Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1851-01-29

ooea0t to be stu 20 u&0GDnU l1ki
f.a rfesen, Gonstitution. And n ,hSv
cotii be regarded as yet il operation ia
the States. formed within ..ae H,pits OF tho
Nosth-wessarn Territory, \ would phce
them in an inferior condition as compared
with the other States, and subject their
domestic institutions and .spunicipal reg
ulations TO the constant supervision 4iid
control Of this Court. The Constitution
was. in the language Of the Ordinance,
"adopted by common CONSENT" and tho
people Of the Territories must necessafi-
ly be regarded as parties to it. and bound
by it, and entitled to; its benefits, as we'll
as the people Of the then existing States
/, became the supreme law throughoa
the United Stetes. And, so far as any
obligations of good faith had keen pSevi.
ously incurred by the Ordinance, they
were faithfully carried into execution by
the power and authority Of the new gov.
ernmant-
la fact. when Ahe Constitution was
adopted, the Settlement of that vast terri
tory was hardly begun; and the people
who filed it. and formed the great and
popuous States that now cover it, became
inhabitants Of the territory after the Cons
tituion was adopted; and migrated upon
the faith that its protection and benefits
would be extended to them, and that they
would ia due &ime, according to its pro-
visions and spirit, be admitted into the
Union upon an equal footing with the old
States. For the new government secur-
ed to them all the public rights Of naviga-
ton and commerce which the ordinance
did or could provide for, and, moreover,
extended TO them when they should be.
come States, much greater power over
their municipal regulations and domestic
than the confederation had
agreed to concede - -Is.spsy sy1.ss:E5
10 be perpetual ae,,.>1--~l. .--.ssslIlS not
made part of the new Constitution :
They certainly are not superior and par
amount to the Constitution, and cannot
confer power and Jurisdiction upon this
Court. The whole judicial authority Of.
the United States is derived from ihe
Constitution itself, and the laws made un-
der it.
II is-u,idoubtedIy true that most Of the
material provisions and principles ofthese
six articles-nof inconsistent with the
Constitution Of. the United States, have
been the established laws within this Ter.
rifory ever Since the1ordinance- vas pass
ed; and hence the ordinance itseA is
sometimes spoken Of as still in force
But thess provisions owed their legal w.
'idiiy and 70 ce after the Constitution Vas
adopted, and while the Territorial Gov
continued, to the act Of. Au3us1
7. 1885, which, adopted and continued the
ordinance Of 1891, and carried liz provis-.
ions into execution with some modi6ca-
tons which were necessary TO adapt it,
form Of government to the new Constitu-
ton. And in the Safes since formed in
the Territory. these provisions. 20 far -
they have been preserved. owe their valid
ity and authority to the. new Constitutes Of
the United States, and the Constitution
and laws Of the respective States, and not
Ia the authority Of the ordinance Of tho
old Confederation. As We have already
seid, i, ceased 70 be IN force upon the
adoption Of cohstitu60ns. and eannos
now be the source Of Jurisdiction OF any
description in this Count.
In every siew Of the subject, thsrejsss.
this Court has no jurisdictlon og the caes. /.
and the writ oferror must, Oh dat RrDund. {
be dismissed. -
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