The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-11-09

the person claiming bis her labor service aore
said And this article Of the sir which the ordinance
declares shall be compact between the original States and
the people and Stats the said Territory, and forever
main unalterable, unless by common consent
The argument that the six articles which the ord
declares be perpetual still in force In the States
since formed within the Territory and admitted into the
Union.
But it has been settled by judicial decision in this court
that this ordinance is not in force.
$780, depended upon the principles with the before
1t that the question: that case arose IN louisiana
But the Of Congress OF April 1898, chap rs q stat
Large, s) extended the ordinance OF ls to the then
Territory of Mississippi with the exception OF the antsayey
clause declared that the people Of that Territory should
be entitled TO- and enjoy all the rights privileges and advan
tages granted the people of the territory northwest OF the
Ohio And by the act OF March q 1885, chap 30 & Stat at
LARGE 322) it enacted that the inhabitants OF the then
Territory should be entitled to- and enjoy, all the
rights privileges and advantages secured by the ordinance
1857 that time enjoyed by the people OF the sss
spp territory
:. In the case above mentioned Permo claimed the pro
lection of the clause the six articles which provides
for the freedom religion alleging that had been violated
by municipality And he brought the question before
this court upon the ground that it had jurisdiction under the
ordinance the held that the ordinance ceased to be
when Louisiana became State and dismissed the
case for want of urisdcton This opinion is indeed CON
Territory in which the arose But 1t Is evil
ordinance cannot be force in the States formed
Territory and the same time not IN force
in the States formed Southwestern Territory to which
was extended by present governments for the ord
pledges of the Congress OF the old confederation
be enduring and obligatory than those OF the
new governments there DO any reason Tor giving
different Interpretation the words used in similar IN
because the by the old confederation and
the other by present And when 1t de-
cded this ordinance is not in force In LOUISIANA o
lows that it cannot be in force in Ohio
But the whole question upon the ordinance OF lloi, ana
of Congress extending it to other territory after
wards acquired carefully considered in Pollard a
gam How 2l2. The subject fully examined IN the opin
ion that case with which concur and is
sufficient refer to the reasoning and principles by
which that Judgment maintained without entering again
upon a full examination of the question.
Indeed it is impossible look at the six articles which
supposed in the argument to be still In orce without
seeing at many of the provisions contained in them
inconsistent with the present constitution Ana they
could as yet operation in the States formed
within the limits of the Northwestern Territory, It would
place them in an inferior condition compared with the
other States and subject their domestic institutions ana
municipal regulations to the constant supervision ana
control of this court The constitution in the Ian
guage of the ordinance adopted by common consent
and the people of the Territories must necessarily be
regarded parties to it, and bound by it, and entitled
to its benefits well the people OF the then existing
States 1t became the supreme law throughout the United
States and, far any obligations OF good iaIth had
been previously incurred by the ordinance they faith
fully carried into execution by the power ana authority
of the government
In fact when the constitution adopted the settle
nen Of that Territory hardly begun and the peo
ole who filled It, and formed the great and popuou States
that now cover it, inhabitants of the Territory after
the constitution adopted and migrated upon the faith
that its protection and benefits would be extended to them
and that they would due time according to its provisions
and spirit be admitted into the Union upon equal footing
with the old States for the secured to them
all the public rights navigation and which the
ordinance did could provide for and extended
to them when they should become States much greater
power over their municipal regulations and domestic con-
Germs than the confederation had agreed to concede The
six articles said be perpetual compact are not made
part Of the constitution.
undoubtedly true that fhc material provisions
and principles of these articles inconsistent with the
United States have been the established law
within this Territory since passed and
hence the sometimes spoken still in force
provisions owed their legal validity and force after
the constitution adopted and while the territorial
nent continued the of Congress of August y 7s9,
which adopted continued the ordinance of 1887 and
carried its provisions into execution with modifca
TONS which necessary adapt its form of
to the new constitution And the States since formed in
the territory these provisions far as they have been pre-
served their validity and authority to the constitution
of the United the constitutions and laws Of the
respective States and the authority Of the ordinance
of the old confederation"
We trust that these citations will satisfy inquring
contemporaries that there nothing paradoxica in the
views of the Attorney General who instead of putting
forth any strange novelty, did but state and apply what
he conceived be settled law upon the above and various
other decisions of the Supreme Court of the United States
rtIC w ny