True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-02-04

uau ootalHeu pIoVlSlOh WHICH pIolllol-
ted the use of servile labor therein.
Subsequent to The adoption Of The
Constitution this provision ceased to re-
main as law, for its operation, as such,
was absolutely superseded by the COnsh
tutiOn."
But, sir rely not merely upon the
Presidents assertion forilhe authority for
saying that this ordinance ceased to be IA
law upon the adoption of the Constitution
The Supreme Court of the UniIed States
has SO luled and declared in the case Of
Strader ct al. Us. Graham, no Howard,
p, s2') In that case Chief Justice fancy
says:
1t has been settled by judicial deci-
sion in this court that this ordinance (of
1857 is not in force. As we have al.
ready said, it ceased to be law upon the
adoption Of the COnstitution.'
1t is significant that the court in this
case further decided that
"Mosl Of the material provisions and
principles Of the six articles (of the ordi-
nance Of 1857 not inconsistent with lhe
Constitution of the United States, lever
since the 7th day Of August, 1885, have
been established law within that Terrific
ry. Blu. these provisions owed uieir legal
validity and force after the Constitution
was adopted, and while the territorial
government continued, to the act of Con-
gress Of 7th Aug. 1880, which adopted
and continued the ordinance of 1887,
and carried its provisions into execution,
its f rm Of government 10 the new Con-
sli,u'ion. And M the States since form
ed in the Territories, these provisions, so
far as they have been preserved, owe their
validity and authority 10 the Constitution
of the UNiTED STATES, and the conslitu.
tions and laws of the respective Stales,
| (lherein established and not to the au.
thority Of the ordinance of the old Con-
federation"
What were the "most material provis-
ions and principles Of these six articles +"
of the ordinance They ale those
which have already enumerated. Not
one of those principles and provisions en-
umerated are inconsistent with the Con-
slitution; on the contrary, they were
each and all incorporated in the Constitu1
ton, not as the Constitution was origi-
nally adopted, but as it was thereafter
amended by the action of the first Con-
gress in 1889, and the subsequen, action
of the people Of the several States. The
Constitution, as originally adopted, pro-
yided for the government Of the territory
Of the United States by congressional
enactments, and for the admission of new
States into the Union but il did not,
like the the articles of the ordinance, de.
clare that no man should be deprived Of
liberty or properly by the judgement of
his peers and the law Of the land that
the inhabtants-all the inhabitants
should be entitled, in all cases involving
liberty or life, to the trial by jury, and
that private property should not be taken,
even for public use, without full compen.
sation therefor. To the honor of the
the first Congress under the Constitution
the Congress Of l7s9-bs it said, that
the first ten articles of the amendment 10
the Constitution were reported 10 the
several States for adoption and were by
the people of the States ratified and in
corporaled in the Constitution.
The fifth and SIKH of these amend.
ments contain substantially. and almost
literally. the provisions of the articles OF
the ordinance, and, like them, declare thai
"no person shall be deprived Of life, lib.
erty, or property, without due process oil
law )" that the people shall have the trial
by jury in all cases involving life or lib
erty and that private property shall not
be taken for public use without just com.
pensalion.
The articles Of the ordinance had been
adopted by the frsv Congress under the
Constitution; which was 10 be The Su.
preme law Of the land, il was but just thai
the First Congress- should have those grea
principles incorporated by the consent o.
the Union in the Constitution. That was
done. Why did the First Congress adop
these provisions and principles Of. the ordi'
nance, and procure their incorporation
into the Constitution That can bt
most titly answered in the words of the
ordinance itself:
{" For extending the fundamental prin
ciples Of civil and religious liberly,"*
"snd to fix and establish those principle:
as the basis Of all laws, constitutions, ant
governments which, forever hereafter
shall be farmed within the Territories. :
The act of 1889 adopting this ordi
nance, as also the amendment incorpota
ting its great principles in the Constitu
ZION, were /" statute restrictions upon the
institution Of new States. Of perpetua
obligation; and If those restrictions VIC
lated the alledged imprescriptable righ
Of equality Of the several Staies," III,
FIRST Congress, and Washington, and the
people Of the United States, were guilty
! Of that violation. Perchance thsy hat
not learned tha, the several States, q,
States, had an imprescriptable right u