Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
This act of Congress, passed to give full effect to this ordinance by
adapting its working to the new Federal Constitution, was among the
earliest acts of the Federal Congress, being number eight in the list
of acts passed at the first session of the first Congress; and classes
with the acts necessary to the working of the new government. As such
it was modified; and as such preserved and applied to successive
Territories, as governments for them were given. That ordinance is, in
fact, the basis of all the Territorial governments, and is extended to
each of them by name, with such modifications as each one required; and
its benefits secured in their deeds of territorial cession by Georgia
and North Carolina. Thus, the fifth clause in the first article of the
Georgia deed of cession, dated April 24th, 1802, stipulates: "That
the Territory thus ceded shall form a State, and be admitted as such
into the Union, as soon as it shall contain 60,000 free inhabitants,
or at an earlier period, if Congress shall think it expedient, on the
same conditions and restrictions, with the same privileges, and in
the same manner, as is provided in the ordinance of Congress of the
13th day of July, 1787, for the government of the Western Territory
of the United States; which ordinance shall, in all its parts,
extend to the Mississippi Territory contained in the present act of
cession, that article only excepted which forbids slavery." The deed
of cession from North Carolina, for the Territory since forming the
State of Tennessee, and dated December ----, 1789, is equally express
in claiming the benefits of this ordinance; so that, made before the
constitution, it has been equally sanctioned by Congress and by States
since. Virginia sanctioned it immediately after its enactment, and
before the commencement of the present Federal Government, to wit, on
the 30th day of December, 1788. The ordinance being thus anterior to
the constitution, was not formed under it, but under the authority
of owners--sovereign owners--exercising the right of taking care of
their own property, subject only to the conditions and limitations
which accompanied its acquisition. And thus the Territories have been
constantly governed independently of the constitution, and incompatibly
with it, and by a statute made before it, and merely extended as a
pre-existing law to each Territory as it came into existence.
[3] The 6th, being the Anti-slavery article.
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