New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-21

Which adopted evsssst Tie Ordssnos q on add es>
"a s :. n 81 rss . s. + =.
,. f ,Ds .s,Soriiy 70 Z. cs-.;,sa," y Ne u.iTsO
State. THEREIN er'shhed aud no; 70 tie su's0riyef he
ordibsnce Of the old Consideration
What we're the NEST material provision. and prin
"oipts Of these six articles OF the ordinance They
sre those which | have already enunsrs'ed Not
of tboee principles and provisions enuDera'ed are
tneoHsIten. with the Constitution; on the contrary,
they wee each and al Incorporated in the lnsutu-
ton, not az the Constitution was originally sdop'ef
but il wac thereafter ed by The scjidn Of the
fist Congress in 1859 and the subsequent action of the
people the several States The Constitution, 81
Origin ally adopted, provdtd for the government OF
the territory Of the United States by Congressional
,nscimfDts and for the admis ion OF State, into
The Union; but II DID not lke the articles Of the
diDsI ce declare that should be depr we'd OF
liberty or property but by the judgment OF his pees
and tie law Of the ards that the inhabitants-a the
intabiiants-shoth be entitled in al involving
liberty life tn the trial by jury and thst private
prop erty shosd rot be taken, even fJr public use
without full compensation therefor To the honor Of
the first Congress unoer the CO. 81 uon-the Cong ress
of l769-be i said that the FIRE; ten articles of amend
ment 10 III, Constitution reported TO tie several
States for adoption and were by the people of the
States ratified and incorporated in the Consultation.
The fifth and sixth Of there amendments contain SUB
NdnfaHy, and almost literally, the provisions OF the
articles of the ordinance and like them, declsre th.t
mo person shall be deprived Of life, liberty, o. prop
"er1y, without due process Of law" hr the people
shall bsve the trial by jury in all cases involving life
or Liberty and that private property shall not be taken
for public use without Just compensation.
The articles of the ordinance hsd been adopted By
the first Congress under the Cons tnuon; and a. the
CoDsttuiion 10 be the supreme Law Of the land II
vas but lust that TIE First Congress should have those
great principles incorporated by the consent Of tn,
WI ole Ieope of the UDion in the Constitution That
was done. Why did the Fret Congress adopt these
provisions and principles Of the ordinance and procure
hi into no haf "a IN
be most ftly answered In the words of the ordnance
itself:
For extending The fun dAmen'A principle, q civil and tes
q, The ba. Of all laws CONSTITUTIONS, and which
hereafter, ihs be formed within the TeriSre'P
The Of 1889 adopting this ordinance, as also the
Constitution were statute restricfons upon the nst
tuition OF States OF perpetu, obligation aud IT
those restrctious violated the alleged Hprescrptible
right Of equality Of the several States the first Con
eress ana Washington and the people of the United
Satee were guilty of that violation. Perchance my
had no, learned tina, the several Sstes as States, had
al in plescrptbe right to ensl,ye throughout the
national territory, that Sfd under the Con-
stitutioD. might asler any such right.
That Congress had the powerio exclude Slavery ron
the TeintJres and thereby impose statute restrictions
upon new State IL clearly implied in the deed OF ces
zion made by NCrth Carolina and accepted by the Coz
press of 1890 of the Tory out of which Tennessee
hos since become State That deed OF cession con-
tsrs these WORDS:
"P,orid,d That no ,,gra.n made be made By Con-
sress shall tend 70 emsneipste slaves therein"
Why this provso If Congress had no power by
statute regulation, to exclude Slavery from the Terri
tories and even to emancipate slaves therein
The act of 1898, for the government OF the Mssl-
sipp Territory contained one OF those statute resric
tiols which we told violate the imprt sc1p,ible
right Of equality of the several States in these words:
t,hs lawful for any person persons TO 7po,t
sa hs.'Pci Territory from any por, OF place
'N1' "Asd that every slave 50 imported bousb,
shall beIeupon be eStd to receive his OF her iee4om' u
United States Statutes, p 54u)
The act Of 1904 for the government Of the Territory
Of Orleans in addition to the same restriction imposed
upon the NJ ssissppi TERRITORY, contains another TO-
strcrion upon the several States and the people in
these words:
into said Territory except BY citizen Of the Uated States
norin9 said Territory actual settlement and being st
the such bsnd fde owner OF such slave or
slaves" q United States Statutes, p 1o sec lO) .
In 1898 and 1904 the original States were engaged IN
the foreign slave traffic The imi,aton OF the ninth
section OF the st article OF the Constitution had not
expired. and Congress yas thereby restrained from
prohibiting the oration OF slaves and the retention
Of them az slaves within the ORR ina States; bu, Con-
gress did nevertheless cla and exercise the power
by these two enaCiments 10 exclude the foreign tr4c
In slaves from the Territories of Mississippi and Or
leans and fr the latter the domestic slave trade as9
That the power thus exercised by Congress over the
Territories constitutional and unresraned either by
popular sovereignty State sovereignty has bean SOL
emmy aOiucged by the Supreme Court; yet we are
asked with mock gravity, Win you abide by the de-
"cision of the Supreme Court II II 'haH mere
decide at Congress has not the power thus to egs
"lAte1" To those who put this question reply, why
cid YOU not abide the decision Of that tribunal made
in the purer and better days Of the Republic when
harsLels splendid and brilliant intellect, iuHoroed,
TIE great question before the Court In the csse 10
which refer the power of Congress To egislsf
over the Territories and the extent of that power.
This will becC manifest by the statement OF the eise
as set forth in the option OF the Court
The plaintiffs brought their action 10 recover certain
eo de which had been cold pursuant 20 decree OF
Territorial Court of Flofid.. The e0mpceHcy OF this
Terlitoris COud to make the decree deui7d. This
Court bad been established pursuant To the sct OF Con
gres of 1923 which authorized ts erosion, ana ~hlch
ato conferred and defined s ursdictl, m Zoe rdttdt-
~ of this Congressional act denied and upon us
validity the whsle caSe depended. The Court, IN the
opinion pronounced by Nsnha {. j., says:
The which the ha. taken will require that
in deeiens ih question ths .o.t. I a.. IN, 10. % ~
After rectipg the treaty of purchase the Cour. pro
ceeds to ssy that the people of The Florida Territory
do not participate in political power; they do not
share in the Government till Florida shah become
" State. In the mean time Florida continues 70 DC
Territory Of the United Statee gore net by virtue OF
that clause in the Constitution ~hich empo Sers Con-
gress TO make ali needul rules and regulations re
"specing the territory or other property belonging 70
the United Ststes.'" The Court adds, that - the
right 10 govern NAV be the inevitable consequence
OF the rght 10 acquire territory Whichever m,y be
tie source whence the porer derived tie Po''es''OH
Of Il 10 unqVts.ioR6d."
The Court fusly decidee the very point made, as 10
The eonIttency Of the Territorial Counts. In these
words:
They are legislative courts erestea In virtue Of the genera!
sAf OF sovereignty vkIch exists Ia the Government or 10
virtue clause which ensbs Cor % NE a. needl
rule. and Tssusops respecting the territory belonging 70 the
United Iu ietsus Tor them THE Te rtores Con
ares, the combined powers OF the General aid OF
STATE Government
The competency Of the Teitor. Court as therefore
and
HID valid IL s little amusing TO hear pAftsaos say
~ Al This il uere Gietup SO fsr = il arms the 20