Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-15
emma TUATION."
Its UoIspIiestIe..1.Tnsir origin an"
NUNBER 8.

Il
The ordinance OF 1857, 80 called, entitled
"An ordinance for ne government Of the
Territory Of the Uulled States northwest Of
the river Ohio" provided, vlEi
ARTICLE THn FounTH. The said Territory
aud the States which may be formed therein,
lhau forever remain a part Of tds eorysdsrdey |
Of the United States Of America, subject TO |
the articles Of confederation aud 10 such |
alterations therein a. shall be constitution |
a lily made, and 10 all the acts and ordinances |
Of the United States In Congress assembled,
conformable thereto.
ARTICLE rHE FITTH. See. l. There shall
be formed In tho said Territory not less than
three, EOr more thAn Eve States. And
(Ibid,) 1850.
Sec. 3. Aud, whenever auy Of the said
States shalt have alxty thousand free inhaol-
tauts therein, such STATE sAall Be admitted, By
Its delegates, Into the Congress Of the United
States, on an s9adl footing viii tM original
States N al rsspsefs phaispsr, aud shall be at
liberty TO form a psrmdasHf constitution and
STATE gOpsrnmsnf; and, In the ordalninB
clause, II was provided, Wis ...---,,,
That these dArticles shall DO considered
as articles OF compact bStessH uh original
States and he psopls AID Stdiss IN ne said TER
ritorV, and forever remain Hnaltsrdob, unless
by common consent"
There Is certainly nothing In all TINS
phraseoloQy which indicates or implies such
an adnissioa iafo ne Uaion Of these new
States a. invests them with, or reserves 10
them, or recognizes as Inherent In them
auy right Of secession or dlsseution there
| from. Mark how peculiar, and cautious,
and comprehenslvei IL the phraseology. When
the population In those portions OF this ter
| rItofy which are TO be erected Into States
reaches sixty thousand free lnhabitante then
~ -. -. I.sfa ~ IfaIta
but they are 10 assume State position In
the Union by ne admission Of tAsir dslepdfss
INTO ne Conorssi, aud BY being made free,
| sovereign and independent enough TO form
| a permanent constitution and State govern
ment, equally with the original States.
Nov, that the reorganization Of the Gov
eminent OF tina United States under the Con-
sttutlou, and the acts Of Congress- under IL,
Ia relation to such territory, were conforma-
bic to the covenants contained In the ordl-
nance OF 1857, aud 10 The articles Of coufed.
Grafton aforesaid, 10 beyond question.
What Gays the Constitution Itslanguage
10, via! ...
ARTICLE FouRru-ParagrspA .. New siAtes
may be adBiiifsd ~ fAa cOa0rsts fnio hti UatoHi
sI s 20 1 ,Ss as ,sn q snS Ot &. State
nor any state Be formed BY the FUNSTON OF
two OF more statss, ot PIrts q States, Tiih.
States conserved, as well as Of the oohErss'.
All this is clearly said with special refer
enee to tho States and territory then com
pretended within the precincts and jurlsdlc-
lion OF the United States. To understand its
phraseology, then, as well as lie application
and references, We must look at tho original
aim and intent Of this article Of the Const-
tuition, at the tlme Il was framed and adopted
by the people OF the United States. What
were the new States here referred tot
By all who are familiar with our goyern-
mental annals Il will be remembered that
the greatest obstacle In the way OF the ratld
| cation Of the proposed Articles Of Coufedera-
| ton, which were 10 make the colouies Sidtai
and their union A. such PsrpstHal, originated
| in the disposition 70 be made Of the sropn
lands which lay within the charter llmltA Of
the respective colonies before war. To prove
this and 70 ahoW what disposition was made
Of the question, We need only cite the act
Of the General Assembly Of the State Of New
| York In reference thereto, under date Feb
ruary 10, 1850, which says, yiEi
! I'll haVlnE been conserved that portion OF
he waste and pasS 81 tss,sEsoy wh 10
be appropriated a. a ee9n'on yInd ior ne ex.
penies Of the war, aud the people Of the state
% r tSsir regard FOR their slsisr StstsS,
aud their earnest desire TO Ptomote the gs5Hsi
Interests .nd security, and @ors sIpsetsHy 70
\ far as IL depends upon them, hs bstors nsn-
iiOasd iapsdi'Hs.ii to IA a.Al sosOneiish.@snt'
arss d.l.t.,ss Of mi. stAts,in oonsress,ars
hereby fully authorised and empowered, for
| and % behalf Of this State, aud By proper and
Authsnus acts And instrgn s, 70 nnn ana
| srn part thereof, BY such line or lines and 10
such manner and form A. they shall judge TO
be expsdlspti which shall 2; ap n snsu s ioI
a. fhsH bseoms Msnbsrs Of hS FEDERAL Alliance
o. laid aaiss, and for no otAsr u's or PHrPo's
on The 9th OF September following the
Congress took occasion, from this maguAnl-
; nous example Of tho State Of New York,
70 appeal 70 the other States for similar
cession Of their territorial clAlms. A reso-
: tuition was adopted submitting copies OF the
said act and other papers 70 the Legislatures
OF tho several Colonies or Btates, earnestly
recommending ''to those who have claims to
the Western country 70 pass such laws, aud
give their delegates In Congress such poverH
as may eheotually remove Ia only oo.taelt 70 q
1nal rGtlfeafion Of the Articles OF Coufede'
ration" ...-
And subsequently, again, on the 10Th Of
October, 1850, the Congress passed an ordl
! nance guaranteeing the faith Of the Union
J 10 the pledge, via;
"ThAt such lands a. shall be thus esded "a
the HOi,sS s,:ss' ~ AK SSTsSSlsS ss:
Of the United states, end % ssttIsd and Formed
| tHiO dffiinef repubifeda Aafsf. NAieA sAaH bo-
sS%s .Ss =. Ist,r ,sS Haa ~. Ss's ~.
Ssadsnss az hs oiAST aGisI.R THAT each State
IShich IkaH b AEI formed shall eontaIn = suit
b1Sdfed aor ,aors than one hundred and afiy
| miles, or ~ near thereto AselfoumatAnaes viii
admit That the neesssAry and Le.aon.bls
have Incurred SInss ms eommenssnsat OF the
present war, In aubduing British posts, Or IN
maintAtninE forts or garrisons within. ana ioI
; s1 ae,s .s may Sc rslinquisksd 70 ISs
United stNtsa, sbali be granted OF settled a
such inss sna under 'SSs s, r1 IS Nv T.,t y
! siaiss "a coaSresg aSss Iabled, or any nine o.
more Of hsmj5 {, g., OF the original thirteen.
Here 1t must be carefully observed that III,
. then existing States were recognized As dis
. tinct republican States, and that~the pro
: posed new States were 10 DO made dibtine
republican States after the same pattern, and
!; and Independence were guaranteed ~ essen
! tlal elements Of such State existence, boil
as 10 tho original and the proposed new
States, Whoso State existence was 70 be II
like manner With the existence OF the Union
; perpetual.
Further than this, on August D.. 1885, Il
Congress, "on motion OF Mr., Pinckney
seconded BY Mr.. Lee, 10 was resolved" via
Whereas the States Of MASgaehusOttI
=
! consequences Of the recommendAtion Of Cor
!, gress Of the 9th september, lTsO, made oes
IiOns Of their claims to Western tarritoIy 4
the United states, In CongTsss assembled, 70
= the use Of the United States.
"RsIolped, That the said subject Be AsAiI
presented to the view OF the States OF Nottl
DArOlInA, South Carolina, and Georgia, VIII
have not complied with so reasonable prop
osltion, aud that they be, once more, aolieite'
| to consider, with oAndoT and llberality, u
expectations Of their sister States, and IN
earnest and repeated applications made &
them on this subject" .....
Lett be borne in mind that this coysnAn
1 | was made on the part Of the Continents
9 Congress, then the governing power Of III
Union, and aBsontod 70 on the part OF u
. people OF the respective colonies, or State
2 as they were called btfors their Independents
was achieved, and befoFs the Articles Of Cor
. federation were fully and finally ratified
= while the eeSSlonS Of territory called Il
, were not actually made and completed unit
!, after these events.
d II WA necessary, therefore, that this COY
y enant should be renewed or affirmed or ful
III