The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-23

are utterly silent the point and the exercise ~ the
power was an opea assumption OF authority II ,he ..sn
gagement," supposng there 10 have been one wanted
validity the constitution gave II none, bat lett il a. h,
found it. member OF the other House, whose zeal GER
talny outsirpped his discretion when he said, quoting
his previous opinions, that he had egosm enough
believe his good any other authority and in doing
that he but followed the examples OF the coufts in
which IT was the regular and every day practice 10 cite
their own DECISIONS, declared also, quite cahedrd,
that che should be able to show, &c. that these ar-
ces Of the ordinance forever binding. unless altered
by mutual consent, and that in Indiana had ever
been silly enough TO doubt the validity Of the ordi
NANCE mr. Petit. vol l. 7ls) II sno the validity Of
the ordinance we now seeking ordinary act oil
legislation, but its nyolability or perpetual obligation
The speaker conounds two propositions entirely differ
ent in their nature. Let me ask him if any in Indi
ever doubted the power OF the people Of that State to
assemble in convention and to introduce slavery there il
they please ito abolish the English common law, and
substitute the code Napoleon, q the Louisiana code. q
law Of part Of Indiana, or change the nature OF bail
for offences find better remedy for the preservation Of
personal liberty than The writ Of hateas corpus all which
but by common consent, or, in other words, they
questions OF internal policy, which the people
sovereign enough TO touch without the consent of Con-
gress had supposed, till now, that the new States
were admitted into the Union ''an equal footing with
the original States, in all respects whatever" But if this
correct the new States and the old States occupy very
different positions in the Union, and the powers OF the
latter are much greater than those OF the former. AS
citizen OF the northwest object toto cGo to this hu-
initiating difference, and doubt if the gentleman will
fad many converts to his opinion in his own State:
the title Of the public ands s Sat one one Of the
provisions OF this compact" which prohibits the
States from any interference in their disposition Why,
from the deeds Of OF the States who owned them
and Congress got the power to sell and control them, not
from the ordinance, which, have by the opin
by reference to the articles OF confederation, value
less for that purpose; but from the constitutional authority
to make "a the needful rules and regulations respect
ss es hs winch was g secure TINS very o.
There can be no doubt sir, that this form Of COM
nance the absence of all real power over the subject
having somewhat the appearance OF mutual arrange
ment, and therefore obnoxious to less censure than
direct assumption OF authority would have been. The
first ordinance, Qor that OF 1857 is the secondly the
ordinance OF April 1854 which, however, was repealed
by the other before it operation, contained also
this declared compact but IN much more imposing
form than il afterwards assumed. provided, that "he
foregoing articles shall be formed into charter Of
pact shall be duly executed by the President of the Uni
ted States in Congress assembled under his hand and the
seal Of the United Sates shall be promulgated and shall
stand as fundamental constitutions &C., &c. lpresume
this pushing compacts into constitutions for the new
States by the sole authority of Congress after
wards thought 10 be going little too far, and the more
modest form was finally adopted
Iii singular commentary on the positive declarations
OF the nvioaby OF this ordinance that at the very time
they made, act of Congress passed. almost
weaa AND We have BEEN od by the
OF the Judiciary Committee OF the Senate, that al
though the question was raised before the committee
four of the members out OF five considered it OF no
weight, and the bill passed this body without even
discussion upon it. Among the articles OF compact was
one which provided that there should not be less than
three more than five States in the northwest terri
tory This power had been exhausted, and the five
States admitted into the Union But a large portion OF
now forms part Of the Minnesota Territory, to be organ
ized into separate State to form part OF another
with the country west Of the Mississippi. So much for
10 While il is admitted that the ordinance of 17s7 was
passed by the old Congress OF the confederation, with
out authority from the States it is conendsd not that
the clause respecting "debts and engagements confirmed
it. but that had been tacitly confirmed by the adop-
ton of the present constitution and the authority given
to Congress in il to make needful rules and regulations
These are the views bequeathed to us by an eminent
citizen, who, after filling The Office of President OF the
the ancient warriors fell with their harness upon them
has been long known that ne kept diary OF passing
events and portion Of this record OF daily occur
rences has been recently taken from the deposit
tory, where il had better been shielded by time land
dust and exposed to the light OF day by mem
Der Of his family How often has the memory Of dis.
friends, who instead Of going backward with garment
to them reveal their nrmes TO the curiosity OF
claims and they are many which the deceased states
had to the consideration OF his countymen, founded
upon his services his talents, his requirements and his
ter ones and temperament often i'll regulated and al
ways excabe too frequently nterered, especially when
and measures were closely Connected win tnat calm
investigation essential to the exercise OF correct
Judgment This coemporaneous record OF his feelings
and opinions exhibits these traits Of character in bold
intellect may be overshadowed by strange alterations
and rendered useless and sometimes dangerous by way
ward vie originating in passing Impressions and main
tanned with characteristic tenacity and with little respect
for the opinions OF others.
In this diary, the compromise BY whchthe constitution
was established, and without which il could never have
been established is denounced he bargain between
freedom and slavery" and 1t is pronounced "moraly
and politically vicious" with various harsh epthets and
illogical deduchons little creditable TO the judgment OF
the writer any time, and least OF all al that time,
sdeng the position in the government he then occupied
and the acknowledged claims he had TO sl higher dis
tinction.
This condemnation of the constitution as morally
and enjoyed the confidence OF his country in many sta
tons oil high honor and responsiblityin more indeed,
perhaps. than any other man OF the past generation
whose services commenced about the commencement OF
the present government and continued almost without
ntemisson until his terminated by death AT
the very time he thus imboded this opinion of the const
ution he was the second officer OF the executive de-
partmeni of the government and became, long, the
rst and in each of these capacities, in many pre-.
ceding one, he voluntarily assumed, under the most
solemn sanction, the obligation to support this constu-
on thus stamped with the charge OF moral and pofifi-
cal pce take no pleasure in the expression OF these
views But the document has been given to the coun-
try and, regret may and must has already pass
ed into history and like all the other materials Of which
history is composed, il cannot escape the scrutiny, nor
will esape the censure OF age like this Nor should it.
Its tone OF moral sentiment is bad The doctrine and the
evample arc had That the constitution ia a vicious