdic. the importation of slaves
into the States prior to 1905, ye regulations might be
made in relation to the introduction of them into the
States TO be formed of the western territory"
Admitting the report be accurate there is no ncon.
sstency in that expression If confined saueS imported
from abroad, which doubtless what Mr. Madison meant
h,,t, IN harp ,.r,sh
authentic form, and which shall presently advert to-
II should not be unnoced. that there syllable
in the federal constitution confirming continuing the
ordinance OF 1857, any other ordinance of the Con-
gess OF the confederation. AS to any confirmation or
adoption by Congress, subsequent to the ratification Of
the constitution, either of this any ordinance OF the
old Congress, IL such ordinance originally invalid,
or If inconsistent with the constitution such adoption of
it would be nugaory. Congress must, 10 adop it, pos.
sess power to enact 1t as an original law 1t
hrm or adopt what 1t had no power TO enact. If invalid,
or if abroga'ed by the constitutions if it exceeds the
powers of the constitutional Congress, and in nowise
confirmed by the constitution; its express repeal by law
would have been snperhuous and would not have in
creased its invalidty admit that, by the first clause
the sixth article of the constitution all debts contracted
and engd gements" entered into by the confederation were
to be valid they under the confederation but
this was the full extent OF the ratification saving of the
of the old Congress. They all died on the adoption
OF the new government Especially those incompatible
with the fundamental law, became extinct The
form OF legislation adopted by the Congress Of the CON
federation that of ordinance" but their acts were
use OF the form appropriate for the PEOPLE when
vened IN their primary capacity and exercising their
sovereignty, gives no additional sanction TO those laws
They were mere Legislature acts, Qepeaabe other
laws and the sovereign powers necessary give vald-
the sixth article of the ordinance OF 1857 were not
possessed as TO the Northwestern Territory, by the Con-
gress OF the confederation The articles OF confederation
did not and could not confer such powers and their
ecise except in OF imperous necessity was forbid
den by the elemental laws OF the land None of the
States ceding territory to the COME eraton (supposng
that anterior to the cession such State possessed the
Power stipulated in the cesson for such prohibition,
its constitutional legislature am aware of the coufse
taken by different southern members of the Congress to the
confederation in relation to this ordinance OF l7S7 but
this not the action OF the individual State any more
than is vote in this chamber the action of the State
represented by the senator who gives it, Virginia. her
cesson. expressly stipulated that the States TO be formed
out OF the northwest territory coded by her should be
.dstnci republican States, and admitted members OF the
federal Union having the rights of sovereignty,
freedom, and independence as the other States, which
had been previously suggested October $780, by
luton OF Congress- Subsequently to the cession and
17SS by agreement between Congress and Virginia. the
number OF the States to be thus formed limited
fre Georgia and North Carolina both expressly repu-
dated the 9Th article of the ordinance their acts Of
cesson, and declared should extend to the territory
coded by Them and the United States accepted their
sion upon the terms stipulated by that State Can the
provisions of the ordinance of 1851 ammeing and re-
stralnlng foreve the soyeres nty, freedom, and in
dependence OF the States 10 be formed out of the north
west territory. with respect to their fundamental laws
and domestic institutions, leaving them the same"
as the other States, be reconCled TO the stipulation in the
cession OF virginia? Was not violation of that con
dtIona condition agreed to, engaged to be fulfilled
by the Congress OF the confederation and ratified by the
federal constitution IN it's 9th artice hold that it was
and that 1t Uod for such cause, even if Congress-
without such restraint had possessed the power to or
dam It, hnd also upon examination OF The hist
records touching this ordinance, that after the abortion
OF 1t, and after the organization of the federal gov.
eminent under the constitution citizens of the 'Illi-
nols country reIinqulshed by Virginia, and vino re-
siding there with their slaves, to Congress
against the 9th article IN strong terms american State
Papers ublic lands vol ~ and that subsequent
y other citizens residing in Indiana held convention
at Vincennes, of which Gen. William II Harrison was
president and reiterated these circumstances in strong
terms, (see ibid p l46, and ibid "miscelIaneous vol l.
p 49, $50, ACT, 47S 49, &C. and the act of 1903 sec
B. would seem to recognise the of slaves persons
SHIELD to service and labor') there after the ordinance
But concede that the ''ordnancc' of 81 was the exer
else OF rghtfu power it is still important 10 know pre-
cisey what lis objects The honorable senator from
Virginia. MIR. MASON, in his speech on the sh of July
on this bill, referred to letter from Mr. Madison 10
MIR Monroe, that | had shown him, procured by me
from the manuscripts of the latter dated February r.
shows 1t TO have been such excuse those who voted
Tor from any mputaton OF intentional usupaton OF
power and, limited to such object the exercise of the
power is less Objectionable, and has the support Of strong
or necessity When the ordinance was passed il was
conceded that the Congress of the confederation had no
authority to prohibit restrain the foreign aaue trade
IN the States. Yet every State except three or perhaps
four had expressed decided hostility to that trade and
hdd passed latcs 10 suppress a. The sole object of the
9th article OF the ordiaance, says Mr. Madison was to
anu IN putting an end ito the importation of saues FROM
ABROAD and the Congress had posse ssed the power
TO do 80 by general law all the States this article
creating distinction among tie States in tie degree Of
l Ill.,. 49,. 49,.