The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-03


known when tested by the constitution and the laws.
Petensons of this sort have been overlhrown more than
once the history OF country shows CONSTITUTIONS
governments should sertnlze their usages with severity
Like the at sea, il is only by observations that
they ascertain their progress. When the surveyor
doubts the accuracy OF his work. he refers to his starting
point to correct his errors and we must constantly recur
10 the fundamental principles Of government, i we
would keep it within its proper limits These principles,
and these principles alone, can determine the truth and
Justice of its course
But what is this practice The Territory OF the North
west when ceded to the Union sparsey populated,
land supposed that the thin and scattered numbers
its people rendered them unable 10 proyde OF sustain
oil 'S7 passed proyded rules Tor landed es-
a,es, authorized the appointment OF lew civil officers,
required the Judges e adopt some OF the laws orgi
nal States and provided that as there should be
five thousand free male inhabitants OF full age. IN the
district, they might elect house Of representatives, and
organize legislature 70 make then own laws y gave
cases not repugnan to the principles OF the ordinance,
authorized them 10 apponta delegate to Congress, and
proceeded to declare what il styles compact between
the original States, and the people and the States
in the said Territory; which compact il declared was
Ito forever remain unaerabe, unless BY common con-
s well as as before hsy we're n
into States; and among its provisions is found the
|an-slavery clause In 1854, Mr. Jefferson had offer
s amy
claim set up that he is the author of the principle which
finds in Congress both power and duty to prohibit
to win the influence Of Jefersons great name But who
will point Inc to the passage, from his pen which. under
Jour constitution, sanctions such claim When and
where since its adoption, did he advocate the right or
power OF Congress to control the local territorial laws
When the Missouri question shook the Union, did his
potent voice proclaim that the people Of the North were
rgh' Where was the censure Of the South-his usti,
cation OF the North? When that tone, ike the bell
in the night struck upon his ear who saw the right OF
Congress defended by his pen Did the man, who even
doubted the power of Congress under the constitution TO
hall far.
rtory at its wl who doubted the power barely to hold
believe that possessed the power TO rule it with
|ou resaint Did he, who believed that the greatest
danger to the republic in the assumption by the
general government OF powers not specifically given
ibid he believe that in regard to the territories inference
alone could rghtfully clohe it with despotc power
Contrast his doctrines with the claim. Where is the
line, in all his writings, which does not stamp beyond
mistaken The proposition of MIR. Jefferson made in
17S4 before our constitution was adopted That nstru
ment defines and fixes the power OF the general govern
ment and under his doctrines utterly repugnant
such an exercise OF congressional power And yet the
advocates OF 'he Proyiso," with wondrous coolness,
claim him as its author Can assurance itself go further
But how fairly it sinks into the ridiculous when read
his letter TO John Holiness and how complete the climax,
to suppose that man. who denied the power of Con-
gress in any case beyond the specific grants of the cons
tuion. willing to find it in inference. when the
obect was TO prevent the spread OF slavery though he
believed that its diffusion" would be an advantage!
Can anything be more preposterously absurd'
But was the ordinance OF 1857 binding, il in opposition
to the will of the people in the Territory OF the Northwest
II appears TO be divided into two parts; the first makes
while the second proposes establish certain principles
This latter however, evidently comedies, could not be
done without the peoples consent and therefore it
that the consent gven and declares the articles
TO be a compact 10 which the people party.
That il was not intended congressional restraint
upon the peoples power Is shown by the fact that the
Temporary provisions subject 10 alteration by the
peoples acton and the given for that part within
the compact" declares its object not TO be restraint,
but TO extend .the fundamental principles OF civil and
religious liberty"
The States whose cessions were subsequent to its pas.
sage, understood il guaranty of rights The pream-
BILE OF North Cardinals deed forth, for
its execution that the inhabitants desrous 10 obtain
more ample protection and the deed spulaes that they
shall have all the privileges OF the people in the Territory
of the Northwest that the United States shall support
government similar to that and protect the inhabitants,
&c. So in Georgas cesson " That the territory thus
ceded shall form State, &c which ordinance shall in
Jail lis parts extend to the territory contained in the pres
en act OF session. that article only excepted which for
bids slavery" thus-as in the OF North Carolina
showing that with the exception OF the slavery clause,
Georgia claped the ordinance guaranty. II she had
considered restrictive upon The people y reasonable 70
for IT, Congress- too, TO have generally considered
the ordinance in the same light The inhabitants shall
be entitled TO- and enjoy all and single the rights privileges
and advantages granted" &C. is the language which il
has used in applying II TO newly created Territories
That every part OF depended for its obligation upon the
assent q the people n the Territory would hardly seem
|preme court OF Ohio, in Hutchinson et a. Thompson,
10 Ohio, says:
al have called this part compact because IL term
ed in the instrument but If II for things
which have since taken place, there might be great difficult
~ In regarding u IN that light There in reality but
party to tofgnay and that the general govern
ment" The Stale may by its act have converted
that into compact which before only fundamental
act Of Congress- The clause in question, Zone In rea-
lion the naygable waers) far regards the people
Of the territory Is gnaranfy TO them against the
ereoces Of Congressthat ls, In other words Limitation
the power Of the federal government aud prohbi-
tion To the new States"
As have said the temporary provisions OF the ordi.
could be altered by the action OF the people va.
|rous ways and the very attempt 10 make part of them
matter oil agreement shows that its authors deemed the
peoples assent necessary to their validity The unlimited
|power OF the people their domestic legislation their
fright TO pass their own laws, and TO regulate their
|own affairs, could not be overruled BY Congress
nor could the people surrender IL by compact and
this is the doctrine OF the courts in the States
formed from the territories 10 which the ordinance
was applied. The supreme court OF Ohio, in the
case just quoted, says "The people OF State have not
|even the right 10 cede to the government OF the Union
any OF those powers which appertan TO its domestic ia.
sdcton, and which go TO make up the idea Of distinct
State" The doctrine is laid down by the federal
courts In that crcut "a State cannot dvest itself of lie
essential attributes OF sovereignty II cannot into
compact not TO exercise its legislative and judicial func-
tons, its elective rights; because this would be to
the federal consilution"-(Spo Mcconnell,
McLean) And thus, despite the provisions OF the
Ordinance, even il we assume il TO have been a
Compact. the people OF State may form a consti-
tuition and government regardless OF it; and this
is true OF the people OF Territory as OF State Ii
them; aad Notwithstanding the ordinance OF 1887, the
|peope OF Ohio may tomorrow establish slavery within
her limits The men who framed the constitution al
that State were familiar with the ordinance they had