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
Mr. POINDEXTER said he would state the reasons for which he had
introduced the bill, and which would, he hoped, insure it the sanction
of the committee. I will, in the first place, said Mr. P., advert to
that part of the ordinance which is proposed to be amended by the
bill under consideration. In the ordinance for the government of the
Northwestern Territory will be found this article: "The Governor shall
have power to prorogue and dissolve the General Assembly, when, in
his opinion, it shall be expedient." The bill proposes to take away
this power, as being arbitrary and oppressive in the extreme, and
incompatible with the Constitution of the United States. This ordinance
was passed previous to the adoption of the Federal Constitution, and if
it had been the subject of consideration subsequent to its adoption,
this provision had never been inserted, giving to Governors of
Territories a power paramount to any power possessed by the President
of the United States. Take away this power and a Governor will still
have left the power of negativing all acts, so that none can pass
without his assent; and, being the agent of the General Government, he
would give consent to no law incompatible with the interests of the
United States.
It has been said that the ordinance cannot be altered without the
common consent of the parties to it, and that the State of Georgia
must be called upon to give its assent before the Congress can alter
it. There are two parts of this ordinance; the first contains the form
of government, and the second several articles of compact which are
declared unalterable but with common consent. After reciting the form
of government, the ordinance says:
"The following articles shall be considered as articles of
compact between the original States and the people of the
States in the said Territory, and forever remain unalterable,
unless by common consent, to wit."
[Here follow six articles.] The ordinance declares that which follows
the declaration to be unalterable, but by common consent; it follows
of consequence that that which precedes the declaration is alterable.
Independent of this reasoning, which cannot be refuted, at every
session since we have been a Territory, there have been laws passed
altering the ordinance in some shape or other. For example, the
ordinance requires two judges to hold a court; and, in a variety
of instances, Congress has legislated with respect to the form of
government of the Territory. I had supposed that the articles of
agreement between the United States and Georgia had become obsolete,
with respect to the imagined necessity of the consent of Georgia to
legislation on the subject of the Territory. It was urged at the last
session with all the eloquence which the gentlemen from Georgia are in
so great a degree possessed, and disregarded; for it was decided by
both Houses that the United States had a right to rule the Territory
without the consent of Georgia.
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