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
I have before stated it as my opinion, said he, that the articles of
the ordinance are a compact between the people of the States and of the
territories, unalterable but with the consent of both parties. With the
permission of the House, I will read the opinion of Judge Tucker on
this subject:
"Congress, under the former confederation, passed an ordinance
July 13, 1787, for the government of the territory of the
United States northwest of the Ohio, which contained, among
other things, six articles, which were to be considered as
articles of compact between the original States and the people
and States of said territory, and to remain unalterable, except
by common consent. These articles appear to have been confirmed
by the sixth article of the constitution, which declares,
that all debts contracted and engagements entered into,
before the adoption of the constitution, shall be as valid
against the United States under the constitution as under the
Confederation."
In this case there are not only two but three parties to the
articles--the United States, the State of Georgia, and the people of
the Territories. You will recollect, as my colleague properly stated
to you, that the right of soil and jurisdiction of this territory
was originally in the people of Georgia. Of course Georgia had power
to prescribe for the territory what form of government she pleased,
provided it was republican. By the articles of cession, the right of
soil and jurisdiction was ceded to the people of the United States,
_on the express condition that the articles of the ordinance should
form the government of the Mississippi Territory, and that they should
not be governed otherwise_. The inference inevitably is, that the State
of Georgia would not have ceded but upon the express condition; and
this inference is the more inevitable, inasmuch as, in this clause,
Georgia has made an express exception to a particular article in the
ordinance;[3] from which, I say that Georgia intended that no other
alteration should be made.
What was the policy of the ordinance, and what the object of its
framers? Why, assuredly, to render the governments of the Territories
dependent on the Government of the United States. And how was it
to be effected? By making the Territorial Legislature in a great
degree dependent on the Governor, and him absolutely dependent on the
Federal Executive. The moment we make the Legislature of a Territory
independent of its Executive, we make it independent of the Federal
Government.
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