Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-02-05


' all Of these limitations upon the power Of ih,
q General Government. whether implied or e1.
pressed, where for the exclusive benefits Of the
y states then existing cannot be gainIaysd. aAd
. therefore the power OF Congress was not there.
/ y restrained in legislsling for the Govern
% nsns Of the Territories. or for the institution
l. and admission into the Union Of new States.
). The attempt was made 10 the constitutions
d convention, TO secure the new States which
J might therefore be admitted into the Union the
y same privileges thus retained BY the original,
= States, but il failed. % the 29ih Of August
e 1877, proposition was made 10 The eObven.
. ton. to provide by The Constitution for the sd.
E mission Of new States OF the same terms with
the original States Elliot's Debates, p.
493. This proposition was rejected, and the
provision adopted and inserted in the Consl-
J tuition ~ it now stands. that new States may
be admitted by the Congress into the Union.
: Why were the words upon the same terms
with the original States rejected BY the Con-
vsntiOn and excluded frNm the Constitution?
ASDifeSty, to declare plainly and distinctly
} the intention Of the frameri Of the Consttu-
} ton, that new States should not come into the
UuiOn ofiight, and upon the same terms with
the original States; but only by the consent of
Congress, upon such terms, and under such
restrictions, as would subject them to the spirit
Of the Constitution, not only as it was origin
ally framed and adopted, but also as it nigh
be therefore amended
This construction, sir, Of the Constitution,
that Congress, in the organization and admist-
ion of new States, might impose conditions up
IN them to which the original States we're not
subjected. by requiring them to conform their
domestic institutions to the Constitution in all
respects, has been affirmed and sanctioned by
the legislative. executive, and judicial depart
meutS of our Government, from The day Of it's
organization.
Let it be borne in mind, sir, that on the 29th /
day Of August, 1877. when the constitutional
convention had the report Of its committee pro.
vidiug for the admission of new states under
consideration, and rejected the provision for
their admission. on the same terms Of the O.
rignal States. the ordinance passed on the 49,
tn of July, 1897, by the congress of the Con.
! federation, for the government Of the North .
west Territory was in full force that it was
the law of all the national territory, and proyi-
dsd for the erection OF new States therein, aud
for their admission into the Uuion OF the Con
federation 'on an equal footing with the origi-
nal States in all respects whatever but sub
ject, nevertheless, to certain terms, conditions,
ard restrictions, which were not imposed upon ,
the original States These terms conditions and q
restriction, were, that slavery, otherwise than
in punishment of crime upon conviction,
should he forever prohibited within nev States
that no man should be therein deprived of his
liberty Or property, but by the judgement of
his peers, or the Law of the land; that the in
habtants thereof all the nhsbtants) should
always be entitled 10 the benefits Of the writ OF
habeas corpus, and of the tral by jury that
private property should not he taken not even
for pubicuse without full compensation there
for; andlhat the constitutions and governments
Of such new States should be republican, and jim
con fOrmity to the principles Of the ordinance.
These were provisions of the six articles OF the
ordinance, which were declared 10 be unattr- {
able but BY the common consent not Of the
new States merely but OF all the States, Up. :
on the adoption of the constitution, the ordi-
nance was superseded and ceased to be law,
for the reason that the Government 10 which it
owed its original validity had ceased to be. q
have the authority Of the president himself for
that. He says in his last annual message. page
&c:
The ordinance for the government Of the
territory northwest OF the river Ohio had con-
tainsd provision which prohibited the use Of
servile lAbour theren.' e
Subsequent to the adoption OF the Constitu. Il
ton, this provision ceased to remain as law, Ii
for its operation, as such was absolutely super
eedsd by the Constitution F.,
But, sir, rely net merely upon the Presi :
dents assertion for the authority for saying
ing that this ordinance ceased to be law upon
the adoption Of the Constitution. The Su-
prems Court of the United States has so ruled
aud declared in the case of Strader ct al Us. n
Graham, no Howard, p 8s In that case Q
Chief Justice Taney says; Q
1T has been settled BY judicial decision inthis t
court that this ordinance of 1897 is not in
force. AS we have already said it ceased to
bs law upon the acOp.iOu Of the Constitution
1t is significant that the court in this case
further decided that
Most Of the material provisions and princi- ,
plss,. of The six articles of the ordinance ofl7-
| 87l not inconsistent with the Constitution Of
] The u nited States, lever since the 7th DAY Of