Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-05-20

would them through IN safety, and presehe lot u'"
children and their children children their glorious
and conlederncy.
In the first place, then, be laid down the proposition that
Congress possesses the power sgisae tor the Territories
acquired since the adoption of the constitution asan ihecei
to the power acquire, accessible rei and iesuaheu
only by tho conditions upon which the territory vas ceded
and by the prohibitions and limitations Of the constitution ne
also maintained that the ordinance OF 1857 expressly ado
ed and continued in force by the constitution, and no inhe
adoption by Congress necessary and that Congress was
empowered to make all laws which shoIld ne proper 70 carry
the ordinance into effect.
Mr.. q. ]. INGERSoLL. What was the opinion Of ar
Madison
Mr.. MURPHY said he would answer the gentleman pre-
sely In the discussion Of these propositions ne wend re-
verse the order in which had stated them. Now whaWas
territory Of the Uned States There was the territory
that coded by the different States forming this ondera
CIV before the adoption the coDstuoEhe teriry nor
west of the Ohio There likewise the cession deed OF
Georgia in 1902 comprising the present States q Alabama
and Mssissippi the ceson by treaty by France in 1903
of the terrt y which comprised the State OF louisiana
and the cession by Spain By the treaty OF 1919 OF that which
is now the state OF Florida. And what else The land
which we acquired by discovery Such was the Oregon terri
tory He deemed to do more than merely 70
advert TO the opinions Of Mr. Calhoun and Mr. Buchanan on
this point The principal ground which they claimed
title to Oregon that Of discovery To this fact ne wish
ed now to direct the attention of the committee for purposes
which would appear in the OF his argument The or
dnance OF 1887 them became OF Importance only IN refer
ence TO the territory northwest of the Ohio That ordinance
than that northwest of the Ohio and have to look Tor other
principles govern US in regard to such other territory
He would now proceed to the consideration OF the ordinance
of 7 for the purpose Of showing the distinction between that
and The Of the power which are to exercise over
other territories and he had numerous authorities on This sub
-r, He would simply direct the attention of the
committee the ordinance OF 81 Tor was unnecessary to
read it, as every gentleman doubtless familiar with its
provisions In the first place, that ordinance declared
be compact and articles thus agreed 10 and arranged
between the people of the United States and the people who
were those territories to continue forever in
force subject towever certain restrictions The language
of the ordinance
hereby ordained and declared by the authority sore
sd that the following articles shah be considered articles
of compact between the original States and the people and
States the said territory and forever remain unaerable
less BY common consent"
Again. in article 4h, are these words
"he said Territory, and the States which may be formed
therein shall forever remain part of this Conedeacy OF the
United States OF America subject the articles OF Confede
ration such alterations therein shall be constitutional
made and all the acts and ordinances OF the United States
in Congress assembled conformable thereto.
When this ordinance passed it thus appears from its
provisions that constitution contemplated and
the people the territories and the territories themselves
be subjected generally 10 the legislation Of this
government; under the terms of the compact.
And he would the inquiry put to him by the
gentleman from Pennsylvania who asked him if he knew
what Mr. Madison said this subject. Mr.. Madison said
that the ordnaUce passed with doubtful auho
y but he afterwards justify the passage of that
ordinance. Mr.. Madison said
81 not by any thing here said throw
the which have been pursued by Congress-
sensible that they could have done otherwise The public
interest the necessity the imposed upon them the task
OF overlapping their constitutional limits"
He thus approved The measure did Mr.. Jefferson, who
the eulhor Of the ordinance u 1884, this principle the
that of 1857 and who would hardly have advocated
il If IL unconstitutional.
But he cared whether that consutonaly made
or the time he said, and that his position
the constitution Of 1877 confirmed that ordinance and made
valid Now he had not in the OF the debate
this question: the clause Of the constitution OF the United
referred 10, which he should direct the of
the House lie did put the power Of Congress legs
late the territories upon the clause authorizing Congress
make all needu rules and regulations respecting the
ry other property belonging the United State " Tor he
thought with the gentleman from Virginia that the word
other" qualified the VOID 'erritory, and showed that
spoken Of here only property giving Coagress
the power make all needul roles and regulations respecting
the territory property OF ths United States.
He fell IN, therefore, with the view Of the gentleman from
Virginia this point bot not necessary to rely upon
the clause in question.
But 10 his mind we had abundant confirmation o,hs ordi-
nance in the constitution itself Would not have been
narkabe indeed the which framed the c0ns
tuton sitting the and place Of that Congress
which adopted this ordinance, had made provision
in regard When regarded the fact that the proyi
sion reference slavery in both instruments adopted
the day-he provision in the constitution providing
for the hree-fhs representation Of slaves and the prohibition
in the ordinance Of slavery in the Northwest territory, and
There mad utmost on opinion
both bodes-could be considered accidental coincidence
No. the result Of conference Of consultation with each
other for the good Of the country OF consultation such T
t should be shown by here They compromised
that while they allowed the representation Of three Ghs
Of the slaves they prohibited slavery the Northwest territory
But after the constitution adopted, which cobstu-
ton itself recognised this ordinance, he would presently
show law passed addition carry into further effect
the ordinance Of 1897. He would ask gentlemen tell him
how this law be passed they did consider the
ordinance in existence and valid He read Of the
law preamble Of winch reced that in order that the od
nance Of 1857 may continue have foil effect" il Is
quisite, &c.
Mr.. GAYLE. Is that an act Of Congress,
Mr.. MURPHY replied that it This ordinance then,
q compact engagement contract between the people
Of the United States their collective capacity, and the people
who should nhsb ibis territory and this express aekn1w
edgment this compact by Congress- after the adoption Of
the constitution, well the recognition Of by the
constitution, made binding, ratified il, and cured il o.
any unconstitutonaIity under the confederation which
might previously have been obnoxious The clause Of the
constitution 20 which he referred in these words al
debts contracted and engagements entered into before the
adoption Of this constitution shall be valid agains, the
United States under this constitution under the COME
deration.
gentleman near him said this had reference to a
pact this ordinance IL in declared be compact
agreement engagement entered into on the par
Of the United and here express provision TO
rstiy ell engagements" II compact, no agree
mem between United States sDd the Pocplc 81 the new
territory hen he admitted This clause Of the constitution did
not touch ii.
H. -. - n IL s..na tAn