True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-02-04
STEUBENVILLE, OHIO, WEDNESDAY FEBRUARY i 1851,


of Congress over the foreign commerce
in slaves, for the erciusive benefit of the
then existing States. That section is in
these words: ''s
"The migration or importation, of such
persons as auy of The States now exis-
ting shall think proper to admit, shall not
be prohibited by Congress, prior to the
year 1908, but tar as duty may be i'm
posed on such importation, not exceed
ing teu dollars for each person."
This express Limitation in favor Of the
original States, was absolutely necessary
if they would continue the foreign slave
trade after The adoption of the Conslitu.
ton, for the reason that the Constitution
was declared "to be the supreme law Of
the land-lhe constitution and laws Of
any State 10 the contrary notwithstan.
ding;" and by its terms the exclusive
power was granted to Congress 10 regu-
lale foreign commerce even to,prohlblIlon
which included navigation and intercourse
as well us trade. the importation or com.
merce in slaves, as we'll as the imporla.
ton or commerce in goods. That all Of
these limitations upon The power Of the
General Government, whether implied or
expressed, were for the ercLusiue beneti S
Of the States then existing cannot be
galnsayed, and therefore the power OF
Congress was not thereby restrained in
leglsIating for The government Of the
Territories, or for the institution and
admission into the Union OF new States.
The attempt was made in the consli-
tuAonal convention, TO secure to the ne,U
States which might he thereafter admit
ted into the Union, the same privileges
thus retained by the original States; but
it failed. On the 29th of August, 1887
a proposition was made in that conven.
ton, to provide by the Constitution lol
the admission Of new States "on the
same terms with the original ST ates.' Is
Elliot's debates, p. 493.) This PROPOSE.
tlon was rejected, and The provision adop'
ted and inserted in the Constitution as it
now stands, that "new States may be
admitted by the Congress into this Union.
Why were the words "upon the same
terms with the original States" rejec-
ted by. the convention, and excluded from
the Constitution ManiIesty, TO declare
plainly and distinctly the intention of the
trainers of the Cons luton, that new
States should not come into the Union ol
right, and upon the same terms with the
original States but only by the consent
Of Cnngress, upon such terms, and under
such restrictions, he would subject them
to the spiri, of the Constitution, not only
as it was originally framed and adopted
but also as it might be thereafter amen
ded.
The construction. sir, of the Consti.
tuition, that Congress, in The organization
and admission of new States, might i'm
pose conditions upon them to which the
original States were not subjected, by
requiring them to confirm their domestic
institutions to the Constitution in all re.
spects, has been affirmed and sanctioned d
by the legislative. executive, and judicial
departments of our Government, from the
day of its organization.
Let it be borne in mind, sir, that on
the 29th day of August, 1887, when the
constitutional convention had the report
of its Committee providing for the ad
mission of new Stales under considera.
tion, and rejected the provision for their
admission ION the same terms with the
original States." the ordinance passed on
the 18th Of July, 1887, by the Congress
of the Confederation, for the government
of the Northwest Territory was in full
force: that it was the law of all the ma
tional territory, and provided for the cree.
ton of 1eio States therein, and for their
admission into the Union Of the Conled.
eralion "on an equal footing with the
original States in all respects whatever
but subject nevertheless, To certain terms,
.condllions, and restrictions, which were
not imposed upon the original States. =
These terms, conditions. and restrictions,
we're. that Slavery otherwise than in pun
ishment of crime upon due conviction
should be forever prohibited within said
ne,0 States that no man should be there
in deprived of his liberty or property,
bul by the judgement of his peers, or the
law Of the land that the inhabitant.
thereof (all the inhabitants) should be
alDays entitled 10 the benefits Of habeas
corpus. and Of the trial by jury; that pri
vate property should not be taken event fol
public use without full compensation
therefor; and that the constitutions ant
governments Of such aew States should
be Republican, and in conformity TO the
principles Of the ordinance. These were
provisions of the six article Of the ordi
nance, which were declared to be unalter
able but by the common consent not Of The
ne,O States merely, but Of all the States
Upon the adoption Of the Constitution
the ordinance was superseded and ceased
to be law, for the reason that The Govern
ment 10 which I owed its origin and va
lidity had ceased to be. | have the au
tholily Of the President himself for that
!. He says in his last Snnual message
! page 20: a