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


States since formed 10 the Territories. these
provisions, 50 far Sc they have been preserved
owe their validity and authority 10 the Con
ssi'atlOn Of The United States. and the eouslitu-
tions and laws Of lhe respective Slates. there
IN established, and not to the authority Of tbe
ordinance Of the oil Confederation" !"
What were the " most material uroyfsiops
and principles Of these liz articles" Of the or.
dinsncef They are those which l have al.
ready enumerated. Not one Of these principles
and ProVi'isnS enumerated are iacOnsjslsut
Wishths constitution, on the contrary they we're
all incorporated in the Constitution, no. a. the
Constitution was originally adopted. bur az it
was thereafter amended By the seton Of the
first Congress in 1875, and the subsequsnt &C.
ton Of the people Of the several STATES. The
Constitution. as Originally adopted provided
for the government Of the terri, ry Of tbs,Unied
States By ecngrsssionsl en- Ictments. and for tue
admission Of new States into The Union; bat il
did not, Ike the articles Of tbe ordinance. 6e-
clare that no man should be deprived of liberty
or property but by The Judgement Of bi, peers
and the Law Of the land; that the inhabitants
all the inhsbit,nts-should be entitled, 10 al
cases Involving liberty or life, to the trial By iu-
~, and that private property shoud not be ia
kes. even for public uses, without fal compen-
saiion therefor. To the honor Of The first Con.
gress under the Consiiution-the Congress OF
l7S9-be it said. The first ten articles oi amend
nent to the Constitution were reported to n.
several States for adoption and we're by the
people Of the SlaIss ratified and in.Orporated
IN the Constitution.
The fifth and sixth Of these amendments
'ontain substantially, and almost literally, The
provisions Of the articles Of The ordinance, and
Ike them, declare that no person shall be
deprived OF life, liberty, or property, wi:hou.
iue process Of law" that the people shall
have the Trial by jury in all cases involving
he Or liberty, aud that private property shal!
lOi be taken for public use without Just com
,eEsstion.
The articles Of the ordnance had been a.
iopied by the first congress under the Consti-
uaoa' and as the Constitution was to be the
supreme law of the land it was bu, lust that
he First Congress should have .hose great
principles incorporated by the consent OF The
whole people Of the Union 10 The Constitution
That was done. Why did the first Congress
adopt tLese provisions and principles of the or
finance, and procure their incorporation into
be Constitution? That can be most FLY an /
answered in the words Of TIE ordinance itself:
For extending the fundamental principles Of |
ivi and religious liberty and to FIX
nd establish those principles as the basis OF
ii laws. constitutions, and governments which /
Orever hereafter, shall be formed within the
lsrruories.'
The act Of 1899 adopting this ordinance, es
lso the amendment Incorporating its great
principles in the Constitution, we're Statute
esttIctions upOO the institution Of new States
# perpetual obligation, and if those restric-
ions violated the alledged imprescriptbs
light of equality of the several States the
First Congress, and Washington, and the peo.
Die of the United States, were gully Of the VIC.
alton. Perchance they had not learned that
he several States, as States, had an impresoript-
bic right to ensiave men throughout the na-
ionsl territory, or that new States under the
constitution, might assert any such right.
That Congress had the power to exclude
avery from the Territories, and thsreby ina-
ose statute restrictions upon the new States,
clearly implied in the deed Of cession by
IOrth Carolina and accepted by the Congress
{ 1890, of the territory ont Of which Tennessee
as since became State. That deed Of cession
ontains thess words:
Provided. thatnO regulations made, or to be
,ade by Congress-, shall tend to emancipats
sves therein
Why this prOvisO, if Congress had no pow
r BY statute regulation to exclude slavery from
1e Territories. and ever to smsncipate slaves
lereiae
The act OF 1888, for the government Of the
iississipp Territory, contained one of those
tatute restrictions. which We are told violate
he imprescrptble right of equality of the
sYeral States, in these words,
1t shall not be lawful ior any person, or
ersons, to import or bring into the said Miss.
sipp Territory, from any port or place with
ut the limits Of the United States, any slave I
T slaves And l
hat every slave SO imported or brought, shall,
hereupon, be entitled 10 receive his or her
reedom.- United States Statute, p, $50.
The act Of 1904 for the government of the
'srritory of Orleans, in addition to the same
csiriction impossi upon the Mississippi Terri,
ory. contains another restriction upon the sew.
raj States and the people, in these words:
No slave.Or slaves shall, directly or lndi.
ectly. be introduced into said Territory, tx.