Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1863-01-22
Mr.. BIDDLE. 1 will eudeavor not to

the legislation on that subject, out IL seems
to me that hs has ascribed authority exer-
cised under the old Articles Of Confedera-
ton to the acts of authority exercised under
the Constitution Of the United States
That will not elaborate.
Mr. BINGHAM. | again thank the
gentlemen for his information.
Mr.. BIDDLE. Aud his brevity.
Mr.. BINGHAM. beg leave to say to
the gentleman, in the language OF the de-
cision of the Supreme Court speaking
through the mouth Of the Chief Justice, on
the ordinance Of 1857, to which the gentle
man refers, and which was passed under the
Articles of Confederation, that that ordi:
ceased to be law l want to add this fur
ther word: BY that decision the Supreme
Court, by its Chief Justice, further declared:
of tue six articles Of the Ordinances OF t7S7 not hcon-
slsent with the Constitution OF the United states ever
since the 9Th Oi August 1889 have been established law
within the Northwestern Territories"
But, say the court:
"hese provisions owed their legal validity and force
after the Constitution odopied aud willie the terrific
rial government continued the OF Congress OF 7h
OF August Z y which adopted aud continued the ordi.
States since formed in the Territories these provisions
so Tar as they have been preserved their validity
-, ~ ;,',. - if ~ ~ w ot'u @
therein esinbiishsd and no, to the authority Of the ori
aanees Sf the old Confederation. 'atopidon q Chief
r., p. 81. '' -
What were the most material nrovis;ons
and principles of the six articles of the great
ordinance thus preserved and made Of full
force by the act IF l789. under the Const;.
tuition, and by the approyal of Washington
That slavery. otherwise than in nunisbment
of crime. unon dus conviction. should he for.
ever prohibited within said Territories: that
no man. either white or black. sbould he
therein depriyed of his liberty or nronertv
but by the Judgment Of his neers and the
law of the land: that the inhabitants there
Of all the inhabitants without respect to
complexion or birth, should be always enti-
tied to the benefits of the writ of hdbeds
corpus and of the trial by jury, save when
by reason of invasion or rebellion, the priv
ilege of the writ should be suspended, and
that private property should not be taken
for public use without just compensation =
Such, sir, were the material provisions and
PRINCIPLES OF the six articles of the ordinance
OF l7S7,. which ceased to he law with the
perlshed Articles OF the Confederation, and
which were re enacted by the act Of 1889,
under. the Constitution, and approved by
washington as the law of all the Terrific
rles then possessed by the Government of
the United States.
! beg leave respectfully to repeat that
these articles ceased to be law with the Con
federation, AMI after the adoption of the
Constitution only again became the law OF
the Territories Of the United States by this
act OF 1889, approved by Washington. He
approved law under the Constitution to
dcnationalize slavery, and forever exclude
the crime from all the national Territories,
and yet we are to DO told that by following
his grand example We are sectional, and
kindle all over the land the flames of civil
war.
Tn this connection allow me to saw tba,
Washington and his party, who controlled
the first Congress under the Constitution.
took care to carry into the Constitution II,
SELF so tar as their recommendation could
effect that object by way of amenJrnents ia
the Constitution, the chief provisions of the
six articles of the ordinance of 1887, Itwas
under Washington's administration that
this was done; it was by the first Congress
under the Constitution that these articles
were embodied in the form Of amendments
to that instrument, and sent to the States
for ratification; and it was under the great
Lead oil washington that the States did rat
ify and make these amendments part OF the
supreme law Oh the iand.
Let gentlemen compare the fifth aud sixth
amendments to the Constitution recon-
mended in 1889 with the provisions of tn,
six articles of the ordinance of 1887, & not,
the fact that these two amendments arr
substantially and almost literally the proyis
ions ofthe articles of the ordinance. Thos,
amendments declare that no person shal
f be deprived of life or liberty or propert,
|, without due process of law, nor shall pri
vate property be taken for public use with
out just compensation; and that in oil Grim
inal cases the accused shall enjoy speed,
and public trial by an impartial jury. Ar,
we to be told, sir, that it is sectional, ant
justiies rebellion, if by law We enforce thes,
} sacred and just principles Of the Constitu
tion in the Territories No, sir; if such leg
islation be sectional then is the ConstitI
tion sectional and Washington and the Firs
Congress were sectional
Mr. cox. 7 dislike to interrunt tb
gentleman in such splendid torrent of elo
\ ouence. but he will excuse me for inouirin,
] what his exposition is as to what Wasbing
, tons sectional party is, and what he mean
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