Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-01-14

and command that the instrument usually called
the ordinance of 1887 was adopted regulating
in much detail the principles and the laws by
which this territory should be governed; and
among other provisions, slavery is prohibited in
it. We do not question the power Of the States,
by agreement among themselves, to pass this
ordinance, nor It's obligatory force in the terri
tory"
THE ORDINANCE IN THR NEW CODE.
The Chief JUST &C continues This was The
state Of things when the Constitution of the
United States was formed and among the ear
liest Aug. 1879, laws passed under the new
government is one reviying the ordinance Of
1887. This law introduced no new form or
principle for its government, but recites, in the
preamble, that il is passed in order that this or
dinsnce may continue to hare full effect, and pro-
ceeds TO make only those rules and regulations
which were needful to adapt it to the new gov
ernment, and the new government haV-
ing received Il ought 10 carry substantially into
effect the plans snd principles which had Previ>
ously been adopted by the States"
The Chief Justice enforces the obligatory power
of the ordinance, equally with that OF the Con-
stitutiOn, though Inc former is of autecedent
date, by a reference TO the first and second
clauses of the 9Th Art. of the Constitution. "All
debts contracted and engagements entered into
before the adoption of this Constitution, shall
be as valid against the United States under the
Constitution, as under the confederation. This
Constitution and the laws Of the United States
which shall be made in pursuance thereof; and
all treaties made, or which shall be made, un-
der the authority of the United States, shall be
the supreme law of the land" The ordinance
then as well as "debts," engagements, D
'treaties" Of prior date to the Constitution, are
all in the same categyry.
From those premises, then, we arrive by easy
stages to the following positions and cOnclu-
siOns.
The ordinance by virtue of the law of Con
gress Of Aug. 2, l7S9, is "the supreme law ol
the land
The ordinance itself was of perpetual yalidi-
| ty, never to be altered but by common consent
of the parties, the peO pie Of the United States
of the one part, the people of the States erected
out of the territory Of the other part.
The ordinance provides for the writ of habeas
cOrpus-trial by jury 10 all the Inhabitants,
Gsettlels," ''peopie" Of the territory.
The Constitution of each of the six several
States erected out of the territory contains the
prohibitoTy clause against slavery OF the oh
Article of the ordinance.
The rendition of fugitives from service by the
9Th Article of the ordinance was TO be only when
the person escaped from "any one OF the org
tinal thirte en- States" and in such case the fug
tive must be confronted before jury in the ter
ritory or States thereof by the master proving
identity, and that by the laws of the Slave State
he owed service to him. If the verdict of the
Jury should award for the master, then the tu
gitive would be lawfully reclaimed" as the
rodinance provices.
Is it said that the fugitive slave acts are to bS
enforced. We reply not in the Northwestern
States. The law Of Aug. 1889 was before
them and Il is 'the supreme law Of the land
also. Stand back, gentlemen-hands off Lei
our qrist be ground first. The Constitution be
ling Of subsequent date to the ordinance, th'
Ifpoitive slave clause of the Constitution is tC
be interpreted as excepting those States covered
and protected by the ordinance. 1t is ineum'
bent then upon the prosecution or claiman
party to prove to jury the owing Of service II
one Of The Original States and identity of the fu.
gitiye. If the verdict is for the matter he take
him; then at this point an attempt at ''reseue'
attaches, the fugitive being adjudged to tht
master When the law shall be administered
as is laD the Illinois rescuers may 90 quit ant
have a chance to sue for false imprisonment
There was a strong case for the ordinances
decided by the Supreme Court of Illinois il
ls45; the article Of the ordinance prohibiting
slavery being incorporated in the State COnsti
tuition. In l720 the French brought slaves il
the West Indies, and took them into the Ilinoi
country to work the lead mines. The King
by decree, had declared slavery existing il
all the country of louisiana. By the treat.
of 1868 the Illinois country was ceded to Grea
, Britain. In l77s Col. Clark, of Virginia, too
the forts garrisoned by British troops in tha
region, and bringing il in some measure unde
the government Of Virginia. In 1888 tn
Illinois country being east of the Mississipp
liver was ceded to the United States by tn
5 treaty of peace. The master continued to boil
E his slave in Illinois BY virtue of ''Veste
right" coming down from France to Gres
Britain, Virginia and the United States. Con
e press had early confirmed the title to the FIenc
2 settlers in Illinois to their lands. The grea
, law of the ordinance operating through th
State Constitution, and the judgment of th
Supreme Court of Illinois severed the slav
"property" from the master ard the descendaI
: captive went free, E
1 Douglas and the Democracy, both wing
D have endorsed the Dred Scott decision.
$ would seem from the foregoing recital from th'
+ decision that they hsve endorsed far more tha
2 fhsy supposed the bill called for. P.
q