The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-20

And still more il declared in the deed of eession ot
Virginia and Of the conditions, that they should
be protected in the enjoyment of their rights aud
privileges precious kind of protection that whi,h
inaugurated new government by falsely COM
pact perpetnaly binding this transferred population TO the
most solemn obligations without their assent and
without their knowledge. These ancient inhabitants of
the country constituted the counter party then actually
existing and this compact by kind Of legislative leger
demain made forever binding upon them and their
descendants Why sir ii there had been but one in
that country, instead OF the thousands who occupied IT, he
would net have been bound by contract he knew moth
ing of and to which his assent asked. As
making contract with unborn States and millions by
the simple act Of foreign body constituting itself Of
the parties and acting for the other and without demand
ing its assent or hereafter for all time TO come had
not witnessed the zeal with which this utter contempt
Of all the principles Of law and ethics is maintained and de-
Tended might well doubt whether single could
be found to contend for such monstrous usurpaton
Mr. President the honorable senator from Georgia, in
discussing this branch Of the subject and in audng to
the transfer of the territorial from the coned
Grafton TO the constitution remarked that by that cons
tuition Congress was bound BY all the contracts Of the old
government He then quotes the first act OF Congress-
extending the power the Territories and making
necessary changes in the provisions Of the ordinance
to accommodate II TO the changed state OF things and
thus continues "The ordinance purpors its face be
contract between the people of Virginia. the inhabitants
Of the Northwest Territory and the government of the
United States perpetual and Interchangeable except by
of all parties" The error, whIch have already
referred lies in the view here presented and it is su
cien,ly important to require correction Sir the ord-
nance of Congress of July l3, 1881 for the govern
ment of the Northwestern Territory, is compact
far rs respects that government does II pnport TO
subject and the sooner il Is cleared an the better That
ordinance contains twelve clauses sections prov-
ding for tina establishment of government and
nor h of the Ohio river All the arrangements including
those for the appointment of officers the definition of their
duties the qualification Of voters various other details
necessary this political condition, amply pro-
vded for And all this is done in the ordinary form Of
legislation claiming no peculiar sancty and epealable
at any time by the existing nwmaking power. After
king these arrangements for temporary governments the
only legitimate object Of congressional legislation
distant people deprived Of representation, the ordinance
proceeds with the declaration that it is hereby ordained
by the authority aforesaid that the following articles shall
be considered articles OF compact between the original
States and the people and States in the sad Territory and
forever remain unalterabe unless by consent p
and then follow six sections pnrporng to be those far
famed articles Of compact. E #r r..a.E.
l. The first nsures the freedom Of religious worship.
The second guarantees certain principles of the Eng
lish law such the trial by jury and other we'll
known features Of that code which ngrafted into
system In the progress of political improvement should
the northwestern States deem it important introduce
changes into their Jurisprudence by attempting to meo-
rate of these provisions they would find themselves
deprived Of the first attribute of sovereignty and would be
compelled to ask the consent Of Congress- if this doctrine
Of the perpetual obligation of the ordinance is the true
g. The third section recommends the encouragement of
schools and the preservation of good faith towards the In
dians ar ~ a-
form part Of Unon and regulates its duties in relation
to it.
g. The fifth provides for the establishment of bounda-
ries, and for the admission of these States.
6. The sixth prohibits the introduction of slavery
These the articles of compact and all Of them and it
will be they have relation none at all to the estab-
shment OF territorial governments And it follows be-
yond contradiction that far concerns those tempo
ray organizations this ordinance is compact does
II derive any vital force from that clause Of the consttu
tion which provides for the immunity Of engagements
thus comforting power of legislation which would other
wise be destitute of any validity. a.e. r.-...t
The senator from Georgia will perceive the msap-
prehenson which he has lent his high authority. The
six sections Of the ordinance called articles OF compact did
not puPort TO be a. be supposes "a contract between the
people of yrgns the Inhabitants of the Ter
ritory, and the government Of the United Sates They
be contract between the original States and
the people and States n the said Territory and far
from ahaving been accepted by all three Of the parties
it accepted by the original States unless the pas
sage OF the law called Of acceptance and as to the
asked for their consent and Of gave it, What
s meant In these decaratory clauses by the States as
contradstngushed from the people as 40 not know,
shall attempt explain The State Of Virginia was
party to this contract except In her capacity as one OF
the members Of the conederacy and therefore could not
accept IL In her deed Of ceeson to the United States she
provided that the expense OF subdung the country should
be refunded her and made arrangements for the reser
vaton Of land for ber troops and declared condition
Of the grant that the country should be divided into
than hundred than one hundred and
fifty miles square providing, at the same time for Their ad-
mission the Union Congress enlarged the size Of the
States and reduced the number to three with power TO In
crease that number to FIVE and II became necessary to
ask the assent Of Virginia to this change the political
organization of the country That assent given and
this all the participation Mat Virginia had In the ord
nance OF Congress 1881 She acted the subject
Of the territorial governments she independ-
State any party TO the exclusion OF slavery from that
region. ..ers .
8 To pursue the investigation observe io the third
place that this perpetual compactconsttuon, In fac-
has been declared Invalid by the Supreme Court OF The
United States.
a. And in the fourth place admitting Its validity and
Its operation a constitutional engagement confirming
the action of Congress the Northwestern Territory
becomes the territorial regions since acquired
the United States and where there have been no com
pacisp followed by "cngagsmspts TO carry jurisdiction
with them9 Whence IL derived the power TO govern,
to regulate internal affairs including all the relations
of e7 turn this question TO those who advocate
the extensive operation of the word "engagcmens In the
constitution.
s. And in the last place, this involable compact has
been cooy volae by Congress without the sghtet OBJ
econ and after n report upon the subject TO the Sen
ate.
Among the irrepealable clauses of that compact 10
which provides that shall be not less than three
more than Stsea in the Northwestern Territory Con-
gress after providing for fve States Ohio Indiana
Illinois, Michigan, and Wisconsin, made provision for
another at s pleasure in the country north OF Wisconsin
and Of the Mississppormng part OF the territory
over which the ordinance OF 1881 extended So much for
the rrepeaabe compact
Mr. BELL. of Tennessee. should like TO understand
from the from Michigan whether be means 70 say
that without violating good faith with the state o. Yr-
gna than Eve States could be erected In the North
western Territory ~ ~.
Mr.. CASS Not at all
Mr. BELL OF Tennessee 7 understood the honorable
senator TO speak of line drawn east and west from the
southern boundary Of Lake Michigan. was under the
impression that he meant TO maintain that another state