Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-26


the slightest opposition and voice has ever been raised
object to these alterations account Of this nvoaDMy
Tue Judges at first appointed during good behavior
This afterwards reduced TO three years.
ave council were to be elected by Congress from list con-
tanning double The necessary numbers nominated BY the
of Representatives This eventually gave way 70
election. The Governor at first bad the sPPonImen q a
the officers but the Of the Legislative council
his nominations was afterwards required. The delegate 70
Congress was elected by the legislature The election was
given the people, These changes and are
MANY more in the governments upon which the ord
nance Of 1857 operated enough to show that they were
considered within control Of congressional authority pro-
tected by no character Of nviolabiity.
What are called the articles of compact are the SIX last
tons 81 the ordinance introduced by the declaration, already
quoted that they shall forever remain usnHerd6k unless 6y
common consent They do not contain one word on the
subject of Territorial Government They relate TO the per-
manent condition Of the country declaring certain general
principles concerning freedom and knowledge, making
for the protection of the Indians aud fixing the
boundaries and providing for the admission Of States and
defining their connexion with the Union, and providing for
the exclusion Of slavery So far therefore, respects the
of the territories, organized within the original
limits Of the United States, these articles form no compact
and they derive validity from the constitutional clause as
Stunning the engagements Of the old governments tnat
clause is applicable ALL it is applicable only to the Povso
excluding slavery But leaves untouched the right OF the
old Congress establish governments for the territory OF
the United States which is the very question whose solution
original territory of the United States was governed under the
constitution by this compact engagement Is met and ePeed
by the fact that there such compact relating 70 the
while, If there compact rendered valid BY
the constitution which, among other things provided for the
exclusion of slavery, that gives authority to congress 70
exercise similar power other territories since acquired
1t was the then existing compact II any, which was sane
toned and there the power exhausted Thereafter the
right exclude depended on the right of unlimited egsaon
But il Is all idle talk about the compacs in the ordi
nance Of 7s7 The articles 50 designated are destitute Of
the very first elements Of reciprocal obligation There was
but one party them The oha party had not yet come
into being or rather the otheparty was not heard at all
for was composed Of the inhabitants then living in the Ter
ritorihe settlers upon the Wabash, in the Illinois counlry
in the Detroit count Green Bay, and at Prairie du Chem
These constituted the party then in existence and
this compact wasdecaed binding upon them and their descen
dsn and evocaby so without their consent and without
their knowledge Why, sir, if there had been but one man
in that counyand there many thousands and among
these not few eugants from the States-he would not
have been bound by compact he never heard Of and to
which his required, either expressly or
impedy and much less the people then there As to max
ing with unborn States and millions by the simple
of foreign body constituting itself of the parties and
acting for the other and without any being provided
for procuring their assent in all tme either by the act of the
then existing Of any future generaon by acceptance
of the terms held out by any other mode had not our
told the conary might well have doubted
whether could be found to contend for strange
doctrine.
Besides the want Of parties, there total want of
power No with any regard for himself looking to the
articles of the old confederation deny this even if we
had the authoritative declaration Of Mr. Madison, when
speaking Of it question neither disputed dputabe
to which Mr. Adams assents The articles utterly silent
on the point and the exercise Of the power an
sumption of authority. II the engagement" surprising
there have been wanted validity the constitution gave
it none but left it found it. member Of the other
House, whose zeal certainly ousrpped his discretion when
he said quoting his previous opinions that he had ego
tsm enough believe his good any other authority
and in doing that he but followed the examples Of the
courts in which il the regular and practice to
cite their decisions, declared also, quite cathedral
that he should be able show &C. that these six articles
of the ordinance forever binding, unless altered by
tual consent and that in Indiana had been silly
enough to doubt the validity of the ordinance, Mr. Petit
VOL l, p 7lS) 1t is not the validity of the ordinance
seeking an ordinary of legislation, but its in
volatility perpetual obligation. The speaker conounds
two propositions entirely different in their nature. Let
ask him any in Indiana doubted the power of the
people Of that State assemble in convention, and intro
duce slavery there they please ito abolish the English
law, and substitute the code of Napoleon, the
Louisiana code the contune de Paris which at
time was the law OF part OF lndanu change the nature
OF bail for Offences find better remedy for the preservation
Of personal liberty than the writ of abeas corpus Pail which
declared by the ordinance to be forever unaerabe but
BY consents in other words they questions Of
internal policy which the people sovereign enough
touch without the consent of Congress- had supposed till
now, that the States admitted into the Union
can equal footing with the original States, in all respects
whatever But it this doctrine of the perpetual obligation OF
this ordinance be correct the States and the old States
occupy 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 coo this humi
ang difference, and doubt if the gentleman will find many
converts to bis opinion in bis State.
In support of his views, he asks where the United States
got the title to the pubc lands but Of the provisions
Of this compact which prohibits the States from any
interference in their disposition Why, sir the United States
got the title of the public lands from the deeds of cesson of
the States who owned them, and Congress got the power
sell and control hem not from the ordinance which,
have seen by the opinion Of Mr. Madison and which may be
any time by reference the articles of conedsra
ton, vaueess for that purpose but from the copsu
onal authority to make all the needl rules and regua
tons respecting Them which introduced to secure this
very object.
There can be doubt, sir that this form Of compact
given to these important articles Of the ordnance in the
absence Of all real power the subject having
what the appearance Of mutual arrangement and therefore
obnoxious to lees than direct assumption of author
ty would have BEEN The first ordinance, or that Of 1857
Is the second the ordinance of April %, 1884, which, how
repealed by the other before into operation
contained also this declared compact but in much i'm
posing form than afterwards assumed. provided that
the foregoing articles shall be formed into charter of COM
pact shall be duly executed by the President of the United
States in Congress assembled under his hand and the seal Of
the United States, shall be promulgated and shall stand
fundamental constitutions, &C., &C. presume this push
ing compacs into constitutions for the States by the sole
authority of Congress afterwards thought to be going
little too far and the modest form finally adopted
1t isl singular Commentary the positive declarations
OF the involaby Of this ordinance that at the very time
they were made act Of Congress passed. almost with
out opposition violating this ordinance fundamental par
tcuar And have been told by the chairman of the Ju
dietary Committee Of the Senate that although the question
was raised before the committee four of the Of five
considered 1t Of weight and the bill passed this body with
out discussion upon It, Among the articles Of compact
which provided that there should be less than
three than Ave States in the northwest territory
This power has been exhausted and the five States admitted