Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-01-31
WHOLE NO. 500.

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may be admitted by Congress into this unionD
Why were the words upon the same term with
the original States" rejected by the Convention.
and excluded from the Constitution Manjfestlv
to declare plainly and distinctly the intention If
the Trainers Of the Constitution, that new States
should not ccme into the Union of ,fqht, and up.
on the same terms with the original States; but on.
ly by the consent of Congress, upon such terns
and under such restrictions as would subject them
to the spirit of the Conttution not only as il was
originally framed and adopted, but also as il
might be thereafter amended.
This construction, Sir Of the Constitutions that
Congress in the organization and admission os
new States might impose conditions upon them to
which the original States were not subjected, by
requiring them to conform their domestic institu.
tions to the Constitution in all respects has been
affirmed and sanctioned by the legislative, execrs-
tive and judicial departments of our Governmen.
from the day of its organization.
Let 1t be borne in mind, Sir, that on the Goth
day Of August 1887, when the Constitutional
Convention had the report of its Committee pro-
vidlng for the admission of new States under con.
siderai0n and rejected the provision for their ad-
mission ION the same terms with the orignal
States, the ordinance passed on the 18th of July
1857, by the Congress of the Confederation for the
government of the North-West Territory was in
full force that it was the law of all the national
territory, and provided for the erection Of .ew
States therein, and for their admission into the
Union of the Confederation on an equal footing
with the original States in all respects whatever
but subject, nevertheless to certain terms, con-
dtions and restrictions, which not imposed
upon the original States These terms conditions
and restrictions were, that Slavery, otherwise than
IN punishment of crime upon due conviction,
should be t0rerer, prohibited within said ,ew
STATES; that no man should be therein deprived
OF his liberty or property, but by the judgements
Of his peers, or the law of the land that the in
hdOifdRtS there Ill Of the inhabi.ants) should be
atteays entitled to the benefits of the writ of
hdteas corpus, and Of the trial by jury; that
private property should no. be taken even for
public use without full compensation therefor
and that the Constitutions and Governments of
such aetc States should be Republican, and in
conformity to the principles of the ordinance
These were provisions Of the six articles Of the
ordinance, which were declared to be andlterdbls
but by the common consent, not of the States
merely, but of all the States. Upon the adoption
of the Constitution the ordinance was superseded
and ceased to be law for :he reason that the Gov
ernment to which it owed it's origin and validity
had ceased to be. | have the authority of the
President himself for that. lie says in his last
annual message, page 20:
"The ordinance for the Government Of the ter
ritory northwest of the river Ohio had contained
pre- provision which prohibited the use Of seryils
"Subsequent to the adoption of the Gonstisu-
tion, this provision ceased to remain as law, for
its operation, as Such, absolutely superseded
by tie Constitutions"
But, Sir, rely not merely upon the Presidents
assertion for the authority for saving that this
ordinance ceased to be law upon the adoption of
the Constitution. The Supreme Court of the
United States has SO ruled and declared in the
case Of Strader ct al VS.. Graham. no Howard,
p. S2.) In that case Chief Justice Taney says:
at has been settled by judicial decision in this
Court that this ordinance (of 1857 is in force.
AS we have already said IL ceased to be la,r upon
the adoption Of tie Constitution"
1t is significant that the Court in this case
further decided that
"Most of the material provision. and principles
of the six articles (of the Ordinance of l7s7, NOS
Inconsistent with the Constitution of the United
States lever since the 9TH day of August 1897
have been established law within that Territory.
But these provisions owed their legal validity and
force ajier the Constitution was adopted, and
while the Territorial Government continued, in
the act of Congress of 7th August, 1889, which
adopted and continued the Ordinance Of 1881 and
carried its provisions into execution, with some
notifications, which were necessary to adapt it's
form of government to the new Constitution.
And in tie States since formed in the Terri
ritories, these provisions, far as they have
been preserved, owe their validity and authority
to the Constitution Of the UNITED STATES, and the
Constitutions and laws of the respective States
THEREIN established and not to the authority Of
What were the "most material provisions and
principles ofthe six articles" Of ordinance? They
are those which have already enumerated are in-
consistent with the constitution; on the cor trary,
they were each and all incorporated in the Consh-
tuition not as the Constitution originally adop-
ted, but as it was thereafter amended by the ac-
ton of the first Congress in l7S9 and the subse-
quent action of the people Of the several States by
Congressional enactments, and for the admission
of new States into the Union; but it did not, like
. e 1a.1 tk.nk
man should be deprived of liberty or property
but by the judgement of his peers and the law
of the land; that the nhabitants-all the in
habitants-should be entitled, in all cases invol-
wing liberty or life, to the trial by jury, and
that private property should not be taken even
for public use without full compensation there
for. To the honor of the first Congress under
the Constituton-the Congress of l7S9-bs it
said, that the first ten articles of amendment
to the Constitution were reported to the severai
States for adoption and were by the people Of the
States ratified and incorporated into the Constitu-
ton.
The fifth and sixth of these commandments con-
tain substantially and almost literally the provis-
ions of the articles of the ordinance. and, like
them declare that no person shall be deprived Of
life liberty, or property, without due process OF
law that the people shall have the trial by jury
in all involving life or liberty and that pri-
vate property shall not be taken for public use
without just compensation.
The article of the ordinance had been adopted
by the first Congress under.the Constitution and
as the Constitution to be the supreme law Of
the land, it was but just that the First Congress
should have those great principles incorporated.
by the consent Of the whole people Of the Union
in the Constitution. That was done. Why did
the First Congress adopt these provisions dprin"
ciples of the ordinance, and procure their ineor-
poration into the Constitution That can be most
| fifty answered in the words of the ordinance "
salt
"For extending the Fundamental principles OF
civil and religious liberty and to fix
and establish those principles as the basis OF all
laws, constitutions and governments which for
ever hereafter shall be formed within the Terri
tories" -.I
! The act of 1889 adopting this ordinance. a. also
the amendment Incorporating lite great principles