The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1851-01-22


that the question in that case arose in Louis
lana. But the act of Congress of April z
1898, chap. %, "a Stat. al Large, 539, ex,
tended the ordinance OF 1887 TO the ller
territory Of Mississippi, with the exception
Of the antislayery clause, and declared thai
The people of that Territory should he enIt
tied to aud enjoy all the rights, privilege,
and advantages granted to the people of The
territory northwest Of The Ohio. And by the
aci OF March 2, 1905, chap. %, (Stsi. al
Large, 322.ii it was enacted that The inhabi.
tans Of the then Territory of New OrIean.
should be entitled 10 and enjoy all the right.
privileges, and advantages secured by the
ordinance Of 1887 and at that time enjoyed
by the people Of the Mississippi Territory.
In the case above mentioned Permol
claimed the protection Of the clause in one
OF the six articles which provides for the
ireedom of religion, alleging that il had beer
violated by The First Municipality. And he
brought the question before this Court upon
the ground that it had Jurisdiction under the
ordinance, b, Inc court held lhat,the or.
diHapce ceased to be in fofce when LOuisi.
ana became a Slate, and dismissed the case
for want Of jurisdiction. This opinion is in,
deed confined to lhe territory IN which tht
case arosesa But 1t is evident that the ordi
nance cannot be in force in the States form
ed in theno.thweslctn terrllory-nnd al the
same time not in fotce in The States formed
IN the southwestern territory, to which i
was extended by the present Government
For the ordinances and pledges of the Con
gross Of the old confederation cannot be
more enduring and obligatory than those O
The new government; nor can there be any
reason ior giving 4 different Interpretation
10 the same wards used in similar insiru,
ments, because The one is by the old confed
eralon and The other by ibe present Govern
nent. And when it is decided hat this or.
dinance is moi in forcein Louisiana, it follow,
that u cannot be ln(urce in Ohio. rs 4,
But the whole question upon the ordinance
of 1887, and The acts of Congress extending
ii 10 other lerfipry afterwards acquired, wa,
carefully considered in Pollard VS.. Hagan, :
How. 2i2. The subject is fully examined
III the opinion pronounced in that case, wild
which we concur; and it is sufficient now Il
lrefer to The reasoning aud principles by
which thai judgement IS maintained, ~ilhou
entering again upona full examination of the
question. ..jaran .e9usf W J
Indeed il is impossible TO look at the .sA
ARTICLES, which are supposed in the esargumen
10 be slIll ~ force, without, seeing at once
that many of The provisions contained in then
are Inconsistent with the present constitn
ton. Aud, it they could be regarded as We
IN oPefa,len in The States lormed within tht
limits OF the northwestern territory, il wonit
place them in an inferior condition as com
pared with the pther States, and subject thei
domestic nstiiulions and municipal reaula
HOES 10 the constant supervision and contro
OF this court The constitution was in lbt
language OF The ordinance 'aoopted by com
mon CONSENT and he people of the territory
must necessarily be regarded as parties to il
and bound by It., and entitled tnits benefits
las we'll as the people Of the then existing
States. II became The supreme law through
"out the United States. And, as far as any
obligations of good faith had been previously
incurred bV the ordinance, they were faith
fully carried lao execution by the power
and authority Of the new goverpmenl. stE
la fact, whan The Constitution was adopt
ed, The settlement of that vast territory was
hatdly begun; and the people, who flied it,
and IoImed the great and populous Stales
lhat now cover it,. became inhabitants of The
territory altet the Constitution was adopted
and migrated upon the faith that It's protec,
ton aud benefits would he extended to them
and that they would in due time, according
10 lis provisions and spirit, be. admitted intc
the Unon upon an equal .poting with the
Iold States. For rights of nav CATION and
commerce which the ordinance did OF coutd
provide for; and, moreover, extended tc
them, when they should become States
much greater power over their municipa
regulations and domestic concerns than lbe
confederation had agreed 10 concede. The
SIX articles, said 10 be perpenal as com,
pact, ale moi made part of The new Con.
stiuton. They certainly are not superior
and paramount 10 the Constitution, and
cannot confer power and jurisdiction upon
this Court The Whole judicial authority
Of the courts Of The United States is d..
rived from The Constitution Itself, and The
laws made under H. 't @'5.'" X
It's undoubtedly true that most of The ma
terial provisions and principles III these SIX
|arllcles-ndt Inconsistent with Tie Coustitu.
tion ol the Uniled States, have been The es.
lablIshed law within This Territory ever since
The ordinance was passed; and hence The on
dnance iiseItis sometimes spoken Of as still
in force. But these provisions owed iheiI
legal validity mid force dfter Tie constitution
was adopted, ano while The Territorial gJy-
enment coEtinIed, 10 the act of Congress
uf August z, 1889, which adopted and con.
linued the otdnance di 1857, and carried its
provisions into execution with some modi6
cations wbich were Necessary to adapt It's
form Of government lothe new CONSTITUTION.
And n'the States since formed ia The terf-
loy, these PROVISIONS, so far as tliey have
been preserved, owe their, validity and au-
thority to The Constitution Of the United
States, and The Constitution aud laws Of tie
respective States, and not 10 the authority 81
HE ordinance bf The old confederation. As
we have all eady said, ii ceased 10 be III force
upon the adoption of the constitution, aod
cannot now % ahelsuarce Of jurisdiction o
anydescription III This Cent. ol 9iey Hus
ineve'y view Of HE subject, thetcfore. This
Coutt has no Jurisdiction Jf the case, aud Ihe
wit oferror must on that gtUdnd be dismiss
ed sa -asae.i mgti saiEn ,ill b ia 3,
srisi& gdl 81 NaS -A--a---s .Aisia Ii issfs
Tine TNsltive slave Case lih NJ. York
sts 80 19i n98a ------- g&afK 4liFbgitsN9
gs DEcfHoNoFJ JUDGE JuDsos 81 ggra
4s8hes giat0l .----A- aeAts gea3 la@aMs
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